HomeMy WebLinkAboutR-2005-200 Yakima County Interlocal Corrections / Detention AgreementRESOLUTION NO. R-2005-200
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 2006.
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 expires at midnight,
December 31, 2005; and
WHEREAS, the County desires to continue providing the City with jail detention
services during 2006; 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 2006.
ADOPTED BY THE CITY COUNCIL this 13th day of December, 2005.
ATTEST:
A
City Clerk
Paul P. George, Mayor
2006 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 November 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 o f this Agreement.
Interlocal Jail Agreement 1
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. Inmate Work Crews. Inmate work crews will be contracted through a separate
agreement.
4.4. Home Detention. Two home detention services are available for the City's
prisoners.
Option A: 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. ;or
Option B: 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
4.4.1. 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.
4.4.2. 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.
4.5. 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.
4.6. 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.
4.7. Affirmative Denial. The City agrees that the County may assume that all
inmates committed by the City's applicable Court are eligible for all correctional
options specified in this Agreement unless the applicable Court's disposition
specifically denies such eligibility.
4.8. 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 or if available, make use of the Lower
Valley Transport system. At the time of delivery or LVT pickup, the City shall
provide the warrant or court order detaining or committing the prisoner to the
Interlocal Jail Agreement 3
County. Said order shall specify the next court date or 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 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 City may at it's option and
upon completion of his/her sentence for the other jurisdictional charges, pick up
and deliver the prisoner to the City Detention Facility for the Completion of
his/her jail sentence. It will be the City's responsibility to monitor and manage
their prisoner population and to remove it's prisoners from and or leave it's
prisoners in the County facility under this section as best meets its needs.
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. When the City holds a prisoner in custody at the City Detention Facility
pursuant to charges from other jurisdictions which participate in the Cooperative
transports system, the City will notify the County of the transport need and
detain the prisoner until the next transport date. The City will delivery the
prisoner and the necessary documents to the County on the next transport date
at a mutually agreed upon time.
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. Prisoner's 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
Interlocal Jail Agreement 4
applicable I 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.
9.1. 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 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.
9.2. 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.
9.3. 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).
9.4. 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 City's designee(s) via Email if a City prisoner
requires medical or dental treatment at a medical or health care facility. It shall be
the City's responsibility to promptly notify the County of any changes in its
designee(s). 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 faits 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
Interlocal Jail Agreement 5
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.
12. Implementation. The Director of Corrections and the City's Designee 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,
2006 through midnight December 31, 2006, 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
Interlocal Jail Agreement 6
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:
TO CITY: Chief Sam Granato
City of Yakima
200 South 3rd Street
Yakima, WA 98901
TO COUNTY:
Steve Robertson, 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 inter -local correction/detention agreement for calendar
year 2006 is desired by both parties but the parties cannot agree upon the terms of
the agreement by March 31, 2006, 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, 2006.
In the event that the parties cannot agree on a single arbitrator by said time, each
party shall appoint one arbitrator by April 30, 2006. 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.
Interlocal Jail Agreement 7
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 8
CITY OF YAKIMA
By: =a a
City Manager/ Mayor
R. A. Zais, Jr.
Date: 3/o
ATTEST:
City Clerk
City Contract No. o/0057--
Resolution
o05
Resolution No. /f-�ooS-too
BOARD OF YAKIMA COUNTY
COMMISSIONERS
Ronald F. Gamac e, Chairman
EXCUSED
Jesse S. Palacios, Commissioner
Michael D.
Attest this
Leita, Commissioner
day of , Yr 2-0.05-
Michael
X5
Jennifer A
Board
0-1
s, Deputy Clerk of the
Approv: d to form:
Martin uench,
Prosecuting A . rney
. m
No• to
Iii/Jediunit4Y`@.
Deputy
Interlocal Jail Agreement 8
Attachment A
Yakima County
Inter -Local Corrections Agreements
Rates
Local Correction Rates
2006
Booking Fee None
Last Day None
Daily Housing $63.48
Daily Pretrial Supervision $4.60
Daily Electronic Home Monitoring $4.53
Daily Electronic Home Supervision None
Daily Work Ethic Detention $42.53
Hourly Work Ethic Detention $15.08
Insurance (per worker hour) Actual cost
Equipment (per mile) Per contract
Billing Detail
Fractionalized Billing per current practice.
No booking Fee
No last day charge unless first and last days are the same
(incarceration only)
Other special Agreements Conditions
Yakima County has the following correctional options
services. Each entity can select to use any or all of the
services available in any manner that best meets their
need.
• Pretrial
• Electronic Home Detention (City determines monitoring and
supervision)
• Work Ethic Detention
• Work Crews
• Restitution Center
Affirmative Denial Commitment approved (placed in the
agreement).
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ItemNo. ISFor Meeting of Dec 13, 2005
ITEM LE: Consideration of a Resolution Extending the Interlocal Jail Agreements
Between the City of Yakima and Yakima County.
SUBMITTED BY: Sam Granato, Chief of Police
CONTACT PERSON/TELEPHONE: Chief Granato 575-6211
Captain Rod Light - 576-6393
SUMMARY EXPLANATION:
Attached is a resolution authorizing the execution of an Interlocal Jail Agreement between the
City of Yakima and Yakima County.
This is a renewal of a previously executed agreement. The agreement provides for an increase
from $52.23 to $63.48 per day for incarceration: an increase from $4.38 to $4.60 for pretrial
supervision; an increase from $4.31 to $4.53 for home monitoring; and an increase from $40.50
to $42.53 for work ethic detention. The contract is for a one-year period.
Resolution X Ordinance Other (Specify)
Contract X Mail to (name and address):
Funding Source
APPROVED FOR SUBMI 1 I AL:
City Manager
STAFF RECOMMENDATION: It is recommended the Council adopt the resolutions
authorizing execution of these agreements.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL AC ION: Resolution adopted, RESOLUTION NO. R-2005-200