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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