HomeMy WebLinkAboutR-1998-023 Interlocal Agreement / Toppenish / Detention ServicesRESOLUTION NO. R-98- ga 3
A RESOLUTION authorizing and directing the City Manager and the City
Clerk of the City of Yakima to execute an Interlocal Jail
Agreement with the City of Toppenish 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 Toppenish 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 Toppenish for the detention of some Yakima
prisoners, and to reasonably compensate Toppenish for the care and custody of
said prisoners; and
WHEREAS, Toppenish is willing to make its jail facilities available to
Yakima for the detention of some Yakima prisoners in accordance with the
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 Toppenish 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 Toppenish for the provision of jail detention
services during 1998 and 1999.
ADOPTED BY THE CITY COUNCIL this 17-/ -7 of T .c6. , 1998.
ATTEST:
City Clerk
Nclre•ltoppensh ami Contract/pm
John Puccinelli, 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 Toppenish
(hereinafter "Toppenish").
I. RECITALS
A. It is the desire and intent of Yakima, through its police
department, to utilize the jail facilities maintained by Toppenish, and to
compensate Toppenish 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
portion of the Revised Code of Washington.
13. In accordance with the terms and conditions herein, and where it
is not an undue burden, Toppenish 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.
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.
11. 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, 1998, and terminate on December 31, 1999,
unless sooner terminated by either party in accordance with Section 15.
2. Incareer4tion. Provided that there is available jail/detention
facility space, Toppenish shall accept and incarcerate Yakima prisoners
that are eighteen (18) years and older, and who were arrested and/or
detained by Yakima police officers for a violation of the Yakima
Municipal Code and adopted portions of the Revised Code of
Washington, for a period of up to ninety (90) consecutive days per
prisoner. Toppenish 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 its jail. A copy of the Toppenish
jail rules is attached hereto and incorporated by this reference.
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Prisoners held by Toppenish pursuant to this Agreement may be
accepted by Toppenish jail in its work release program or its day
detention program, and Toppenish shall care for those prisoners in the
same manner as its own prisoners and in a manner consistent with the
rules governing work release and day detention inmates, provided the jail
has available space in such programs. Prisoners must pay $12 per day
for participation in the work release program, and $20 per day for
participation in day detention program, which must be paid in advance
to Toppenish by the prisoner. Yakima shall not be responsible in any
way for the costs of prisoner participation in said programs.
3. Compensation. Yakima agrees to pay Toppenish each month the
sum of thirty-five dollars ($35.00) per day, or any portion thereof, for
each Yakima prisoner incarcerated in Toppenish jail facilities pursuant
to the terms of this Agreement; provided, however, that Yakima shall not
be obligated to pay Toppenish for the last day of incarceration.
4. Clothing and Bedding. Toppenish 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 by Yakima
according to the procedures and policies of the Toppenish Police
Department. The personal property of prisoners delivered by Yakima
shall be held and handled by Toppenish in the same manner as its own
prisoners.
6. Prisoner Delivery and Notification. Yakima shall be responsible
for delivering its prisoners to the custody of the Toppenish Police
Department. Toppenish will not accept for custody any prisoner who
appears to be sick or injured until he/she has received proper medical
attention, which shall be the responsibility of Yakima.
Yakima shall provide Toppenish with a copy of the court
commitment order when a prisoner is delivered to the Toppenish jail.
Said order shall state the amount of time the prisoner shall serve in jail
and when the prisoner is to be released. Toppenish will not accept for
custody any prisoner from Yakima who is not accompanied by such a
commitment order. The commitment time shall commence when the
prisoner is booked into the Toppenish jail,
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 where incarcerated and return such prisoners to the Toppenish
jail if appropriate.
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8. Bail or Fine. Toppenish shall not accept bail, fines, or other
monies for Yakima. Toppenish shall notify the Yakima Municipal Court
Clerk or the Yakima Police Department of any request to post such
monies.
9. Medical Treatment. Toppenish 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 Toppenish shall pay for
any medical expenses that are directly caused by the negligence of its
officers and/or agents.
Toppenish shall notify the Yakima Police Department by whatever
communications system available (telephone, radio, etc.) if a Yakima
prisoner requires emergency medical or dental treatment. Toppenish
shall immediately transport the prisoner to an appropriate health care
facility for emergency medical or dental treatment. Yakima shall
reimburse Toppenish for such transportation costs.
Toppenish shall immediately notify the Yakima Police Department
in writing 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.
10. Liability.
a. Toppenish 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
Toppenish custody) which result from or arise out of the sole negligence
of Toppenish, its elected officials, 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
Toppenish, 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 a claim of false arrest or detention) which result from
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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 Toppenish 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 thud
party.
11. No Insurance. It is understood Yakima does not maintain liability
insurance for Toppenish and/or its employees.
12. 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.
13. Truee Status. Any Yakima prisoner held in custody by
Toppenish and selected to be a trustee shall be subject to the Yakima
guidelines established for trustees and shall not receive credit against
his/her sentence for time served as a trustee.
14. Implementation. The chief officer of the Yakima Police
Department and of the Toppenish 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 Toppenish for resolution as necessary.
15. Termination. Dither party pay terminate this Agreement, with or
without cause, by providing the other party with thirty (30) days written
notice of termination.
16. Nondiscrimination Provision. During the performance of this
Agreement, Yakima and Toppenish 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.
17. Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part by
Toppenish to any other person or entity without the prior written
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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 Toppenish 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 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.
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:
Police Chief
200 South Third Street
Yakima, WA 98901
TO TOPPENISH Police Chief
1 West First Ave.
Toppenish, WA 98948
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.
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.
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25. Resolution. The City Council of each party shall adopt a
resolution authorizing execution of this Agreement.
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 TOPPENISH
R. A. Zais, Jr., City Manager
Date: A - 6/
ATTEST
Date: February 9, 1998
Ai LEST:
1,1
`tivic City Clerk City Clerk
Yakima City Contract No. 98-23
Resolution No. . -98-23
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of c2///_7/c)
ITEM TITLE: Consideration of a Resolution Authorizing the Interlocal
Correction/Detention Agreement Between the City of Yakima
and the City of Toppenish
SUBMITTED BY: Don Blesio, Chief of Police
CONTACT PERSON/TELEPHONE: Chief Blesio''= 575-6211
Lt. Mike Vowell - 575-6181
SUMMARY EXPLANATION:
The Ci of T _o.��� enish Jail has beds available for lease by the City of Yakima. The cost of
incarceration for each Yakima prisoner in the Toppenish detention facility will • • ezc rp
day, including meals. Yakima County has recently reached an agreement on a' 98
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 Toppenish for detention
services at this reduced rate of incarceration. The Yakima Police Department can
accommodate transportation of City prisoners to the Toppenish 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: