HomeMy WebLinkAboutR-2012-021 Interlocal Jail Agreement with the City of Selah RESOLUTION NO. R- 2012 -21
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute an Interlocal Jail Agreement with the City of Selah to
allow the City of Yakima to house prisoners of the City of Selah at
the Yakima City Jail
WHEREAS, Chapter 39.34 of the Revised Code of Washington, entitled "Interlocal
Cooperation Act," permits local governmental units to make the most efficient use of their
powers by enabling them to cooperate with other municipalities on the basis of mutual
advantage; and
WHEREAS, Chapter 70.48 allows cities to enter into Interlocal contracts for jail
services and specify the responsibilities of each governing unit involved; and
WHEREAS, the City of Selah requires jail space for housing a certain number of
its prisoners; and
, WHEREAS, the City of Yakima has the capacity and ability to house a certain
number of Selah prisoners for a fee; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima and of the City of Selah to enter into the proposed Interlocal Jail Agreement
authorizing the City of Yakima to house City of Selah prisoners in exchange for payment
of a fee, 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 between the City of
Yakima and the City of Selah authorizing the City of Yakima to house Selah prisoners in
the Yakima City Jail in exchange for payment of a fee.
ADOPTED BY THE CITY COUNCIL this 7th day of February, 2012.
May r
ATTEST: _ ,___.•���
t p M q \ ',1
City Clerk 4 i (SEAL)
ING�
INTERLOCAL JAIL 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
Selah (hereinafter "Selah ").
WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize Selah and Yakima
to enter into a contract for jail services that specifies the responsibilities of each party.
WHEREAS, Selah, through its Police Department, City Council, or Mayor desires
to utilize the jail facilities maintained by Yakima for the detention of some Selah
prisoners, and to reasonably compensate Yakima for the care and custody of said
prisoners.
WHEREAS, Yakima, through its Police Department, City Council, or City
Manager, desires to make its jail facilities available to Selah for the detention of some
Selah 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 Yakima,
through its Police Department, City Council, or City Manager, and Selah, through its
Police Department, City Council, or Mayor shall cooperate for the care and custody of
male 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 City of Yakima.
2. Incarceration. Yakima shall accept and incarcerate male prisoners of
Selah, 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 ample available space in its jail.
3. Computation of Fees. The Yakima Police Chief or the City Manager and
Selah Police Chief or the Mayor of Selah, or their designees, shall meet on the last
Friday in July 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
4. Charges and Other Services.
4.1 Daily Rate for Incarceration. Selah shall pay Yakima a daily rate for each
day or partial day for each prisoner that is incarcerated in the Yakima Jail; provided,
however, that Selah will not be obligated to pay Yakima for the last day of incarceration
unless the first and last days are the same. The daily rate for the duration of this
Agreement will be per day, per inmate, according to attachment A.
4.2 Fractionalized Fees. In the event a prisoner is held in custody by Yakima
pursuant to this Agreement, and that prisoner is also held in custody at the same time
by Yakima on the basis of State and /or local agency criminal charges, the daily
incarceration rate, and all other fees (medical treatment 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 Selah charges. For example: if a prisoner is
held by Yakima pursuant to Selah, Yakima, and a third agency's charges, 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.
5. Prisoner Delivery and Notification.
5.1 Selah shall deliver male prisoners to Yakima City Jail. At the time of
delivery, Selah shall provide a court commitment order to Yakima. Said order shall
specify the release date of the prisoner. Except as set forth herein, Yakima shall accept
any such prisoner; provided, however, that Yakima may not accept any prisoner who
appears to be sick, suicidal 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 Yakima holds a prisoner beyond the release date, Selah shall not be
obligated to pay Yakima any compensation for such additional time.
Yakima expressly reserves the right to refuse to accept the transfer of any
prisoner of Selah that it deems to be a risk to prisoner or staff safety, or if Yakima Jail
staff is not qualified to treat and care for the physical or mental condition of the prisoner.
In the event Yakima refuses to accept the transfer of a prisoner based on that prisoner's
conduct or physical or mental condition said prisoner shall be transferred to the Yakima
County Jail and the custody of the Yakima County Department of Corrections. Upon
the transfer of such prisoner to the Yakima County Department of Corrections, the City
of Selah shall coordinate with Yakima County for incarceration of said prisoner and the
City of Yakima shall be relieved of any further obligations as to that prisoner or to the
City of Selah related to that prisoner.
6. Booking Procedure. Prisoners will be booked by City of Yakima Jail
personnel according to the procedures and policies of the City of Yakima Jail by
completing for each such prisoner an appropriate booking sheet. Prisoners' personal
property will be held by Yakima 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, City of
Yakima Jail personnel shall obtain general information concerning the inmate's ability to
pay for medical care, including insurance or other medical benefits or resources to
Interlocal Jail Agreement 2
which an inmate is entitled. This information shall be provided to Selah upon request
within forty -eight (48) hours of receipt of the request by Yakima. Requests shall only be
made between 8:00 a.m. and 5:00 p.m. on weekdays. Requests shall not be made on
City of Yakima holidays.
7. Court Appearance. Under all circumstances, Selah shall be responsible
for arranging and delivering Selah prisoners held by Yakima pursuant to this Agreement
for Court appearances and then redelivering the prisoner to the appropriate detention
facility if necessary.
8. Bail. Yakima shall deliver all bail to the appropriate court in a manner that
is agreeable to the receiving court.
9. Hold Harmless.
a. Yakima agrees to hold harmless, indemnify, and defend Selah, 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 Yakima
custody) 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 Yakima's services, duties and obligations under this
Agreement.
b. Selah 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 a claim of false arrest or detention or
excessive force) which result from or arise out of the sole negligence of Selah, its
elected officials, officers, employees, and agents in connection with or incidental to the
performance or non - performance of Selah's services, duties and obligations under this
Agreement.
c. In the event that the officials, officers, agents, and /or employees of both
Yakima and Selah 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.
Yakima shall provide and furnish for prisoners confined in its facility the minor
medical care, attention and treatment which is administered within the facility. Yakima
shall, prior to transporting a Selah prisoner, notify the on duty Selah patrol supervisor. If
Interlocal Jail Agreement 3
a Selah prisoner requires medical or dental treatment at an outside medical or health
care facility: said notification to be effected as follows; by notifying Selah Police Acting
Chief Richard Hayes at rhayes( ci.selah.wa.us , or such alternate e-mail addresses as
Selah shall provide in writing. If neither the inmate nor the Washington State
Department of Social and Health Services, nor other source provides payment, Selah
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 an Selah Ordinance, or (2) for
other charges initiated by Selah until the charges are disposed of by sentencing or
otherwise; provided, that Yakima shall bear such expenses if it fails to notify Selah
pursuant to the requirement of this section. Yakima shall bear the expense of any such
medical care which it directly caused by misfeasance or malfeasance of Yakima, 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 Yakima pursuant to this Agreement,
and that prisoner is also detained by Yakima 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 Yakima pursuant to Selah, City of Yakima, 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.
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 City of Yakima Chief of Police and the City of Selah
Chief of Police, or their designees, shall be jointly responsible for implementation and
proper administration of this Agreement and will refer problems of implementation to the
governing bodies of the City of Yakima and the City Selah 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 4.3.1(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
the date of signing through midnight December 31, 2012, unless otherwise terminated
in accordance with Section 13 of this Agreement.
Interlocal Jail Agreement 4
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. During the performance of this Agreement, neither
party shall discriminate in violation of any applicable federal, state and /or local law or
regulation on the basis of race, color, sex, religion, national origin, creed, age, marital
status, disability, honorably discharged veteran or military status, pregnancy, sexual
orientation, political affiliation, or the presence of any sensory, mental or physical
handicap, and any other classification protected under federal, state, or local law. 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, selection for training, and the provision of services under this
Agreement.
17. Assignment. This Agreement, or any interest herein, or claim hereunder,
shall not be assigned or transferred in whole or in part by Yakima to any other person or
entity without the prior written consent of Selah. 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 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 Selah and Yakima. 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 YAKIMA: Greg Copeland, Interim Police Chief
Yakima Police Department
200 South Third Street
Yakima, WA 98901
TO SELAH: Richard Hayes, Acting Police Chief
Selah Police Department
617 S. 1 Street
Selah, WA 98942
Interlocal Jail Agreement 5
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. 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 Selah Mayor and the Yakima City Manager 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.
CITY OF YAKIMA CITY OF SELAH
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Michael Morales, Interim City Manager John k ayor
Date: Z - d' Z°/Z. Date: ' 4 YULOOrlA ) L i I / D-
V. `h, ATTEST:
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) 7,179 - - ■ r ',' loster, CMC, City Clerk i City` erk
1 TON
i y Contract No. ai2i. lb City Contract No.
Resolution No. RX)i - 91 Resolution No. <9,9) 2
Interlocal Jail Agreement 6
ATTACHMENT A
2012 Yakima/Selah Interlocal Jail Agreement
Interlocal Jail Agreement Rates 2012
Booking Fee None
Last Day None
Daily Housing $50.00
Billing Detail
Fractionalized Billing per current practice.
No booking Fee
No last day charge unless first and last days are the same (incarceration only)
RESOLUTION NO. c a-9l
RESOLUTION AUTHORIZING THE MAYOR TO SIGN THE
INTERLOCAL JAIL AGREEMENT BETWEEN THE CITY OF
SELAH AND THE CITY OF YAKIMA
WHEREAS, the City of Selah desires to enter into a contract for Jail services with the
City of Yakima for 2012; and
WHEREAS, RCW 39.34 and 70.48 specifically provides that local governments can
enter into correction/detention services;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SELAH, WASHINGTON that the Mayor be authorized to sign the above - mentioned
interlocal agreement, a copy of which is attached hereto.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SELAH,
WASHINGTON this 14 day of February, 2012.
John +ayor
ATTEST:
tzati
Dale E. Novobiels I lerk/Treasurer
APPROVED AS TO FORM:
:J.
- 1 - e - ; - City Attorney
RESOLUTION NO.d /
1 14
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT � f
Item No 1 1 / {`�
For Meeting of February 7, 2012
ITEM TITLE: Resolution for an agreement with the City of Selah for Prisoner Housing
SUBMITTED BY: Interim Police Chief Greg Copeland
CONTACT Capt. Jeff Schneider, 575 -6151
PERSON /TELEPHONE:
SUMMARY EXPLANATION:
The City of Yakima will agree to house City of Selah prisoners in the Yakima City Jail, on a space available
basis, in exchange for a prisoner housing fee.
Resolution X Ordinance Other (specify)
Contract: Mail to:
Contract Term: Amount: Expiration Date:
Insurance Required? No
Funding Phone:
Source:
APPROVED FOR
SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Staff recommends approval of the resolution.
BOARD /COMMISSION RECOMMENDATION:
•
ATTACHMENTS: / ' / aa t o pt,ed � /� _a/
Click to download
❑ 2012 Selah Jail Resolution
❑ Jail contract Selah
❑ 2012 Jail Contract Attachment- Selah