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Home My WebLink AboutR-1997-031 Police / Interlocal mutual aid agreement with local law enforcement agenciesRESOLUTION NO. R-97- 31 A RESOLUTION authorizing the Police Chief of the City of Yakima Police Department to execute an Interlocal Mutual -Aid Agreement with the Cities of Grandview, Moxee, Selah, Sunnyside, Tieton, Toppenish, Union Gap, and Wapato, and Yakima County. WHEREAS, it is the desire and intent of the Cities of Grandview, Selah, Sunnyside, Toppenish, Union Gap, Wapato, and Yakima, and Yakima County, to permit the law enforcement departments of each entity to utilize the holding facilities, to the extent such facilities exist and are available, of the other entities' respective law enforcement departments, for the purpose of temporary detention of prisoners in accordance with the terms of the attached agreement; and WHEREAS, such an interlocal mutual -aid agreement is authorized by the Washington Mutual Aid Peace Officer Powers Act (Chapter 10.93 RCW) and the Interlocal Cooperation Act (Chapter 39.34 RCW); and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into an interlocal mutual -aid agreement with the above Cities and Yakima County for the purpose of temporary detention of prisoners 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 Police Chief of the City of Yakima Police Department is hereby authorized and directed to execute the attached and incorporated Interlocal Mutual -Aid Agreement with the Cities of Grandview, Moxee, Selah, Sunnyside, Tieton, Toppenish, Union Gap, and Wapato, and Yakima County for the purpose of of temporary detention of prisoners. ADOPTED BY THE CITY COUNCIL this 18th day of ATTEST: City Clerk uklra'1nc.rloca: mutual 4E agree/pm February , 1997. INTERLOCAL MUTUAL -AID AGREEMENT THIS INTERLOCAL MUTUAL -AID AGREEMENT (hereinafter "Agreement") is made and entered into by and between the Cities of Grandview, Moxee, Selah, Sunnyside, Tieton, Toppenish, Union Gap, Wapato, and Yakima, and Yakima County (hereinafter collectively referred to as the "Agencies"). WHEREAS, it is the desire and intent of the Agencies, to permit the law enforcement departments of each Agency to utilize the holding facilities, to the extent such facilities exist and are available, of the other Agencies' respective law enforcement departments, for the purpose of temporary detention of prisoners pursuant to the terms of this Agreement. WHEREAS, this Agreement is entered into by and between the Agencies pursuant to the Washington Mutual Aid Peace Officer Powers Act (Chapter 10.93 RCW) and the Interlocal Cooperation Act (Chapter 39.34 RCW). NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises herein, the Agencies mutually agree as follows: 1. Scope and Services. The Agencies shall mutually cooperate among each other to provide temporary holding and transportation of prisoners, without costs, for a period of twenty-four (24) hours from the time a prisoner is arrested. If the arresting Agency does not have a detention facility or space is not available, then the arresting Agency shall immediately transport the prisoner to the nearest Agency that has available detention facility space. The arresting Agency shall contact the affected Agency as soon as reasonably possible following an arrest on an outside warrant, and notify the Agency of the location where the prisoner is being temporarily held. The issuing Agency shall make arrangements to have the prisoner transported as soon as possible within the twenty-four (24) hour holding period. The holding Agency and the issuing Agency shall attempt to meet at a designated point that is approximately half way between the two Agencies in order to exchange the prisoner. If circumstances do not allow either Agency to transport the prisoner within the twenty-four (24) hour Page 1 of 4 (1k)agr/interlocal mutual aid agrae/pm holding period, the holding Agency may grant a holding period extension upon a request from the issuing Agency. The decision whether to grant an extension request shall depend upon the available space and staffing levels of the holding Agency. 2. Term. This Agreement shall become effective upon execution by all Agencies and shall remain in full force and effect indefinitely unless sooner terminated by any Agency in accordance with Section 3. 3. Termination. Any Agency may terminate this Agreement, with or without cause, by providing the other Agencies with thirty (30) days written notice of termination. In the event that any Agency terminates this Agreement, the Agreement shall continue and remain in effect between those Agencies that have not exercised said termination right. 4. Hold Harmless and Indemnification. It is understood and agreed that this Agreement is solely for the benefit of the participating Agencies and gives no right or benefit to any other party. No joint venture or partnership is formed as a result of this Agreement. Each Agency agrees to be responsible and assumes liability for its own wrongful or negligent acts or omissions, or those of its elected officials, officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnify, defend, and hold harmless the other Agencies from such liability. In the case of negligence of multiple Agencies, any damages allowed shall be levied in proportion to the percentage of the negligence attributable to each Agency, and each Agency shall have the right to seek contribution from the other Agency(ies) in proportion to the percentage of negligence attributable to the other Agency(ies). 5. Participating Agencies. A list of Agencies participating in this Agreement is attached hereto as "Attachment I." This Agreement and the list may be modified from time to time to add or delete Agencies. Each participating Agency shall maintain a copy of this Agreement and a current list of authorized Agencies on file. 6. 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. 7. Integration. This written document constitutes the entire agreement between the Agencies. There are no other oral or written Agreements between the Agencies as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon the Page 2 of 4 (lk)agr/interlocal mutual aid agree/pm Agencies unless such change or addition be in writing and executed by all participating Agencies. 8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 9. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. IN WITNESS WHEREOF, the Agencies listed below have executed this Agreement as of the date written below. CITY OF YAKIMA CITY OF SUNNYSIDE By: a>Kvy Yakima Police Chief DATE: V9'7 CITY CONTRACT N� 97-11 MMS00511o1 NO: R-97 - 31 CITY OF GcRANDVIEW By: By: unnyside Police Chief 11��`` DATE: 2 '� c CITY OF SELAH Bv. Grandview Police Chief Selah Police Chief DATE: ,2:2g-97 DATE: ‹.92-7;:c>9 - ql CITY OF TOPPENISH CITY OF WAPATO By: ,.T9ppenish Police Chief DATE: Page 3 of 4 (1K)agr/interlocal mutual aid agree/pm By: Wapato Police Chief DATE: 3-3 CITY 0 " MOXEE Bv. CITY OF TIETON By: oxee Police Chief Tieton Police Chief DATE: _54-57 CITY OF UNION GAP By: �t�.L Il+��23 Union Gap Police Chief DATE: (75.76(7 YAKIMA COUNTY By: Yaki County Sheriff DATE: -��9 Page 4 of 4 (1r)agr/interlocal mutual aid agree/Pm DATE: _ —9 2 ATTACHMENT 1 MUTUAL -AID AGREEMENT PROVIDING HOLDING FACILITY SERVICES Grandview Police Department Chief David R. Charvet 107 West Second Street Grandview, WA 98930 Moxee Police Department Chief Mike Kisner P.O Box 249 Moxee, WA 98936 Selah Police Department Chief Steve Robertson 113 South Second Street Selah, WA 98942 Sunnyside Police Department Chief Wallace B. Anderson Law and Justice Center 401 Homer Street Sunnyside, WA 98944 1354 Tieton Police Department Chief Tom Wiese P O. Box 357 Tieton, WA 98947 Participating Agencies Listing Toppenish Police Department Chief James Andrews One West First Avenue Toppenish, WA 98948 Union Gap Police Department Chief William Silvers 1800 Rainier Place Union Gap, WA 98903 Wapato Police Department Acting Chief Mike Everts 205 South Simcoe Avenue Wapato, WA 98951 Yakima Police Department Chief Don Blesio 200 South 3rd Street Yakima, WA 98901 Yakima County Sheriffs Office Sherifr Doug Blair P.O. Box 1388 Yakima, WA 98907 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: February 18. 1997 ITEM TITLE: Consideration of a Resolution Authorizing the Execution of an Interlocal Mutual -Aid Agreement with Local Law Enforcement Agencies for the Temporary Detention of Prisoners SUBMITTED BY: Chief Don Ble io CONTACT PERSON/TELEPHONE: Chief Don Blesio - 575-6211 SUMMARY EXPLANATION: Often local law enforcement agencies have the occasion to arrest and/or detain individuals who have committed a crime in another jurisdiction. These individuals need to be detained for a temporary period in the arresting agency's facility until the proper agency can respond. The attached mutual -aid agreement has been developed which will allow local agencies to temporarily hold or detain individuals without cost to either agency. Local law enforcement agencies who have assisted in the development of this agreement and are participating include Grandview, Moxee, Selah, Sunnyside, Tieton, Toppenish, Union Gap, Wapato, Yakima and Yakima County. This agreement will facilitate this service and reduce the financial impact to all agencies outlined in the agreement. 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-97-31