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HomeMy WebLinkAboutR-2026-042 interlocal agmt w Yakima County_jail svcs and facilities for juvenile detentionA RESOLUTION RESOLUTION NO. R-2026-042 authorizing an interlocal agreement with Yakima County for the provision of juvenile detention services. 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; and WHEREAS, the City, through its Police Department and City Manager, desires to utilize the juvenile detention facilities maintained by the County for the detention of some City juvenile defendants, and to reasonably compensate the County for the care and custody of said juveniles; and, WHEREAS, the County, through its Juvenile Detention Facility, desires to make its facilities available to the City for the detention of City juvenile defendants; and WHEREAS, the City Council of the City of Yakima deems it in the best interest of the City of Yakima to enter into the attached interlocal agreement with Yakima County for the provision of juvenile detention facilities and services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the attached Interlocal Juvenile Detention Agreement with Yakima County for the provision of juvenile detention services. ADOPTED BY THE CITY COUNCIL this 7th day of April, 2026. Matt Brown, Mayor ATTEST: 'Rosalinda Ibarr, CMC, City C 2026 INTERLOCAL JUVENILE DETENTION AGREEMENT BETWEEN YAKIMA COUNTY AND THE CITY OF YAKIMA 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 or City Manager, desires to utilize the juvenile detention facilities maintained by the County for the detention of some City juvenile defendants, and to reasonably compensate the County for the care and custody of said juveniles. WHEREAS, the County, through its Juvenile Detention Facility, desires to make its facilities available to the City for the detention of City juvenile defendants. 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 and the City shall cooperate for the care and custody of juvenile defendants, or alleged juvenile defendants or a non -defendant held pursuant to a court order, and who has not yet attained their 18th birthday, who are subject to the jurisdiction of the Yakima Municipal Court. 2. Detention. The County may accept and detain juveniles of the City and shall feed and otherwise generally care for those juveniles in the same manner as its own detained juveniles and in a manner consistent with rules governing its facilities. The juvenile detention facility will not accept juveniles that are not deemed medically acceptable. County reserves the right to refuse to accept any City juvenile covered under this Agreement on a space available basis if in the opinion of the County Juvenile Detention Manager, it would not be in the best interests of the County due to overcrowding, anticipated overcrowding or other negative impact on the Juvenile Detention Facility. 3. Charges and Other Services. Beginning with the execution of this Agreement, City shall pay County a daily rate for each day or partial day for each juvenile that is housed in the Juvenile Detention Facility pursuant to the jurisdiction of the Yakima Municipal Court at the base rate of one hundred fifty dollars ($150.00). 1 Pursuant to this Agreement, the City of Yakima will not incur any charges for juveniles who are detained concurrently on City of Yakima Municipal Charges and State and/or Federal charges. Any juvenile held solely on local charges from more than one jurisdiction; the cost shall be fractionalized on an equal basis between those respective jurisdictions. Yakima County will make the City of Yakima aware of periodic rate increases for the housing of juveniles. 4. Medical. The County shall provide and furnish for juveniles confined in its facility the minor medical care, attention and treatment, which is provided within the facility. The County shall immediately notify the City's designee(s) via telephone if a City's juvenile requires emergency medical or dental treatment at a medical or health care facility when that is possible. There may be times when immediate notification is not possible or practical. The County shall notify the City's designee(s) via email or fax of all non -emergency medical or dental treatment requests at outside medical or health care facilities. The City shall review requests for non -emergency medical care and shall respond to each request in a timely manner. At the City's discretion, the City may choose to request the Court to furlough or approve a temporary release of the juvenile. The City shall promptly notify the County of any changes in its designee(s). Juveniles who are assaulted or accidentally injure themselves while housed in the Juvenile Detention Facility, the medical will be the responsibility of the County. If a juvenile intentionally injures themselves or instigates an action where they are injured, the cost goes to the agency for whom the juvenile is held (fractionalized as appropriate.) The County and City shall bear the expense of any such medical care, which is directly caused by misfeasance, or malfeasance of its own officers or agents. "Immediate notification" shall mean notification as soon as reasonably possible before the juvenile receives medical and/or dental treatment with the understanding that such may not be reasonably possible prior to emergency care. 5. Juvenile Delivery and Notification. When it becomes necessary to detain any juvenile pursuant to this Agreement due to arrest, the City shall deliver such juvenile to the Juvenile Detention Facility_ City shall contact the Juvenile Detention Facility by telephone prior to bringing any juvenile to be detained and provide the information needed to complete a "Request for Detention" form. At the time of delivery, the City shall provide the warrant or court order detaining or committing the juvenile to the facility. Said order shall specify the next court date or release date of the juvenile. The County shall accept any such juvenile; provided, however, that the County may not accept any juvenile who appears to be sick or injured until such juvenile has received proper medical attention and has been cleared for detention by an appropriate medical authority and due to space 2 limitations as identified above in Section 2. The County reserves the discretion to refuse to take juveniles for medical reasons or safety and security reasons within the facility. 6. Booking Procedure. Juveniles will be booked by the Juvenile Detention Facility personnel according to the procedures and policies of facility by completing for each such juvenile an appropriate booking sheet with a copy to be provided to the arresting agency if requested. Juvenile's personal property will be held by the County and handled in the same manner as property of its own detained juveniles. As part of the booking procedure, the County shall obtain general information concerning the juvenile's ability to pay for medical care, including insurance or other medical benefits or resources to which a juvenile is entitled. The County shall provide this information to the City upon request within forty-eight (48) hours of receipt of the request. 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. Transportation. City shall provide all transportation requirements of any juvenile being transported to and from the City of Yakima Municipal Court pursuant to this Agreement. County shall be responsible to provide transportation to and from local health providers for medical treatment after notifying and obtaining consent from City as identified in this Agreement, except in an emergency. 8. Detention Standards. County shall provide City with a copy of its Detention Standards for the Juvenile Detention Facility. Any juvenile accepted by County shall be placed in a standard detention program unless the court order specifies otherwise, and except as may be necessary after screening. 9. Hold Harmless. County agrees to hold harmless, indemnify, and defend the City, its 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 juvenile, or loss or damage to juvenile property while in County custody) which result from or arise out of the 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. City agrees to hold harmless, indemnify, and defend the County, its 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. 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). 10. Term. The period of performance under this Agreement will be two (2) years, commencing ondate of signature, and continuing through December 31, 2028, unless this Agreement is terminated early pursuant to Section 10. 11. Termination. Termination of this Agreement by either party may be without cause accomplished on ninety (90) days written notice to the other and specifying plans for accommodating the affected juveniles. 12. City's Right of Inspection. City shall have the right, upon reasonable advance notice, to inspect the Juvenile Detention Facility where the City juveniles are housed at reasonable times. During such inspections, the City may interview its juveniles and review its juveniles' records. The City shall have no right to interview juveniles housed for other jurisdictions or to review their medical records, unless it is property authorized to do so by the juvenile or the other jurisdiction. 13. Property. It is not anticipated that any real or personal property will be acquired or purchased by the parties solely because of this Agreement. 14. Equal Opportunity. Neither party shall discriminate against any person on the grounds of race, creed, color, religion, national original, sex, sexual orientation, gender identity, age, marital status, political affiliation or belief or the presence of any sensory, mental or physical disability in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12110 et. Seq.) or any other status protected by federal, state, or local law. In the event of a violation of this provision, the other party may terminate this agreement immediately. 15. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by 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 County stated herein. 16. 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. 17. Severabilitv. 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. 4 18. Integration. This written document constitutes the entire Agreement between the City and 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. 19. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties at their addresses as follows: TO CITY: Chief of Police City Manager Yakima Police Department City of Yakima 200 South 3rd Street 129 North 2nd Street Yakima, WA 98901 Yakima, WA 98901 TO COUNTY: Detention Manager Juvenile Court Administrator Juvenile Justice Center Juvenile Justice Center 1728 Jerome Ave 1728 Jerome Ave Yakima, WA 98902 Yakima, WA 98902 Altematively, 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. 20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any action conceming this contract shall be brought in the Superior Courts of Yakima County. 21. 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 and the Yakima County Commissioners below shall constitute a presumption that such approval was properly obtained. The signature of the Presiding Juvenile Court Judge shall constitute approval of this Agreement. Pursuant to RCW 39.34.040 regarding methods of filing agreements pursuant to the Interlocal Cooperation Act, a copy of this Agreement shall be filed with the Yakima County Auditor, or, alternatively, listed by subject on the public agency's website or other electronically retrievable public source. CITY OF Y â–ºKIMA BOARD OF COUNTY COMMISSIONERS Sara Watkins, City Attorney Attest:. La Don Linde, Commissioner Amanda McKinney, Commissioner Kyle Curtis, Conti sioner Approved as to Form: erk Deputy Prosecuting Attorney 2©26 -oL4 City Contract Number R-2.620142, CONTRACT AUTHORIZATION Attest: Julie Lawrence, Clerk the Board City Resolution Number Erin Franklin, Deputy Clerk of the Board Ruth Reukauf, Juvenile Court. Presiding Judge Candi Shute, Juvenile Court Administrator Date 6 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.H. For Meeting of: April 7, 2026 ITEM TITLE: Resolution authorizing an interlocal agreement with Yakima County for the provision of jail services and facilities for juvenile detention SUBMITTED BY: *Shawn Boyle, Chief of Police Maritza Davis, Corrections Manager SUMMARY EXPLANATION: Resolution approving the Interlocal Juvenile Detention Agreement between the City of Yakima and Yakima County for the housing and care of juvenile defendants through its Juvenile Detention Facility. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution Approving Interlocal Juvenile Detention Agreement.docx Interlocal Agreement with Yakima County for juvenile detention.pdf Procedure For Municipal Court Juvenile Booking.pdf 322