HomeMy WebLinkAboutR-1998-024 Interlocal Agreement / Wapato / Detention ServicesRESOLUTION NO. R-98-
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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 Wapato for the provision of jail
detention services during 1998.
WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize the City of
Yakima and the City of Wapato 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 Wapato for the detention of some Yakima prisoners,
and to reasonably compensate Wapato for the care and custody of said
prisoners; and
WHEREAS, Wapato 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 Wapato 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 Wapato for the provision of jail detention
services during 1998.
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ADOPTED BY THE CITY COUNCIL this ! day of /'1� , 1998.
ATTEST:
City Clerk
(Ik�rc, M'apato JaJ 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 Wapato
(hereinafter "Wapato").
I. RECITALS
A. It is the desire and intent of Yakima, through its police
department, to utilize the jail facilities maintained by Wapato, and to
compensate Wapato 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.
B. In accordance with the terns and conditions herein, and where it
is not an undue burden, Wapato 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.
II. 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, 1998,
unless sooner terminated by either party in accordance with Section 13.
2. Incarceration. Provided that there is available jail/detention
facility space, Wapato shall accept and incarcerate up to twenty-five (25)
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. Wapato 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. All prisoners
incarcerated for Yakima by Wapato shall be subject to all rules and
regulations of Wapato governing its jail facility, including Wapato's
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visitation rules and regulations. Wapato retains the right to refuse to
incarcerate and/or provide any other services to Yakima prisoners, who,
as determined by Wapato, constitute a security risk, or who are arrested,
held or detained by Yakima for any violent crime. Female prisoners of
Yakima will be accepted for incarceration by Wapato only upon prior
agreement.
3. Compensation. Yakima agrees to pay Wapato each month the
sum of thirty-five dollars ($35.00) per day for each Yakima prisoner
incarcerated in Wapato jail facilities pursuant to the terms of this
Agreement. Any part of the day, beyond six (6) hours, shall be considered
a full day. Payment shall be made for the first day of incarceration, but
not for the last day of incarceration. The charges in this section shall
apply without regard to whether the prisoner has been charged, tried, or
sentenced and shall continue until Yakima notifies Wapato that the
prisoner is to be released or until the sentence has been served by the
prisoner.
4. Clothing and Bedding. Wapato 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 according
to the procedures and policies of Yakima. Prisoners' personal property
shall be held by Wapato and be transported with each prisoner to the
Wapato jail facility.
6. Prisoner Delivery and Notification. Yakima shall be responsible
for delivering its prisoners to the Wapato jail facilities and for notifying
Wapato of all prisoners to be released. No person who appears to be sick
or injured shall be accepted for incarceration in the Wapato jail facilities
until he/she has received proper medical attention. Wapato shall
provide Yakima with a monthly list of Yakima prisoners housed during
the billing month.
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 redeliver such prisoners to the
appropriate facility.
8. Medical Treatment. Wapato 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 Wapato shall pay for -
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any medical expenses that are directly caused by the negligence of its
officers and/or agents.
Wapato shall notify the Yakima Police Department by whatever
communications system available (telephone, radio, etc.) if a Yakima
prisoner requires emergency medical or dental treatment. Wapato shall
immediately transport the prisoner to an appropriate health care facility
for emergency medical or dental treatment. Yakima shall reimburse
Wapato for such transportation costs.
Wapato 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.
9. Liability.
a. Wapato 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
Wapato custody) which result from or arise out of the sole negligence of
Wapato, its elected officials, officers, employees, and agents in
connection with or incidental to the perfoi mance or non-performance of
this Agreement.
b. Yakima agrees to hold harmless, indemnify, and defend
Wapato, 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
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 Wapato 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).
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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 Wapato 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, Unifoi m
Alcoholism and Intoxication Treatment.
12. Implementation. The chief officer of the Yakima Police
Department and of the Wapato 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 Wapato for resolution as necessary.
13. Termination. Either party pay terminate this Agreement, with or
without cause, by providing the other party with thirty (30) days written
notice of tet niination.
14. Property. It is not anticipated that any real or personal property
would be acquired or purchased by the parties solely because of this
Agreement.
15. Equal Opportunity. Yakima and Wapato are equal opportunity
employers.
16. Nondiscrimination Provision. During the performance of this
Agreement, Yakima and Wapato 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
Wapato 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 Wapato 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.
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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 tel itis, 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 WAPATO Police Chief
Wapato, WA
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.
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.
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CITY OF YAKIMA
R. A. Zais, Jr., City Manager
Date: - c-2({ G% cY
ATTEST:
/a L
`rye{ 1 i"vt6City Clerk
fi
ci..( 1.TA... (c ,
Yakima City Contract No. 98-24
Resolution No. R-98-24
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CITY OF WAPATO
Edna Mauch, City Manager
Date: //‘
ATTEST:
BUSINESS OF THE CITY COUNCIL
YAIC MA, WASHINGTON
AGENDA STATEMENT
Item No. 1 J C _.
For Meeting of alti 19 S
ITEM TITLE: Consideration of a Resolution Authorizing the Interlocal
Correction/Detention Agreement Between the City of Yakima
and the City of Wapato
SUBMITTED BY: Don Blesio, Chief of Police
CONTACT PERSON/TELEPHONE: Chief Blesio575-6211
Lt. Mike Vowell - 575-6181
SUMMARY EXPLANATION:
The City of Wapato Jail has 25 beds available for lease by the City of Yakima. The cost of
incarceration for each Yakima prisoner in the Wapato 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 Wapato for detention
services at this reduced rate of incarceration. The Yakima Police Department can
accommodate transportation of City prisoners to the Wapato 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: