HomeMy WebLinkAboutR-1997-148 Interlocal Corrections / Detention AgreementRESOLUTION NO. R-97- 148
A RESOLUTION authorizing and directing the City Manager and the City
Clerk of the City of Yakima to execute a Yakima Interlocal
Corrections/Detention Agreement with Yakima County for
the purpose of providing jail services during 1997.
WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize the City and
the County to enter into contract for jail services that specifies the
responsibilities of each party; and
WHEREAS, the City through its Police Department, desires to continue to
utilize the jail facilities maintained by the County for the detention of some City
prisoners, and to reasonably compensate the County for the care and custody
of said prisoners; and
WHEREAS, the County, through its Department of Corrections, desires
to continue to make its jail facilities available to the City for the detention of
some City Prisoners; 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
Corrections/Detention Agreement with Yakima County for the purpose of
obtaining collection services during 1997.
ADOPTED BY THE CITY COUNCIL this 18th day of November , 1997.
ATTEST:
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INTERLOCAL
CORRECTIONS / DETENTION AGREEMENT
THIS INTERLOCAL CORRECTIONS/DETENTION AGREEMENT (hereinafter "Agreement") is made and
entered into by and between Yakima County (hereinafter the "County") and the city of Yakima, (hereinafter
the "City")
WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize the City and the County to enter into
contract for jail services that specifies the responsibilities of each party.
WHEREAS, the City through its Police Department, desires to continue to utilize the jail facilities
maintained by the County for the detention of some City prisoners, and to reasonably compensate the County
for the care and custody of said prisoners.
WHEREAS, the County, through its Department of Corrections, desires to continue to make its jail
facilities available to the City for the detention of some City prisoners.
NOW THEREFORE, in consideration of the mutual covenants, conditions, and 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 Depai tment 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, 70.48 and 39.34 180 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
misdemeanor or gross misdemeanor referred from their respective jurisdiction, whether filed under State law or
City ordinance, be held under the control and/or custody of the Yakima County Department of Corrections.
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 the City Police Chief shall meet by
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: provided, however, that this fee estimation shall not be considered a renewal of this Agreement.
4. Payment
4.1 Commencing March 1, 1997, the City shall pay the County a booking fee in the sum of $23.00
for the booking of each City prisoner.
4.2 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 misdemeanor or gross
misdemeanor referred from their respective jurisdiction, whether filed under State law or City ordinance. The
daily rate for the duration of this agreement will be $44.54 per day per inmate.
1997 Interlocal Jail Agreement 1
Yakima County/City of Yakima
4.3 In the event a prisoner is held in custody by the County pursuant to this Agreement, and that
prisoner is also held in custody at the same time by the County on the basis of State and/or local agency
criminal charges, the booking fee, the daily incarceration rate, and all other fees (electronic monitoring charges,
medical treatment fees, etc.) for the prisoner shall be fractionalized on an equal basis between the respective
jurisdictions. For example: if a prisoner is held by the County pursuant to City, County, and City of Selah
criminal charges all at the same time, the booking fee, daily incarceration rate charges, and applicable medical
treatment charges shall be allocated to each jurisdiction on a 33 1/3% share of the total cost. For purposes of
this paragraph, the State of Washington and Yakima County shall be considered one entity.
4.4. Other services.
4. 4.1 Usage of inmate work crews. If the City elects to use a supervised inmate work crew, the City
shall pay the County for each day or partial day of use of an inmate work crew as follows:
Crew Chief
Inmate Worker Insurance
Transportation & Equipment
4.4.2 Home detention.
$10.54 x eight hours Total $84.32
$ 0.055 per inmate x hours on site.
$ 0.45 per mile, per crew, round trip.
a. The City, at its option, may utilize the County home detention electronic monitoring and reporting
services at a cost to the City of $4.50 per day per offender. All offender screening, selection, hookups,
scheduling, supervision, re -incarceration, and offender fee collections and use will be the province of the City.
The County will provide technical assistance as requested.
b. The County, at its option, may select City prisoners held by the County pursuant to this Agreement
for its home detention electronic monitoring and reporting services program. All offender screening, selection,
hookups, scheduling, supervision, monitoring, re -incarceration, and offender fee collections and use will be the
province of the County. The daily home detention rate under this subsection shall be $5.55 per day per inmate.
4.4.3. Pretrial supervision program. The City shall pay the County a daily rate for each day or partial
day for each prisoner that is in the Pretrial Supervision program for violation or alleged violation of a City
ordinance. The daily rate for the duration of this Agreement will be $2.80 per day per inmate.
4.5. Billing. The County hereby commits to work with the City develop a monthly billing system to
provide itemized billings for all charges and fees imposed for each City prisoner and a separate itemized
monthly bill for work crews and include a monthly billing provision in the 1998 interlocal correction/detention
agreement between the parties.
4.6 The County further commits to a provision to be included in the 1998 interlocal
correction/detention agreement between the parties requiring the County to provide to the City once each
month a list of all City prisoners held in the county correction/detention center.
5. Prisoner Delivery and Notification
5.1. When it becomes necessary to incarcerate City prisoners in the County due to City Detention
Facility space limitations or for other reasons, the City shall deliver such prisoners to the County Jail. At the
time of delivery, the City shall provide a court commitment order to the County. Said order shall specify the
release date of the prisoner. The County shall accept any such prisoner; provided, however, that the County
may not accept any prisoner who appears sick or injured until such prisoner has received proper medical
attention and has been cleared for incarceration by an appropriate medical authority. In the event that the
County holds a prisoner beyond the release date, the City shall not be obligated to pay the County any
compensation for such additional time.
1997 Interlocal Jail Agreement 2
Yakima County/City of Yakima
5.2 In the event a prisoner is held in custody by the County Jail pursuant to this Agreement, and that
prisoner is also detained by the County on the basis of other State and/or other local agency charges, the County
shall notify the City of the date when such prisoner will complete his/her sentence for the other jurisdictional
charges prior to such date. The City, at its option, may pick up and deliver the prisoner to the City Detention
Facility for the completion of his/her jail sentence.
5.3 In the event a prisoner is received by the County through the Cooperative Transport System
prisoners charged with misdemeanors and/or gross misdemeanors filed by the City, the County shall
immediately notify the City of the receipt of said prisoner. If the City picks up the prisoner within four (4)
hours of notification from the County, then the payment/charges specified in Section 4 of this Agreement shall
not apply with regard to such prisoner.
5.4. In the event that the City holds a prisoner in custody at the City Detention Facility pursuant to
charges from other jurisdictions for which the County is required to detain the prisoner at its jail facilities, the
City shall immediately notify the County of the receipt of said prisoner. If the County picks up the prisoner
within four (4) hours of such notification from the City, then no charges then no costs shall accrue against the
County in relation to said prisoner. In the event the County does not pick up the prisoner within said time, the
County shall pay to the City like charges as are set out in section 4 hereof.
6. Booking Procedure
Prisoners will be booked by DOC personnel according to the procedures and polices of the
Department 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. Pursuant to RCW 70.48.130, and as part of the
booking procedure, the Depai tinent of Corrections shall obtain general information concerning the inmate's
ability to pay for medical care, including insurance or other medical benefits or resources to which an inmate is
entitled. This information shall be provided to the City upon request within forty-eight (48) hours of receipt of
the request by the County. Requests shall only be made between 8:00 a.m. and 5:00 p.m. on weekdays.
Requests shall not be made on county holidays.
7. Court Appearance
The County shall be responsible for arranging and delivering City prisoners held pursuant to this
Agreement for Yakima County Superior Court and District Court. The City shall be responsible for arranging
and delivering City prisoners held by the County pursuant to this Agreement for City of Yakima Municipal
Court appearances and then redelivering the prisoner to the appropriate detention facility if necessary.
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 elected officials, officers, agents, and
employees, from any and 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 negligent acts.
1997 Interlocal Jail Agreement 3
Yakima County/City of Yakima
10. Medical Treatment
The County shall provide and furnish for prisoners confined 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) confined (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 as provided in RCW 70.48.130. The
County shall bear such expenses if it fails to notify the City pursuant to the requirements of this section. The
County shall bear the expense of any such medical care directly caused by misfeasance or malfeasance of the
County, its officers or agents "Immediate notification" shall mean sending a telephonic facsimile transmission
to a number designated by the Chief of Police as soon as reasonably possible before the inmate receives
medical and/or dental care with the understanding that such notification may not be reasonably possible prior to
emergency care.
In the event a prisoner is held in custody by the County pursuant to this Agreement, and the prisoner is
also detained by the County on the basis of other State and/or other local agency criminal charges, the costs of
medical and/or dental treatment shall be fractionalized on an equal basis between the respective jurisdictions.
For example: if a prisoner is held by the County pursuant to City, County, and City of Union Gap criminal
charges, the total costs of medical and/or dental treatment (other than minor care) shall be allocated on a 33
1/3% share to each jurisdiction. For purposes of this paragraph, the State of Washington and Yakima County
shall be considered one entity.
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 R.C.W. Chapter 70.96A Uniform Alcoholism and Intoxication Treatment.
12. Implementation
The Director 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.
13. 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 R.C.W. 70.48.090 stating the
ground for said termination and specify plans for accommodating the effected prisoners.
14. Duration of Agreement.
The duration of this Agreement shall be from March 1, 1997 to December 31, 1997, unless otherwise
terminated in accordance with Section 13 of this Agreement.
15. Property
It is not anticipated that any real or personal property will be acquired or purchase by the parties solely
because of this agreement.
1997 Interlocal Jail Agreement 4
Yakima County/City of Yakima
16. 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 (R.0 W. 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.
17. Assignment.
This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in
whole or in part by Yakima County to any other person or entity without the prior written consent of the City.
In the event that such prior written consent to an assignment is granted, then the assignee shall assume all
duties, obligations, and liabilities of Yakima County stated herein.
18. Non -Waiver.
The failure of either party to insist upon strict performance of any provision of this Agreement or to
exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall
not constitute a waiver of any right under this Agreement.
19. 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.
20. Integration.
This written document constitutes the entire Agreement between the City and Yakima County 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 CITY:
TO COUNTY:
Police Chief
Yakima Police Department
200 South Third Street
Yakima, WA 98901
Director
Yakima County Department of Corrections
111 North Front Street
Yakima, WA 98901
or such other addresses as the parties may hereafter designee 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.
1997 Interlocal Jail Agreement 5
Yakima County/City of Yakima
22. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Washington.
23. Arbitration.
Either party may invoke binding arbitration of any dispute which arises regarding the terms of this
agreement or the duties imposed herein by giving the other party 30 days notice. Within said 30 days, the City
and the County shall attempt to agree to a single arbitrator. In the event the City and the County cannot agree on a
single arbitrator, each shall appoint one arbitrator to a panel within said 30 days. The two arbitrators shall
mutually agree on a third arbitrator to chair the panel. The panel shall thereafter decide the dispute by majority rule
and render a written decision within fourteen (14) days of the hearing. Neither party shall have recourse to the
courts in regard to a matter governed by this agreement absent a showing of compliance with this section or waiver
by both parties. In the event an interlocal correction/detention agreement for calendar year 1998 is not agreed
upon by the parties by March 31, 1998, the new agreement shall be immediately submitted to arbitration as
provided herein without any required notice.
24. Approval and Filing.
Each party shall approve this Agreement by resolution, ordinance or otherwise pursuant to the laws of
the governing body of each party. The attested signatures of the City Manager and the Yakima County
Commissioners below shall constitute a presumption that such approval was properly obtained. A copy of this
Agreement shall be filed with the Yakima County Auditor's Office pursuant to RCW 30.34.040.
CITY OF YAKIMA
By:
Date:
BOAR
CO
_.)
R.A. Zais, Jr. City Manager
Approved as to form:
RONALD S. ZI
Deputy ProsecutinW orney
DE'ARTMENT OF
COUNTY
WILLIAM H. FLOWER, Chair
111111110 ' :0,1010 _11.11.4111641 .c , ce ,^',,,-,,,----------"
BETTIE INGHAM, Commilloieo
k.....„... zAdiar .
JAMES M. LEo ' issioner
v
Attest this ID day of` T115-0—', 1997
SYLVIA E. HINOJOS
CLERK O i HE BOA
ILL IA
1997 Interlocal Jail Agreement 6
Yakima County/City of Yakima
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /3 A
For Meeting of / / / 7
ITEM TITLE: Resolution authorizing and directing the City Manager and the City
Clerk of the City of Yakima to execute an Interlocal Corrections /
Detention Agreement.
SUBMITTED BY: Don Blesio, Chief of Police
CONTACT PERSON/TELEPHONE: Chief Blesio - 575-6211
Captain Adkins - 575-6294
SUMMARY EXPLANATION:
Representatives of the City and Yakima County have been engaged in negotiations
regarding compensation to the County for jail services. The County has provided and is
willing to continue providing these services to the City for 1997 in accordance with the
terms and conditions of the attached Agreement. Attached hereto for consideration and
approval of the City Council is a resolution and the Interlocal/Corrections Detention
Agreement: A fractionalized booking fee of $23.00 and a fractionalized daily rate of $44.54,
including last day incarceration. Estimated 1997 cost is approximately $ 635,000.00.
Resolution 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-97-148