HomeMy WebLinkAboutR-1998-022 Interlocal Agreement / Sunyside / Detention ServicesRESOLUTION NO. R-98- 2.2
A RESOLUTION authorizing and directing the City Manager and the City
Clerk of the City of Yakima to execute a Interlocal Jail
Agreement with the City of Sunnyside for the provision of jail
detention services during 1998 and 1999.
WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize the City of
Yakima and the City of Sunnyside to enter into a contract for jail services that
specifies the responsibilities of each party; and
WHEREAS, Yakima, through its Police Department, desires to utilize the
jail facilities maintained by the Sunnyside for the detention of some Yakima
prisoners, and to reasonably compensate the Sunnyside for the care and
custody of said prisoners; and
WHEREAS, Sunnyside is willing to make its jail facilities available to
Yakima for the detention of some Yakima prisoners in accordance with terms
and conditions of the attached Interlocal Jail 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 Sunnyside for jail detention services in
accordance with the terms and conditions of the attached Interlocal Jail
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
Jail Agreement with the City of Sunnyside for the provision of jail detention
services during 1998 and 1999.
ADOPTED BY THE CITY COUNCIL this «day of February, 1998.
ATTEST: John Puccinelli, Mayor
•
City Clerk
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INTERLOCAL JAIL AGREEMENT
THIS INTERLOCAL JAIL AGREEMENT (hereinafter "Agreement") is
made and entered into by and between the City of Yakima, a municipal
corporation (hereinafter "Yakima"), and the City of Sunnyside, a
municipal corporation (hereinafter "Sunnyside").
WHEREAS, it is the desire and intent of Yakima, through its
police department, to utilize the jail facilities maintained by Sunnyside,
and to compensate Sunnyside 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 the
adopted portion of the Revised Code of Washington.
WHEREAS, in accordance with the terms and conditions herein,
and where it is not an undue burden, Sunnyside 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.
WHEREAS, 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.
NOW, THEREFORE, in consideration of the mutual covenants,
conditions and promises herein, the parties mutually agree as follows:
1. Term of Agreement.
The term of this Agreement shall commence and be retroactive to
January 1, 1998, and terminate on December 31, 1999, unless sooner
terminated by either party in accordance with Section 13.
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2. Incarceration.
Provided that there is available jail/detention facility space,
Sunnyside shall accept and incarcerate male and female prisoners of
Yakima that are eighteen (18) years and older. Sunnyside 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
operation of its jail.
Prisoners held by Sunnyside pursuant to this Agreement may be
accepted by Sunnyside jail in its work release program, and Sunnyside
shall care for those prisoners in the same manner as its own prisoners
and in a manner consistent with the rules governing the operation of its
work release program, provided there is available space in such programs.
Payment for participation in the work release program shall be the
responsibility of the respective prisoner. Yakima shall not be responsible
in any way for the costs of prisoner participation in said programs.
3. Compensation.
Yakima agrees to pay Sunnyside the sum of thirty-five dollars
($35.00) per day, or any portion thereof, for each Yakima prisoner
incarcerated in Sunnyside jail facilities pursuant to the terms of this
Agreement; provided, however, prisoners held three (3) calendar days or
longer shall not have the day of their release billed to Yakima.
Sunnyside shall, by the fifteenth (15) day of each month, send to
Yakima a statement of costs incurred in the preceding month. Yakima
shall pay Sunnyside within thirty (30) calendar days of receipt of each
such bill.
4. Prisoner Delivery and Notification.
Yakima shall be responsible for delivering its prisoners to the
custody of the Sunnyside Police Department and for notifying Sunnyside
of the date and time that any prisoner is to be released. Sunnyside will
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not accept for booking any prisoner who appears to be sick or injured
until he/she has received proper medical attention.
5. Booking Procedure.
Male and female prisoners will be booked by the arresting Yakima
Police Officer according to the procedures and policies of the Sunnyside
Police Department by completing for each such prisoner an appropriate
booking sheet with a copy to be provided to the arresting police officer.
The personal property of prisoners delivered by Yakima shall be held and
handled by Sunnyside in the same manner as those of its own prisoners.
6. 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 Sunnyside jail if appropriate.
7. Bail or Fine.
Sunnyside shall accept bail, fines, or other monies for Yakima for
those prisoners held in the Sunnyside Law and Justice Center Jail
Facility. Moneys so collected will be turned over to Yakima on a timely
basis, but no later than forty-five (45) calendar days after collection.
8. Medical Treatment.
Sunnyside shall provide and furnish minor medical care, attention,
and treatment to prisoners in custody pursuant 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 Sunnyside shall pay for any medical expenses
that are directly caused by the negligence of its officers and/or agents.
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For the purposes of determining responsibility for medical treatment, the
provisions of RCW 70.48.130 shall control, notwithstanding any other
provisions hereof.
Sunnyside shall take reasonable steps to notify the Yakima Police
Department in the event that a Yakima prisoner requires emergency
medical or dental treatment. Sunnyside shall immediately transport the
prisoner to an appropriate health care facility for emergency medical or
dental treatment. Sunnyside shall also promptly notify the Yakima
Police Department of the emergency medical treatment provided and the
costs thereof.
Sunnyside shall immediately notify the Yakima Police Department
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. "Immediate
notification" shall mean notification as soon as reasonably possible.
9. Liability.
a. Sunnyside 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) (also including
but not limited to claims related to alleged mistreatment, injury, or
death to any prisoner, or loss or damage to prisoner property while in
Sunnyside custody) which result from or arise out of the sole negligence
of Sunnyside, its officers, employees, and agents in connection with or
incidental to the performance or non-performance of this Agreement.
b. Yakima agrees to hold harmless, indemnify, and defend
Sunnyside, its officers, employees, and agents from and against any and
all suits, actions, claims, liability, damages, judgments, costs and
expenses (including reasonable attorney's fees) (also including but not
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limited to a claim of false arrest or detention) which result from or arise
out of the sole negligence of Yakima, its elected officials, officers,
employees, and agents in connection with or incidental to the
performance or non-performance of this Agreement.
c. In the event that the officials, officers, agents, and/or
employees of both Sunnyside and Yakima are negligent, each party shall
be liable for its contributory share of negligence for any resulting suits,
actions, claims, liability, damages, judgments, costs and expenses
(including reasonable attorney's fees).
d. Nothing contained in this Section or this Agreement shall be
construed to create a liability or a right of indemnification in any third
party.
10. No Insurance.
It is understood Yakima does not maintain liability insurance for
Sunnyside 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
Sunnyside 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
Sunnyside for resolution as necessary.
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13. Termination.
Either party pay terminate this Agreement, with or without cause,
by providing the other party with thirty (30) days written notice of
termination.
14. Nondiscrimination Provision.
During the performance of this Agreement, Yakima and Sunnyside
shall not discriminate on the basis of race, age, color, sex, religion,
national original, 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.
15. Property.
It is not anticipated that any real or personal property will be
jointly acquired or purchased by the parties solely because of this
Agreement.
16. No Third -Person Benefits.
This Agreement is solely for the benefit of the parties hereto, and
creates no rights and/or benefits of any type in any third parties.
17. Assignment.
This Agreement, or any interest herein, or claim hereunder, shall
not be assigned or transferred in whole or in part by Sunnyside 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
Sunnyside as stated herein.
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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. Modification.
Modification of this Agreement may be accomplished by written
agreement between Sunnyside and Yakima and no oral understandings
or agreements shall suffice to alter the terms and conditions of this
Agreement.
21. Integration and Supersession.
This Agreement sets forth all of the terms, conditions, and
agreements of the parties relative to the subject matter hereof and
supersedes any and all such former agreements which are hereby declared
terminated and of no further force and effect upon the execution and
delivery hereof. There are no terms, conditions, or agreements with
respect thereto, except as herein provided and no amendment or
modification of this Agreement shall be effective unless reduced to
writing and executed by the parties.
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22. 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 SUNNYSIDE:
Police Chief
200 South Third Street
Yakima, WA 98901
Police Chief
401 Homer Avenue
Sunnyside, WA 98944
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.
23. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws
of the State of Washington.
24. Venue.
The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
25. Resolution.
The City Council of each party shall adopt a resolution authorizing execution of
this Agreement, and shall deliver the other party a copy of the same.
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26. Filing with County Auditor.
A copy of this Agreement shall be filed with the Yakima County
Auditor's Office pursuant to RCW 39.34.040.
CITY OF YAKIMA CITY OF SUNNYSIDE
R. A. Zais, Jr., City Manager' Mark Kunkler, Acting City Manager
Date: <2,1 Date: /�' %P-trw.y `1-2--i /9.9
ATTEST:
c%• r City Cler�
tnf
City Contract No.
Resolution No.
98-22
R-98-22
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Al'1'EST:
HEM 111LE:
BUSINESS OF '1'HE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. / / 4
For Meeting of Q / -7 1 9 g
Consideration of a Resolution Authorizing the Interlocal
Correction/Detention Agreement Between the City of Yakima
and the City of Sunnyside
SUBMI I TED BY: Don Blesio, Chief of Police
CONTACT PERSONti'ELEPHONE: Chief Blesio - 575-6211
Lt. Mike Vowell - 575-6181
SUMMARY EXPLANATION:
The City of Sunnyside Jail has beds available for lease by the City of Yakima. The cost of
incarceration for each Yakima prisoner in the Sunnyside detention facility will be $35 per
day, including meals. Yakima County has recently reached an agreement on a 1998
contract charging a fee of $45.55 per day, with no last day incarceration cost.
The City will benefit economically by contracting with the City of Sunnyside for detention
services at this reduced rate of incarceration. The Yakima Police Department can
accommodate transportation of City prisoners to the Sunnyside detention facility.
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: