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HomeMy WebLinkAboutR-2002-009 City of Sunnyside Interlocal Jail AgreementRESOLUTION NO. R-2002- 09 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an "Interlocal Jail Agreement" with the City of Sunnyside for the provision of jail detention services during 2002 and 2003. 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 Sunnyside for the detention of some Yakima prisoners, and to reasonably compensate 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 of the City of Yakima is 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 2002 and 2003. ADOPTED BY THE CITY COUNCIL this 5th ATTEST: City Clerk (lklres/sunnvstde jail contract/pm day of February, 2002. Place, Mayor 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 on January 1, 2002, and terminate on midnight December 31, 2003, unless sooner terminated by either party in accordance with Section 13 of this Agreement. 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 Page - 1 (1k)agree/sunnyside jail agreement 2002 -pm 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 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, Page -2 (lk)agree/sunnyside jail agreement 2002 -pm 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. 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 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. Page - 3 (1k)agree/sunnyside jail agreement 2002 -pm 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. 13. Termination. Either party may 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. Page -4 (1k)agree/sunnyside jail agreement 2002 -pm 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. 22. 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: Police Chief 200 South Third Street Yakima, WA 98901 TO SUNNYSIDE Police Chief 401 Homer Street 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, or hand - delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. Page - 5 (Ik)agree/sunnyside jail agreement 2002 -pm 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. 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 Pi/we_ R. A. Zais, Jr., City Manager Dave Fonfara, City Manager Date: ,? -1-0.2- Date: ATTEST: ATTEST: City Clerk Contract No. ,;?DDa -61,5" Resolution No. /Q v?ODo?-Q r1 Page - 6 (Ik)agree/sunnyside jail agreement 2002 -pm City Clerk BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON ANDA STATEMENT Item No. For Meeting of ITEM TITLE: TITLE: Consideration of a Resolution Extending the Interlocal Jail Agreements Between the City of Yakima and the Cities of Sunnyside, Toppenish and Wapato SUBMITTED BY: Don Blesio, Chief of Police;( Paul McMurray, Asst. City Attorney CONTACT PERSON/TELEPHONE: Chief Blesio - 575-6211 Captain Roy Willson — 576-6348 SUMMARY EXPLANATION: Attached are resolutions authorizing the execution of three separate Interlocal Jail Agreements between the City of Yakima and the Cities of Sunnyside, Toppenish and Wapato. These are renewals of previously executed agreements which expired on December 31, 2001. The agreements with Sunnyside, Toppenish and Wapato provide no increase in the $35.00 per -day cost for housing City of Yakima prisoners. Each contract is for a two-year term and provide for no other changes. Resolution X Ordinance Contract X Other (Specify) Funding Source APPROVED FOR SUBMITTAL,: (City Manag r) STAFF RECOMMENDATION: It is recommended the Council adopt the resolutions authorizing execution of these agreements. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: