HomeMy WebLinkAboutR-1996-024 Detention agreementA RESOLUTION
RESOLUTION NO. R - 96 - 2 4
authorizing, ratifying, and directing the City Manager and City Clerk
of the City of Yakima to execute a correction/detention agreement
with Yakima County.
WHEREAS, both the City of Yakima and Yakima County are required by law to
provide for the care and custody of prisoners detained by their respective law
enforcement agencies and the courts, and
WHEREAS, both parties desire to execute the agreement document attached
hereto in order to provide for detention and care of city prisoners in the county
correction/detention facility; and the City Council deems it to be in the best interests of
the city that the attached agreement document be ratified and executed for that purpose,
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are hereby authorized and
directed to execute an agreement with Yakima County for the purpose mentioned
above, a copy of which agreement, entitled "Interlocal Detention/Correction
Agreement," is attached hereto and by reference made a part hereof. Said agreement is
hereby ratified by the City Council.
ADOPTED BY THE CITY COUNCIL this ' C:4- day of February, 1996.
ATTEST
G.l._ 3 cw\.c__
City Clerk
INTERLOCAL
CORRECTION/DETENTION AGREEMENT
THIS INTERLOCAL AGREEMENT IS ENTERED INTO BY AND BETWEEN Yakima County
(hereinafter referred to as County) and the city of Yakima, (hereinafter referred to as City) pursuant to
RCW Chapter 39.34 and RCW 70.48.080.
Witnesseth:
IN CONSIDERATION of the mutual 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, shall cooperate for the care and custody of male
and female jail prisoners pursuant to the authority of Chapters 39.34 and 70.48 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 city ordinance violation be detained in the County jail facility.
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 Police Chief shall meet annually by August
15th 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.
4. Payment
4.1 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 city ordinance. The daily rate
for the duration of this agreement will be $40.00 per day per inmate.
4.2 After the end of each calendar year, the daily rate shall be recalculated based upon actual
fixed and variable costs and the actual number of prisoner days for the previous calendar year. If the
recalculation results in an increase or decrease in the daily rate, the City of the County shall make the
appropriate reimbursement to the other or the parties may agree to a change in the then current daily rate.
5. Prisoner Delivery and Notification
The City shall be responsible for delivering its prisoners to the jail and for notifying the County of
all prisoners to be released. No person who appears to be sick or injured will be accepted for booking until
he/she has received proper medial attention. The County shall provide the City with a monthly list of city
prisoners housed during the billing month.
Interlocal Jail Agreement 1 1/19/96
Yakima County/City of Yakima
6. Booking Procedure
Prisoners will be booked according to the procedures and polices of the Depai luient 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.
7. Court Appearance and City Trusty
7.1 The City shall be responsible for arranging court appearances for its prisoners and will,
whenever necessary in the case of emergencies where the Department of Corrections services are
unavailable, arrange to take custody of such prisoners at the facility where incarcerated and redeliver such
prisoners to the appropriate facility.
7.2 The County shall make a "good faith" effort to have a jail trusty available daily for city use.
The City shall provide transportation for the trusty to and from the jail.
8. Bail
The County shall deliver all bail to the appropriate court in a manner which is agreeable to the
receiving court.
9. County and City Liability
Each party shall indemnify and hold harmless the other, its officers, agents, and employees, for
all liability, loss or damage, including costs of defense they may suffer as a result of claims, demands,
actions, damages, costs or judgments which result from each party's own negligent acts.
10. Medical Treatment
The County shall provide and furnish for prisoners confmed in its facility the minor medical care,
attention and treatment which is administered within the facility. The County shall immediately notify the
Office of the Chief of Police in writing if a City prisoner requires medical or dental treatment at a medical
or health care facility. If neither the inmate nor the Washington State Department of Social and Health
Services, nor other source provides payment, 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) confmed (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 fails 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 officer or agents. "Immediate notification" shall mean
notification as soon as reasonably possible with the understanding that such notification may not be
reasonably possible prior to emergency care.
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 Department of Corrections and the Chief of Police 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.
Interlocal Jail Agreement 2 1/19/96
Yakima County/City of Yakima
13. Modification
Modification of this agreement may be accomplished only by written agreement between the
parties and no oral understanding or agreements shall alter the terms of the agreement.
14. 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 ground for said termination and specify plans for accommodating the effected prisoners.
15. Duration
The duration of this agreement shall be from the date of execution by all parties until December
31, 1996, unless otherwise terminated.
16. Property
It is not anticipated that any real or personal property will be acquired or purchase by the parties
solely because of this agreement.
17. 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 49.60) or
the American with Disabilities Act (42 U.S.C. 12110 et seq.). In the event of the violation of this
provision, the other party may terminate this agreement immediately.
Interlocal Jail Agreement 3 1/19/96
Yakima County/City of Yakima
CITY OF YAKIMA
Mayor/ City Manager
Attest:
City Clerk
Approved as to form:
RONALD S. ZI'
Deputy Prosecuti, g A • orney
Interlocal Jail Agreement
Yakima County/City of Yakima
BOARD OF YAKIMA COUNT,,
ISSIONERS
JAMES M. LE /ha'
HAM, Memb
4
WILLIAM H. FLOWER, Member
Attest:
SYLVIA E. HINOJOS
CLERK S THE BO
1/19/96
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. C90
For Meeting of 2-20-96
ITEM TITLE: Consideration of a Resolution Renewing the Interlocal
Correction/Detention Agreement between the City of Yakima and the
Yakima Couy Department of Corrections
SUBMITTED BY: Don BlesicY, Chief of Police
CONTACT PERSON/TELEPHONE: Chief Blesio/575-6211
SUMMARY EXPLANATION:
The existing agreement, due to expire December 31, 1996, between the Yakima County
Department of Corrections and the City of Yakima contained the following rate schedule:
Amount: $36.50 per day Period: January through June 1995; and
$40.00 per day Period : July through December, 1995; and
$42.73 per day Period: January through June, 1996; and
$45.00 per day Period: July through December, 1996.
On January 29, 1996, the City received three originals of an amended agreement, which
in effect, lowered the daily rate from $42.73 for the time period of January through June
1996 to $40 per day. The adjusted rate would take effect beginning with the date the
agreement is signed by all parties and continue to December 31, 1996.
Upon clarification with Ken Ray, Director, County Department of Corrections, he advised
the reduced rate was the result of a re -calculation of daily inmate costs for cities the
County serves, including the City of Yakima.
Therefore, staff is submitting the revised jail agreement which essentially lowers the daily
rate from $42.73 currently being charged to $40 per day through December 31, 1996.
Resolution X Ordinance Contract Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve Resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. Resolution No. R-96-24