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HomeMy WebLinkAboutR-2002-011 City of Wapato Interlocal Jail AgreementRESOLUTION NO. R-2002- 11 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an "Interlocal Jail Agreement" with the City of Wapato for the provision of jail detention services during 2002 and 2003. WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize the City of Yakima and the City of Wapato 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 Wapato for the detention of some Yakima prisoners, and to reasonably compensate Wapato for the care and custody of said prisoners; and WHEREAS, Wapato 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 Wapato 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 is hereby authorized and directed to execute the attached and incorporated "Interlocal Jail Agreement" with the City of Wapato for the provision of jail detention services during 2002 and 2003. ADOPTED BY THE CITY COUNCIL this 5th day of February, 2002. ATTEST: Place, Mayor City Clerk (Ikires/ wapato jail contract/ pm INTERLOCAL TAIL 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 Wapato (hereinafter "Wapato"). L RECITALS WHEREAS, it is the desire and intent of Yakima, through its police department, to utilize the jail facilities maintained by Wapato, and to compensate Wapato 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, Wapato 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 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, 2002, and terminate on midnight December 31, 2003, 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, Wapato shall accept and incarcerate up to twenty (20) 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. Wapato shall feed and Page -1 (!k)agree/wapato jail contract 2002/pm 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. All prisoners incarcerated for Yakima by Wapato shall be subject to all rules and regulations of Wapato governing its jail facility, including Wapato's visitation rules and regulations. Wapato retains the right to refuse to incarcerate and/or provide any other services to Yakima prisoners, who, as determined by Wapato, constitute a security risk, or who are arrested, held or detained by Yakima for any violent crime. Female prisoners of Yakima will be accepted for incarceration by Wapato only upon prior agreement. 3. Compensation. Yakima agrees to pay Wapato each month the sum of thirty-five dollars ($35.00) per day for each Yakima prisoner incarcerated in Wapato jail facilities pursuant to the terms of this Agreement. Any part of the day, beyond six (6) hours, shall be considered a full day. Payment shall be made for the first day of incarceration, but not for the last day of incarceration. The charges in this section shall apply without regard to whether the prisoner has been charged, tried, or sentenced and shall continue until Yakima notifies Wapato that the prisoner is to be released or until the sentence has been served by the prisoner. 4. Clothing and Bedding. Wapato 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 according to the procedures and policies of Yakima. Prisoners' personal property shall be held by Wapato and will be transported with each prisoner to the Wapato jail facility. 6. Prisoner Delivery and Notification. Yakima shall be responsible for delivering its prisoners to the Wapato jail facilities and for notifying Wapato of all prisoners to be released. No person who appears to be sick or injured shall be accepted for incarceration in the Wapato jail facilities until he/she has received proper medical attention. Wapato shall provide Yakima with a monthly list of Yakima prisoners housed during the billing month. 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 redeliver such prisoners to the appropriate facility. 8. Medical Treatment. Wapato 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 Page - 2 (Ik)agree/wapato jail contract 2002/pm 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 be paid by Yakima; provided, however, that Wapato shall pay for any medical expenses that are directly caused by the negligence of its officers and/or agents. Wapato shall notify the Yakima Police Department by whatever communications system available (telephone, radio, etc.) if a Yakima prisoner requires emergency medical or dental treatment. Wapato shall immediately transport the prisoner to an appropriate health care facility for emergency medical or dental treatment. Yakima shall reimburse Wapato for such transportation costs. Wapato 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. 9. Indemnification and Hold Harmless. a. Wapato 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 Wapato custody) which result from or arise out of the sole negligence of Wapato, 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 Wapato, 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 Wapato and Yakima are negligent, each party shall be liable for its Page -3 (Ik)agree/wapato jail contract 2002/pm 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. No Insurance. It is understood Yakima does not maintain liability insurance for Wapato 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 Wapato 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 Wapato 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. Property. It is not anticipated that any real or personal property would be acquired or purchased by the parties solely because of this Agreement. 15. Equal Opportunity. Yakima and Wapato are equal opportunity employers. 16. Nondiscrimination Provision. During the performance of this Agreement, Yakima and Wapato 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 Wapato 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 Wapato as stated herein. Page - 4 (ik)agree/wapato jail contract 2002/pm 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 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: Police Chief Yakima Police Department 200 South Third Street Yakima, WA 98901 TO WAPATO Police Chief Wapato Police Department 205 South Simcoe Wapato, WA 98951 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. Page 5 (tk)agree/wapato jail contract 2002/pm 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. 25. Resolution. The City Council of each party shall adopt a resolution authorizing execution of this Agreement. 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 C, Y OF WAPATO R. A. Zais, Jr.,`tity Manager Date:�-- ATTEST: ( , City Clerk City Contract No. &',' 7 -D 7 Resolution No. /"?-_1� ?-// Page - 6 (lk)agree/wapato jail contract 2002/pm Donald Stellwagen, City`ayor Date: V� ,b-Q.i°ir1 '� .} / � �( .X.,01)/ ATTEST: City ?rk City of Wapato Resolution No. 2001-40 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1I( For Meeting of - .S - a 3 - ITEM TITLE: Consideration of a Resolution Extending the Interlocal Jail Agreements Between the City of Yakima and the Cities of Sunnyside, Toppenish and Wapato SUBMITTED BY: Don Blesio, Chief of Police Paul McMurray, Asst. City Attorney CONTACT PERSONTi'ELEPHONE: Chief Blesio - 575-6211 Captain Roy Willson — 576-6348 SUMMARY EXPLANATION: Attached are resolutions authorizing the execution of three separate Interlocal Jail Agreements between the City of Yakima and the Cities of Sunnyside, Toppenish and Wapato. These are renewals of previously executed agreements which expired on December 31, 2001. The agreements with Sunnyside, Toppenish and Wapato provide no increase in the $35.00 per -day cost for housing City of Yakima prisoners. Each contract is for a two-year term and provide for no other changes. Resolution X Ordinance Contract X Other (Specify) Funding Source APPROVED FOR SUBMITTAL: /a.cre, (City Manager) STAFF RECOMMENDATION: It is recommended the Council adopt the resolutions authorizing execution of these agreements. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: RESOLUTION NO. 200 1-40 RESOLUTION APPROVING INTERLOCAL JAIL AGREEMENT WITH THE CITY OF YAKIMA WHEREAS the City of Wapato is willing to make its jail facilities available for use by the City of Yakima through the Yakima Police Department, for compensation at the rate of $35 per day per prisoner, all as more particularly set forth in the Interlocal Jail Agreement, a copy of which is attached hereto, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAPATO, WASHINGTON AS FOLLOWS: 1. The Interlocal Jail Agreement between the City of Wapato and the City of Yakima is approved for signature by the Mayor. 2. This resolution shall be effective immediately upon passage and signatures hereto. PASSED by the City Council and approved by the Mayor at the regular City Council meeting held on the 17th day of December, 2001. Attest: ROSIER H. RUMS City Ci Treasurer Approved as to Form: WILLIAM C. MUR'HY, City Attorney (AEI( DON STE , Mayor it, _21_ COPY