HomeMy WebLinkAboutR-1997-004 Agreement / Correction - Detention / City of ToppenishRESOLUTION NO. R-97-04
A RESOLUTION authorizing the City Manager and the City Clerk of the City of
Yakima to execute an Interlocal Correction/Detention Agreement
with the City of Toppenish.
WHEREAS, the Yakima Police Department desires to utilize the jail facilities
maintained by Toppenish 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; and
WHEREAS, Toppenish desires to make its jail facilities available to 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; and
WHEREAS, Chapters 39.34 and 70.48 of the Revised Code of Washington provide
for interlocal agreements for hiring and sharing of correction/detention facilities
between local governments; and
WHEREAS, Toppenish is willing to make its jail facilities available to the
Yakima Police Department to provide for the care and custody of prisoners in
accordance with the terms and conditions of the attached agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to contract with the City of Toppenish for jail services in accordance with the
terms and conditions of the attached agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk of the City of Yakima are hereby
authorized and directed to execute the attached and incorporated Interlocal
Correction/Detention Agreement with the City of Toppenish.
ADOPTED BY THE CITY COUNCIL this 7th da�, January , 1997.
ATTEST: �' �L'ynn Buchanan, Mayor
j6sinkt_6(
Acting J City Clerk
r../lat.rlocal corr.ct/d.c/Tap.p.
INTERLOCAL CORRECTION/DETENTION AGREEMENT
THIS INTERLOCAL CORRECTION/DETENTION AGREEMENT
(hereinafter "Agreement") is made and entered into by and between the
City of Yakima (hereinafter "Yakima"), and the City of Toppenish
(hereinafter "Toppenish") .
I. RECITALS
A. It is the desire and intent of Yakima, through its police department,
to utilize the jail facilities maintained by Toppenish, and to compensate
Toppenish therefor, 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.
B. In accordance with the terms and conditions herein, and where it is
not an undue burden, Toppenish 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.
C 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 interlocal 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 and be
retroactive to January 1, 1997, and terminate on December 31, 1999,
unless sooner terminated by either party in accordance with Section 15.
Page 1 of 6
(1s)agr/interlocal correction.pm
2. Incarceration. Provided that there is available jail/detention
facility space, Toppenish 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, for a period
of up to ninety (90) consecutive days per prisoner. Toppenish 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. A copy of the Toppenish jail rules is attached hereto and incorporated
by this reference.
Prisoners held by Toppenish pursuant to this Agreement may be
accepted by Toppenish jail in its work release program or its day detention
program, and Toppenish shall care for those prisoners in the same manner
as its own prisoners and in a manner consistent with the rules governing
work release and day detention inmates, provided the jail has available
space in such programs. Prisoners must pay $12 per day for participation
in the work release program, and $20 per day for participation in day
detention program, which must be paid in advance to Toppenish by the
prisoner. Yakima shall not be responsible in any way for the costs of
prisoner participation in said programs.
3. Compensation. Yakima agrees to pay Toppenish each month the
sum of thirty dollars ($30.00) per day, or any portion thereof, for each
Yakima prisoner incarcerated in Toppenish jail facilities pursuant to the
terms of this Agreement. Toppenish shall provide Yakima with a monthly
list of Yakima prisoners housed during the billing month.
4. Clothing and Bedding. Toppenish agrees to provide each Yakima
prisoner with necessary or appropriate coveralls or civilian clothing and to
provide each such prisoner with a booking kit.
5. Booking Procedure. Yakima prisoners shall be booked by Yakima
according to the procedures and policies of the Toppenish Police
Department. The personal property of prisoners delivered by Yakima shall
be held and handled by Toppenish in the same manner as its own
prisoners.
6. Prisoner Delivery and Notification. Yakima shall be responsible
for delivering its prisoners to the custody of the Toppenish Police
Department. Toppenish will not accept for custody any prisoner who
appears to be sick or injured until he/she has received proper medical
attention, which shall be the responsibility of Yakima.
Page 2 of 6
«.i..r nt.= oc.i co==.«,on.pm
Yakima shall provide Toppenish with a copy of the court
commitment order when a prisoner is delivered to the Toppenish jail. Said
order shall state the amount of time the prisoner shall serve in jail and
when the prisoner is to be released. Toppenish will not accept for custody
any prisoner from Yakima who is not accompanied by such a commitment
order. The commitment time shall commence when the prisoner is booked
into the Toppenish jail.
7. Court Appearances. Yakima shall be responsible for arranging
court appearances for its prisoners and shall, whenever necessary for court
appearances, arrange to take custody of such prisoners at the facility
where incarcerated and return such prisoners to the Toppenish jail if
appropriate.
8. Bail or Fine. Toppenish shall not accept bail, fines, or other monies
for Yakima. Toppenish shall notify the Yakima Municipal Court Clerk or
the Yakima Police Department of any request to post such monies.
9. Medical Treatment. Toppenish shall provide and furnish minor
medical care, attention, and treatment to prisoners in custody pursuant to
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; provided, however, that Toppenish shall pay for any medical
expenses that are directly caused by the negligence of its officers and/or
agents.
Toppenish shall notify the Yakima Police Department by whatever
communications system available (telephone, radio, etc.) if a Yakima
prisoner requires emergency medical or dental treatment. Toppenish shall
immediately transport the prisoner to an appropriate health care facility
for emergency medical or dental treatment. Yakima shall reimburse
Toppenish for such transportation costs.
Toppenish 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. Yakima shall transport the prisoner to an appropriate
health care facility for non -emergency medical or dental treatment.
Page 3 of 6
«z)aar/rotor oca1 corrst on.pm
"Immediate notification" shall mean notification as soon as reasonably
possible.
10. Liability.
a. Toppenish 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) arising in any
manner from any actions and/or omissions of Toppenish, its elected
officials, officers, employees, and agents in relation to this Agreement,
including but not limited to mistreatment, injury, or death to any prisoner,
or loss or damage to prisoner property while in Toppenish custody, unless
such suit, action, claim, liability, damage, judgment, costs, and expenses are
caused solely by the negligence of Yakima.
b. Yakima agrees to hold harmless, indemnify, and defend
Toppenish, 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) arising in any
manner from any actions and/or omissions of Yakima, its elected officials,
officers, employees, and agents in relation to this Agreement, including but
not limited to a claim of false arrest or detention unless such suit, action,
claim, liability, damage, judgment, costs, and expenses are caused solely by
the negligence of Toppenish.
11. No Insurance. It is understood Yakima does not maintain liability
insurance for Toppenish and/or its employees.
12. 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.
13. Trustee Status. Any Yakima prisoner held in custody by
Toppenish and selected to be a trustee shall be subject to the Yakima
guidelines established for trustees and shall not receive credit against
his/her sentence for time served as a trustee.
14. Implementation. The chief officer of the Yakima Police
Department and of the Toppenish Police Department shall be jointly
responsible for implementation and proper administration of this
Page 4 of 6
«,,.s=, nL.= oc. cor=.crion.P.
Agreement, and shall refer problems of implementation to the governing
body of Yakima and Toppenish for resolution as necessary.
15. Termination. Either party may terminate this Agreement, with or
without cause, by providing the other party with thirty (30) days written
notice of termination.
16. Nondiscrimination Provision. During the performance of this
Agreement, Yakima and Toppenish 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
Toppenish 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 Toppenish 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 any one or more
instances, shall not be construed as a waiver or relinquishment of any such
agreement, covenant, condition or right.
20. Integration. This written document constitutes the entire
agreement between the Yakima and Toppenish. 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.
Page 5 of 6
as)agr/incorlocal correccion.pm
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 YAKIMA:
Police Chief
200 South Third Street
Yakima, WA 98901
TO TOPPENISH: Police Chief
J _&
rrws.7 At/C-
Toppenish, WA
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. 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.
THJS AGREEMENT is executed by the parties this 7 day of
, 1997.
CITY OF YAKIMA CITY OF TOPPENISH
R. A. Zais, Jr., City Manager
ATTEST:
City Clerk
cmrcoNr*crMa 97- 7
mamma R.97- 5!
Page 6 of 6
(Is) .pr/inc.rloc.l corr.ction.ya
t 3f[9.7
ATTEST:
City Clerk
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. P-J A-
For Meeting of January 7. 1997
ITEM TITLE: Consideration of a Resolution Authorizing the Interlocal
Correction/Detention Agreement Between the City of Yakima
and the City of Toppenish
SUBMITTED BY: Chief Blesio
CONTACT PERSON/TELEPHONE: Chief Blesio - 575-6211 ..D
Captain Adkins - 575-6294 71/
SUMMARY EXPLANATION:
The City of Toppenish Jail has three beds available for lease by the City of Yakima. The
cost of incarceration for each Yakima prisoner in the Toppenish detention facility will be
$30 per day, including meals. Yakima County is currently negotiating a fee of
approximately $47 per day.
The City will benefit economically by contracting with the City of Toppenish for detention
services at this reduced rate of incarceration. The Yakima Police Department can
accommodate transportation of City prisoners to the Toppenish detention facility.
Resolution X Ordinance Contract Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: It is recommended the Council adopt the resolution
authorizing execution of this agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. Resolution No. R-97-4