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HomeMy WebLinkAboutR-2008-179 Wapato Interlocal Jail AgreementRESOLUTION NO. R-2008-179 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Interlocal Jail Agreement with the City of Wapato, Washington for the provision of jail services. WHEREAS, the Yakima Police Department requires additional space to house prisoners held on Yakima Municipal Court charges; and WHEREAS, the City of Wapato is willing to provide jail services for Yakima prisoners in accordance with the terms and conditions of the attached Interlocal Jail Agreement; and WHEREAS, the City of Wapato and the City of Yakima have had prior agreements for such purpose with the most recent expiring on December 31, 2008; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City of Yakima to enter into the attached Interlocal Jail Agreement with the City of Wapato for the provision of jail services, 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 City of Wapato — City of Yakima" for the provision of jail services. ADOPTED BY THE CITY COUNCIL this 9th day of December, 2008. ATTEST: 45,Aril c Oz7zs�.. City Clerk David Edler, Mayor /-240 171 INTERLOCAL CORRECTION/DETENTION AGREEMENT This Correction/Detention Agreement (hereinafter "Agreement") is made and entered into by and between the City of Yakima (hereinafter "Yakima"), and the City of Wapato (hereinafter "Wapato"). I. RECITALS WHEREAS, it is the desire and intent of Yakima, through its police department, to utilize the detention facilities maintained by Wapato, and to compensate Wapato therefore, 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 portions 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 inter -local 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, 2009, and automatically renew on December 31 of each year thereafter for one-year terms, unless terminated by either party in accordance with Section 13 of this Agreement. 2. Incarceration. Provided that there is available jail/detention facility space beyond the guaranteed beds discussed in section 3 of this agreement, Wapato shall accept and incarcerate 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 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. RESOLUTION NO. 2009-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WAPATO, WASHINGTON APPROVING 2009 CORRECTION/DETENTION AGREEMENT WITH THE CITY OF YAKIMA. WHEREAS, the city of Yakima has need for usage of the jail facilities maintained by the City; and WHEREAS, the agreement with the cities will be fulfilled in accordance to the signed agreement between the City of Wapato and the individual contracting city, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF WAPATO, WASHINGTON, AS FOLLOWS: 1. The City Council authorizes the interlocal agreement between the city of Yakima and the City of Wapato to be signed by the Mayor. 2. That this resolution shall be in full force and effect upon passage and signature. ADOPTED BY THE CITY COUNCIL this day of ATTEST: Aaicn,"&- bA42/411_, Gloria Acosta, Deputy Clerk -Treasurer APPROVED AS TO FORM: , 2009. Jesse Farias, Mayor Resolution 2009-01 Page 1 of 2 1/6/2009 Sara Watkins City Attorney 1st Touch Date: 2nd Touch Date: Resolution 2009-01 Page 2 of 2 1/6/2009 3. Compensation. Yakima agrees to pay Wapato eighteen thousand dollars ($20,531.00) each month for the guaranteed availability of 15 beds in the Wapato City Jail, of which a minimum of 10 beds per day will be guaranteed available for Yakima female prisoners. In the event that Wapato cannot provide 15 beds, (ten of those beds being for females) Yakima will only be obligated to pay for the beds actually used during the month in which the bed shortfall occurred, at the rate of forty dollars ($40.00) per bed. Any credit incurred during the month shall be deducted from future payment. Any beds occupied by a Yakima prisoner in addition to the fifteen beds are occupied, will cost forty-five dollars ($45.00) 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 on the first of every month for the rental of 15 beds that month. Payment for any additional beds during each month shall be paid with the following month's payment. 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 clothing and bedding 5. Booking Procedure. Yakima prisoners shall be booked according to the procedures and policies of Wapato. Prisoners' personal property shall be held by Wapato and be transported with each prisoner to the Wapato jail facility. 6. Prisoner Delivery and Notification. Wapato shall be responsible for pickup of Yakima prisoners sentenced over 30 days and transport them to Wapato jail facilities. No person who appears to be sick or injured shall be accepted for incarceration in Wapato jail facilities until he has received proper medical attention. In the event an inmate arrives in Wapato appearing to be sick or injured, Yakima shall reimburse Wapato for the proper medical attention necessary before the inmate is allowed to be housed in the jail. Wapato shall provide Yakima with a monthly list of Yakima prisoners housed during the billing month. 7. Court Appearances. Yakima shall notify Wapato of post arraignment court appearances for the City of Yakima prisoners housed in the Wapato City Jail a minimum of (24) twenty-four hours prior to each appearance. Wapato shall be responsible for transporting prisoners to and from arraignments and scheduled post arraignment court appearances held at the City of Yakima Municipal Court. 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 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 to the extent such treatment was authorized 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 communication 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. Wapato 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 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 origin, 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. 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 anyone or more instances,.shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 20. Integration and Superseding. 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 to the parties to their addresses as follows: TO CITY: POLICE CHIEF YAKIMA POLICE DEPARTMENT 6000 MAIN STREET YAKIMA, WA 98499 TO WAPATO: POLICE CHIEF WAPTO POLICE DEPARTMENT 205 SOUTH SIMCOE AVE 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. 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. 24. Resolution. The City Council of each party shall adopt a resolution authorizing execution of this agreement. 25. 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 WAPATO Dick Zais, City Manager ATTEST ATTEST Jesse Farias, Mayor City Clerk City Contract No. v�aad — /.3 e. Resolution No. R-24 '-/?'7 City Clerk • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT For Meeting of ITEM TITLE: Consideration of a Resolution in executing an Interlocal Between the City of Yakima and the City of Wapato. SUBMITTED BY: Sam Granato, Chief of Police CONTACT PERSON/TELEPHONE: Chief Granato - 575-6211 Lt. Gary Belles -576-6547 Cynthia Martinez -575-6033 SUMMARY EXPLANATION: Item No." December 2, 2008 Jail Agreement Attached is a resolution authorizing the execution of an Interlocal Jail Agreement between the City of Yakima and the City of Wapato, as the current agreement expires December 31, 2008. This proposal will allow the City of Yakima to continue to house male and female misdemeanant offenders in the Wapato City Jail and will assure (15) fifteen inmate beds per day, including (10) ten beds for female inmates at a rate of $20,531.00 per month. The proposal . 0' willalso allow for the housing of prisoners in excess. of the (15) fifteen beds that are guaranteed, on a space available basis at a rate of $45.00 per additional bed. Under the terms of the agreement, Wapato will provide transportation to court appearances and medical treatment. All other terms of the prior interlocal jail agreement will remain unchanged. Resolution Ordinance Other (Specify) Contract X Mail to (name and address): Funding Source APPROVED FOR SUBMITTAL: • City Manager STAFF RECOMMENDATION: It is recommended the Council adopt the contract authorizing the execution of this agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: (1k) agenda police dad Qwest U .pm