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Home My WebLink AboutR-1997-005 Agreement / Correction - Detention / City of WapatoRESOLUTION NO. R-97- 05 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 Wapato. WHEREAS, the Yakima Police Department desires to utilize the jail facilities maintained by Wapato 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, Wapato 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, Wapato 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 Wapato 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 Wapato. ADOPTED BY THE CITY COUNCIL this 7th day o _ . ,► , 1997. ATTEST: ^ A Acting (City Clerk rn/ine.rl.e.l retest/Ge/ibp.pa nn Buchanan, Mayor 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 Wapato (hereinafter "Wapato"). I. RECITALS A. It is the desire and intent of Yakima, through its police department, to utilize the detention facilities maintained by Wapato, and to compensate Wapato 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, Wapato desires to make its facilities available for Yakima through the Yakima Police Department, to provide for the care and custody of jail prisoners 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, 1997, unless sooner terminated by either party in accordance with Section 13. Page 1 of 6 (L)aor/Sarnlocal corroerioa.m 2. Incarceration. Wapato shall accept and incarcerate up to twenty- five (2 5) prisoners of Yakima per day. Wapato shall feed, as provided herein, 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. Such 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 shall retain the right to refuse to incarcerate and/or provide any other services to such 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 only upon prior agreement. 3. Compensation. Yakima agrees to pay Wapato each month the sum of thirty-five dollars ($35.00) 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 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 coveralls or civilian clothing and to provide each such prisoner with a booking kit. 5. Booking Procedure. Yakima prisoners shall be booked according to the procedures and policies of Yakima. Prisoners personal property shall be held by Wapato and be transported with each prisoner to the Wapato jail facility. 6. Prisoner Delivery and Notification. Yakima shall be responsible for delivering its prisoners to Wapato jail facilities and for notifying Wapato of all prisoners to be released. 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. Wapato shall provide Yakima with a monthly list of Yakima prisoners housed during the billing month. 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 Page 2 of 6 (1.)apr/interlocal corr.ctloo.p. where incarcerated and redeliver such prisoners to the appropriate facility. 8. Medical Treatment. Yakima shall be responsible for all medical and dental needs of Yakima prisoners, and shall provide transportation for all emergency and non -emergency medical and/or dental treatment of such prisoners. In the event any emergency medical or dental treatment is required for any Yakima prisoner while such prisoner is incarcerated in the Wapato jail facilities, Wapato shall provide transportation to an appropriate health facility if no Yakima transportation is available. All medical expenses, including emergency and non -emergency medical and dental expenses, shall be paid by Yakima. In addition, Yakima agrees to reimburse the City for any costs incurred by Wapato in providing transportation for any Yakima prisoner who requires emergency medical or dental treatment. Wapato shall immediately notify the Yakima Police Department in writing if a Yakima prisoner requires non -emergency medical or dental treatment at a medical or health care facility. Non -emergency medical or dental care will be provided only by or with the consent of Yakima. If neither the inmates nor the Washington State Department of Social and Health Services, nor any other source provides payment, Yakima shall bear the expense of any physician, hospital, convalescent, mental, prescription medicine or medical care expense of Yakima prisoners. Wapato shall bear the expense of any such medical care which is directly caused by misfeasance or malfeasance of Wapato, its officers 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. 9. Liability. 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) arising in any manner from any actions and/or omissions of Wapato, 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 Wapato custody, unless such suit, action, claim, liability, damage, judgment, costs, and expenses are caused solely by the negligence of Yakima. Page 3 of 6 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) 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 Wapato. 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. Page 4 of 6 11s1.Gr/tnt.rlocal cort.ction.ia 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 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 Wapato. 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 to the parties to their addresses as follows: TO YAKIMA: Police Chief 200 South Third Street Yakima, WA 98901 TO WAPATO: Police Chief d06 5. SUE, Wapato, WA 4?9�'t or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified Page 5 of 6 11.)..r/int.rloc.l corr.ctSon. . 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. THIS AGREEMENT is executed by the parties this a?/ day of :rte(APR,, 1997. CITY OF YAKIMA CITY OF WAPATO R. A. Zais, Jr., City Manager Edna Mauch, Mayor ATTEST: )&6.66),A -0--t4. Cit Clerk ?"7 - art COMPACT No: rsesavrtoc pick !Q- 97- S Page 6 of 6 (1.)agt/Snc.rlocal corr.eclon..a ATTEST: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 Y 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 Wapato SUBMITTED BY: Chief Blesio CONTACT PERSON/TELEPHONE: Chief Blesio - 575-6211 0121 Captain Adkins - 575-6294 ft( C;e --- SUMMARY EXPLANATION: The City of Wapato Jail has 25 beds available for lease by the City of Yakima. The cost of incarceration for each Yakima prisoner in the Wapato detention facility will be $35 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 Wapato for detention services at this reduced rate of incarceration. The Yakima Police Department can accommodate transportation of City prisoners to the Wapato detention facility. Resolution X Ordinance Contract Other (Specify) Funding Source C\ 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.1No. R-97-5