HomeMy WebLinkAboutR-2004-021 City of Wapato Interlocal AgreementRESOLUTION NO. R-2004-21
A RESOLUTION authorizing and directing the City Manager of the City of Yakima
to execute an "Interlocal Correction/Detention Agreement" with
the City of Wapato for the provision of jail detention services from
2004-2006.
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 the terms and conditions of
the attached Interlocal Correction/ Detention 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 Correction/ Detention
Agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated "Interlocal Correction/ Detention Agreement" with the City of Wapato for
the provision of jail detention services from 2004-2006.
ADOPTED BY THE CITY COUNCIL this 3rd day of February, 2004.
ATT)EST:
II City Clerk
Mayor
INTERLOCAL CORRECTION/DETENTION AGREEMENT
This 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").
WHEREAS, it is the desire and intent of Yakima, through its police department,
to utilize the detention facilities maintained by Wapato and to compensate Wapato
therefore, 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 portions of the Revised Code of Washington.
WHEREAS, in accordance with the terms 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.
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. The term of this Agreement shall commence on January 1, 2004, and
terminate on December 31, 2006, 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,
Wapato 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.
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 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.
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
1
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 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 Wapato. Prisoners' personal property shall be held by
Wapato and be transported with each prisoner to the Wapato jail facility.
6. Prisoner Delivery and Notification. Wapato shall be responsible for picking up
Yakima prisoners sentenced over 30 days and transporting them to Wapato jail
facilities. No person who appears to be sick or injured shall be accepted for
incarceration in Wapato jail facilities until he or 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 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 communication
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. Wapato 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.
2
9. Indemnification and Hold Harmless.
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, or agents in connection with or
incidental to the performance 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, or 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).
d. Nothing contained in this Section or this Agreement shall be construed to
create a right of indemnification in any third party.
10. No Insurance. It is understood that Yakima does not maintain liability insurance
for Wapato and/or its elected officials, officers, employees and/or agents.
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
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 may terminate this Agreement, with or without cause,
by providing the other party with thirty (30) days' written notice of termination.
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.
3
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 origin, creed, marital status, political affiliation, or the presence of any sensory,
mental or physical handicap. This provision shall include not limited the
� iun include but not be 111 � IIIeU 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.
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 anyone 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
YAKIMA POLICE DEPARTMENT
200 SOUTH THIRD STREET
YAKIMA, WA 98901-2830
TO WAPATO: POLICE CHIEF
WAPATO POLICE DEPARTMENT
205 SOUTH SIMCOE AVENUE
WAPATO, WA 98951
4
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. Venue. The venue for any action to enforce or interpret this Agreement shall lie
in the Superior Court of Washington for Yakima County, Washington.
24. Resolution. The City Council of each party shall adopt a resolution authorizing
execution of this agreement.
25. 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 WAPATO
R. A. Zais, Jr., City Manager
ATTEST sn� ATTEST
cd,, x,,01
City Clerk(Sc. L pty qtyC erk
Hca
City Contract No. ,,?QQ$/— /4,
Resolution No. ,-,a0-9-0?/
5
Mayor JeSSi J1(6fS
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.* /
P t,,1.. '2 'nnn
va ar.at. �, 1.11 � VL 1'Cf./. J, LVVY
ITEM 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: Sam Granato, Chief of Police
CONTACT PERSON/TELEPHONE: Chief Granato - 575-6211
Lt. Rod Light - 576-6393
SUMMARY EXPLANATION:
Attached are resolutions authorizing the execution of two separate Interlocal Jail Agreements
between the City of Yakima and the Cities of Sunnyside, Wapato and ratification of the
Interlocal Jail Agreement with the City of Toppenish.
These are renewals of previously executed agreements, which expired on December 31, 2003.
The agreements with Sunnyside, Toppenish and Wapato provide no increase in the $35.00 per -
day cost for housing City of Yakima prisoners.
Resolution X Ordinance Other (Specify)
Contract X Mail to (name and address):
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION:
It is recommended the Council adopt the resolutions
authorizing execution of these agreements.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: (11 A) Resolution adopted. RESOLUTION NO. R-2004-20 (Sunnyside)
(11 B) Resolution adopted. RESOLUTION NO. R-2004-21 (Wapato)
(11 C) Resolution adopted. RESOLUTION NO. R-2004-22 (Toppenish)
/I41 anemia nniira lad (l..want 111 nm