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HomeMy WebLinkAboutR-1998-011 Interlocal agreement / detention corrections / Yakima CountyRESOLUTION NO. R-98- 1. A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an Interlocal Corrections/Detention Agreement with Yakima County for the provision of jail detention services during 1998. WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize the City and the County to enter into a contract for jail services that specifies the responsibilities of each party; and WHEREAS, under said statutes the County has been providing jail detention services to the City for many years pursuant to previous and expired jail detention services contracts; and WHEREAS, the County desires to continue providing the City with jail detention services; 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, is willing to continue to make its jail facilities available to the City for the detention of some City prisoners in accordance with terms and conditions of the attached Interlocal Corrections/Detention Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with Yakima County for j ail detention services in accordance with the terms and conditions of the attached Interlocal Corrections/Detention Agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIA: 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 provision of jail detention services during 1998. (alms/Yakima County )W Contract 2/pm 17-771 rYcr 'MS CN oryr TNT I" TT 4-1.-• 1 AAR ADO"- 1 r) I .1.11.1:a 1 11 ‘...,A.J./ Ai iLST: City Clerk ilk)Tra/Yakkna County 1all Contract 2/pm <J, • John Puccinelli, Mayor 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 a 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 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, 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 August 1, 1998 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/Charges. 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 misdemeanor or gross misdemeanor referred from their respective jurisdiction, whether filed under State law or City ordinance;, provided, however, that the City will not be obligated to pay the County for the last day of incarceration unless the first and last days are the same. The daily rate for the duration of this Agreement will be 45.55 per day per inmate. 4.2. 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% INTERLOCAL Jail Agreement 1 January 14, 1998 share of the total cost. For purposes of this paragraph, the State of Washington and Yakima County shall be considered one entity. 4.3. Other services. 4.3.1. 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 4.3.2. Home detention. $12.03 per hour .055 per inmate x hours on site .45 per mile, per crew, round trip a. The City will utilize the County, through the Department of Corrections, to provide 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. The County shall maintain reasonable access for the City to a sufficient supply of field monitoring device equipment needed to meet the City's home detention service needs. The County shall keep and maintain such equipment in good working order and shall update the equipment as necessary. The County shall also make reasonable efforts to provide the City with additional monitoring capabilities, including but not limited to: alpha numeric paging, alcohol sensors, daily fax on each monitored defendant, and automated notification regarding monitored defendants who are not in compliance with the home detention monitoring program. The City shall not be liable to the County for the loss of or damage to monitoring equipment caused by defendents and/or offenders provided by the County pursuant to this Agreement. Rather, the County shall seek compensation for lost or damaged monitoring equipment from those monitored defendants who lose or damage such equipment. 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. 4.3.3. 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. 4.4. Billing. The County hereby commits to work with the City during the term of this Agreement to develop a monthly system to provide itemized billings for all charges and fees imposed for each City prisoner and a separate itemized monthly bill for work crews. 4.5. Access to County computer system. The County shall permit the City continuous access to its computer data base regarding any and all City prisoners detained by the County. This continuous access feature shall be accomplished through a computer link between a computer(s) designated by the City at the Police Station /Legal Center and appropriate computer(s) of the County. 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 INTERLOCAL Jail Agreement 2 January 14, 1998 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 to be 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. 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 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 pursuant to misdemeanor and/or gross misdemeanor charges 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. The County shall notify the City if it desires to detain the prisoner at its detention facility. If the County does pick ups said prisoner within four (4) hours of notification from the City, then no charges and 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. 5.5 The City will not oppose a motion by the County to vacate a June 12, 1996 Yakima District Court Order that provided the County shall "credit the City of Yakima time consecutive to any other time to begin after all the time for other jurisdictions have been served"; provided, however, that the County shall permit the City to pick up any City prisoner who is serving a sentence/charge before or consecutive to a sentence(s)/charge(s) from another jurisdiction(s) so that said prisoner may serve his City sentence/charge at the City Detention Facility, and the City shall return the prisoner to the County Detention Facility if necessary. A copy of the District Court Order is attached hereto as Exhibit "A." 6. Booking Procedure. Prisoners will be booked by Department of Corrections personnel according to the procedures and policies 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. Prisoners 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 Department 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 appearances. 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 INTERLOCAL Jail Agreement 3 January 14, 1998 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. 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; 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 officers or agents. "Immediate notification" shall mean notification as soon as reasonably possible before the inmate receives medical and/or dental treatment 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 that 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 RCW 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 RCW 70.48.090 stating the grounds for said termination and specifying plans for accommodating the affected prisoners; provided, however, that the either party may terminate the home detention program specified in Section 4.3.2(a) by providing the other party with thirty (30) days written notice of termination that states the grounds for said termination and specifying plans for accommodating the affected prisoners. 14. Duration of Agreement. The duration of this Agreement shall be from January 1, 1998 through December 31, 1998, 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 purchased by the parties solely because of this Agreement. INTERLOCAL Jail Agreement 4 January 14, 1998 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 (RCW 49.60) or the American with Disabilities Act (42 USC 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 or hand delivered 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 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, or hand delivered. 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. Arbitration. In the event an interlocal correction/detention agreement for calendar year 1999 is desired by both parties but the parties cannot agree upon the terms of the agreement by March 31, 1999, the new agreement shall automatically be submitted to binding arbitration as provided herein and without any notice. Specifically, the parties shall attempt to name a single arbitrator by April 15, 1999. In the event that the parties cannot agree on a single arbitrator by said time, each party shall appoint one arbitrator by April 30, 1999. The two appointed arbitrators shall then mutually agree on a third arbitrator to chair INTERLOCAL Jail Agreement 5 January 14, 1998 the arbitration panel. The arbitration panel shall thereafter decide the dispute by majority rule and render a written decision within fourteen (14) calendar days of the arbitration hearing. 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 39.34.040. CITY F YAKIMA By: R. A. Zais, Jr. City Manager Date: l 'k" ATTEST: P4-1 4" BOARD OF YAKIMA COUNTY COMMISSIONERS City Clerk City Contract No. Resolution No. DEPARTMEN • F CORRECTIONS KENN H A. ' `^ Y,. D Ap • oved as to form: RONALD S. ZIRKLE Deputy Prosecuting Attorney Attest this L day of F. , 1 : Ng.? SYLVIA E. HINOJOSA CLERK OF THE BO 11%111111f11,0 ,, pGO ;SASH/ 1r;',.% INTERLOCAL Jail Agreement 6 January 14, 1998 ITEM TILE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of Resolution authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an Interlocal Corrections/Detention Agreement with Yakima County for the provision of jail detention services for 1998. SUBMITTED BY: Don Blesio, Chief of Police CONTACT PERSON/TELEPHONE: Chief Blesio - 575-6211 Captain Adkins - 575-6294 SUMMARY EXPLANATION: The County has provided and is willing to continue providing jail services to the City for 1998 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: The County has proposed a fractionalized daily rate of $45.55, excluding last day incarceration. Estimated 1998 housing cost is approximately $585,000.00. The City Council's Public Safety Committee has met and discussed the proposed contract and is recommending approval. Resolution Ordinance Contract — Other (Specify) Funding Source APPROVED FOR SUBMITTAL: J (City Manager) STAFF RECOMMENDATION: Adopt resolution authorizing execution of an Interlocal Corrections/Detention Agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: