HomeMy WebLinkAboutR-2006-015 City of Tieton Interlocal Jail AgreementRESOLUTION NO. R-2006- i 5
A RESOLUTION authorizing and directing the City Manager of the City of Yakima
to execute an Interlocal Jail Agreement with the City of Tieton to
allow the City of Yakima to house prisoners of the City of Tieton
at the Yakima City Jail.
WHEREAS, Chapter 39.34 of the Revised Code of Washington, entitled "Interlocal
Cooperation Act," permits local governmental units to make the most efficient use of their
powers by enabling them to cooperate with other municipalities on the basis of mutual
advantage; and
WHEREAS, Chapter 70.48 allows cities to enter into Interlocal contracts for jail
services and specify the responsibilities of each governing unit involved; and
WHEREAS, the City of Tieton requires jail space for housing a certain number
of its prisoners; and
WHEREAS, the City of Yakima has the capacity and ability to house a certain
number of Tieton prisoners for a fee; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima and of the City of Tieton to enter into the proposed Interlocal Jail Agreement
authorizing the City of Yakima to house City of Tieton prisoners in exchange for
payment of a fee, 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 between the City of
Yakima and the City of Tieton authorizing the City of Yakima to house Tieton prisoners
in the Yakima City Jail in exchange for payment of a fee.
ADOPTED BY THE CITY COUNCIL this 7th day of February 2006.
ATTEST:
City Clerk
Page -1
avi dler, Mayor
INTERLOCAL JAIL AGREEMENT
THIS INTERLOCAL JAIL AGREEMENT (hereinafter "Agreement") is made and
entered into by and between the City of Yakima (hereinafter "Yakima") and the City of
Tieton (hereinafter "Tieton").
WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize Tieton and Yakima
to enter into a contract for jail services that specifies the responsibilities of each party.
WHEREAS, Tieton, through its Police Department, City Council, or Mayor
desires to utilize the jail facilities maintained by Yakima for the detention of some Tieton
prisoners, and to reasonably compensate Yakima for the care and custody of said
prisoners.
WHEREAS, Yakima, through its Police Department, City Council, or City
Manager, desires to make its jail facilities available to Tieton for the detention of some
Tieton prisoners.
NOW, THEREFORE, in consideration of the mutual covenants, conditions, and
promises contained herein, the parties hereto mutually agree as follows:
1. Purpose. It is the purpose and intent of this Agreement that Yakima,
through its Police Department, City Council, or City Manager, and Tieton, through its
Police Department, City Council, or Mayor shall cooperate for the care and custody of
male and female jail prisoners pursuant to the authority of Chapters 39.34, 70.48 and
39.34.180 of the Revised Code of Washington. This Agreement is intended to apply to
those instances in which it is desirable that a person arrested for a misdemeanor or
gross misdemeanor referred from their respective jurisdiction, whether filed under State
law or City ordinance, be held under the control and/or custody of the City of Yakima.
2. Incarceration. Yakima shall accept and incarcerate male prisoners of
Tieton and shall feed and otherwise generally care for those prisoners in the same
manner as its own prisoners and in a manner consistent with rules governing its jail,
provided that it has available space in its jail.
3. Computation of Fees. The Yakima Police Chief or the City Manager and
Tieton Police Chief or the Mayor of Tieton, or their designees, shall meet on the last
Friday in July of each year to estimate the fees for the following year. This fee will be
established by determining the fixed and variable costs of the forthcoming budget along
with the number of beds available and the estimated average prisoner days; provided,
however, that this fee estimation shall not be considered a renewal of this Agreement.
4. Charges and Other Services.
Interlocal Jail Agreement 1
4.1 Daily Rate for Incarceration. Tieton shall pay Yakima a daily rate for each
day or partial day for each prisoner that is incarcerated in the Yakima Jail; provided,
however, that Tieton will not be obligated to pay Yakima for the last day of incarceration
unless the first and last days are the same. The daily rate for the duration of this
Agreement will be per day, per inmate, according to attachment A.
4.2 Fractionalized Fees. In the event a prisoner is held in custody by Yakima
pursuant to this Agreement, and that prisoner is also held in custody at the same time
by Yakima on the basis of State and/or local agency criminal charges, the daily
incarceration rate, and all other fees (medical treatment fees, etc.) for the prisoner shall
be fractionalized on an equal basis between the respective jurisdictions. "At the same
time" as used in this paragraph shall not be interpreted to include time spent while
waiting to serve a consecutive sentence for Tieton charges. For example: if a prisoner
is held by Yakima pursuant to Tieton, Yakima, and a third agency's charges, daily
incarceration rate charges, and applicable medical treatment charges shall be allocated
to each jurisdiction on a 33 1/3% share of the total cost.
4.3 Other services. Except as otherwise provided in this Agreement, Tieton
agrees that Yakima shall be its sole outside source for the following services, and
agrees to pay the rates indicated for each service.
4.3.1 Home Detention.
a. Tieton elects the home detention option indicated below.
Option A: If Tieton so elects, Yakima will provide home detention electronic monitoring
and reporting services to Tieton for a cost according to attachment A, per day per
offender. All offender screening, selection, hookups, scheduling, supervision, re-
incarceration, and offender fee collections and use will be the province of Yakima.
Yakima agrees that all City of Tieton prisoners eligible for home detention shall be
referred to Yakima's home detention program. If Option A is selected Tieton will receive
twenty five percent (25%) of all offender fee revenue collected and Yakima will retain
seventy five percent (75%) of all offender fee revenue collected; or
Option B: If Tieton so elects, Yakima will provide any or all of the home detention
program service activities listed above. Those activities shall be operated by mutual
agreement and in full compliance with Yakima's program policies, procedures and
practices. In this case, there will be no daily rate charged to Tieton for these services,
but Tieton agrees to allow Yakima to collect and keep all participant and other revenues
and fees associated with providing home detention services.
TIETON ELECTS THE FOLLOWING HOME DETENTION OPTION (Please
initial one)
X OPTION A OPTION B
Interlocal Jail Agreement 2
b. Yakima shall maintain reasonable access to a sufficient supply of field
monitoring device (FMD) equipment needed to meet Tieton's home detention service
needs. Yakima shall ensure such equipment is kept and maintained in good working
order and request that the equipment be updated as necessary. Yakima shall also
make reasonable efforts to provide Tieton with additional monitoring capabilities,
including but not limited to: alpha numeric paging notification, alcohol sensors, daily
facsimiles on each monitored defendant, and automated notification regarding
monitored defendants who are not in compliance with the home detention monitoring
program.
c. Tieton shall not be liable to Yakima for the loss of or damage to monitoring
equipment caused by defendants and/or offenders provided by Yakima pursuant to this
Agreement. Rather, Yakima shall seek compensation for lost or damaged monitoring
equipment from those monitored defendants and/or offenders who lose or damage such
equipment.
4.4 Affirmative Denial. Tieton agrees that Yakima may assume that all
inmates committed by Tieton and/or Yakima Municipal Court are eligible for all
correctional options specified in this Agreement unless the Municipal Court's disposition
specifically denies such eligibility or the applicable state statute or Tieton ordinance
does not allow such option. Yakima agrees that it will make a good faith effort to select
the correctional option for Tieton prisoners that presents the lowest cost for Tieton.
5. Prisoner Delivery and Notification.
5.1 Tieton shall deliver male prisoners to Yakima City Jail. At the time of
delivery, Tieton shall provide a court commitment order to Yakima. Said order shall
specify the release date of the prisoner. Except as set forth herein, Yakima shall accept
any such prisoner; provided, however, that Yakima may not accept any prisoner who
appears to be sick or injured until such prisoner has received proper medical attention
and has been cleared for incarceration by an appropriate medical authority. In the
event that Yakima holds a prisoner beyond the release date, Tieton shall not be
obligated to pay Yakima any compensation for such additional time.
Yakima expressly reserves the right to refuse to accept the transfer of any
prisoner of Tieton that it deems to be a risk to prisoner or staff safety, or if Yakima Jail
staff is not qualified to treat and care for the physical or mental condition of the prisoner.
In the event Yakima refuses to accept the transfer of a prisoner based on that prisoner's
conduct or physical or mental condition said prisoner shall be transferred to the Yakima
County Jail and the custody of the Yakima County Department of Corrections. Upon
the transfer of such prisoner to the Yakima County Department of Corrections, the City
of Tieton shall coordinate with Yakima County for incarceration of said prisoner and the
City of Yakima shall be relieved of any further obligations as to that prisoner or to the
City of Tieton related to that prisoner.
6. Booking Procedure. Prisoners will be booked by City of Yakima Jail
personnel according to the procedures and policies of the City of Yakima Jail by
completing for each such prisoner an appropriate booking sheet with a copy to be
Interlocal Jail Agreement 3
provided to the arresting agency if requested. Prisoners' personal property will be held
by Yakima and handled in the same manner as property of its own prisoners. Pursuant
to RCW 70.48.130, and as part of the booking procedure, City of Yakima Jail personnel
shall obtain general information concerning the inmate's ability to pay for medical care,
including insurance or other medical benefits or resources to which an inmate is
entitled. This information shall be provided to Tieton upon request within forty-eight (48)
hours of receipt of the request by Yakima. Requests shall only be made between 8:00
a.m. and 5:00 p.m. on weekdays. Requests shall not be made on City of Yakima
holidays.
7. Court Appearance. In the event Yakima receives a duly executed Court
Order directing transport of a prisoner, Yakima will be responsible for arranging and
delivering Tieton prisoners held pursuant to this Agreement for the applicable Court
appearances. Under all other circumstances, Tieton shall be responsible for arranging
and delivering Tieton prisoners held by Yakima pursuant to this Agreement for Court
appearances and then redelivering the prisoner to the appropriate detention facility if
necessary.
In addition, Yakima and Tieton agree to make their best efforts to develop and
implement a procedure for conducting video arraignments of Tieton prisoners through
the PolyCom system.
8. Bail. Yakima shall deliver all bail to the appropriate court in a manner that
is agreeable to the receiving court.
9. Hold Harmless.
a. Yakima agrees to hold harmless, indemnify, and defend Tieton, 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 Yakima
custody) 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 Yakima's services, duties and obligations under this
Agreement.
b. Tieton 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
attorneys fees) (also including but not limited to a claim of false arrest or detention or
excessive force) which result from or arise out of the sole negligence of Tieton, its
elected officials, officers, employees, and agents in connection with or incidental to the
performance or non-performance of Tieton's services, duties and obligations under this
Agreement.
Interlocal Jail Agreement 4
c. In the event that the officials, officers, agents, and/or employees of both
Yakima and Tieton 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. Medical.
Yakima shall provide and furnish for prisoners confined in its facility the minor
medical care, attention and treatment, which is administered within the facility. Yakima
shall, prior to transporting a Tieton prisoner, notify the Office of the Tieton Chief of
Police if a Tieton prisoner requires medical or dental treatment at an outside medical or
health care facility: said notification to be effected as follows; by notifying Office of the
p.. Chief, of_ Police telephonically at (509) 673-3162 and by e -mailing notice to
•@c_entuenet, or such alternate e-mail addresses as Tieton shall provide in
writing. If neither the inmate nor the Washington State Department of Social and Health
Services, nor other source provides payment, Tieton shall bear the expense of any
physician, hospital, convalescent, dental, prescription medicine or medical care
expense of its prisoners (other than that administered within the facility) confined (1) for
violation or alleged violation of an Tieton Ordinance, or (2) for other charges initiated by
Tieton until the charges are disposed of by sentencing or otherwise; provided, that
Yakima shall bear such expenses if it fails to notify Tieton pursuant to the requirement
of this section. Yakima shall bear the expense of any such medical care which it
directly caused by misfeasance or malfeasance of Yakima, its officers or agents.
"Immediate notification" shall mean notification as soon as reasonably possible before
the inmate receives medical and/or dental treatment with the understanding that such
may not be reasonably possible prior to emergency care.
In the event a prisoner is held in custody by Yakima pursuant to this Agreement,
and that prisoner is also detained by Yakima on the basis of other State and/or other
local agency criminal charges, the costs of medical and/or dental treatment shall be
fractionalized on an equal basis between the respective jurisdictions. For example: if a
prisoner is held by Yakima pursuant to Tieton, City of Yakima, and a third agency's
charges, the total costs of medical and/or dental treatment (other than minor care) shall
be allocated on a 33 1/3% share to each jurisdiction.
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 70.96A Uniform Alcoholism and Intoxication Treatment.
12. Implementation. The City of Yakima Chief of Police and the City of
Tieton Chief of Police, or their designees, shall be jointly responsible for implementation
and proper administration of this Agreement and will refer problems of implementation
Interlocal Jail Agreement 5
to the governing bodies of the City of Yakima and the City Tieton for resolution if
necessary.
13. Termination. Termination of this Agreement by either party may be
accomplished on ninety (90) days written notice to the other party and to the State
Office of Financial Management as required by RCW 70.48.090 stating the grounds for
said termination and specifying plans for accommodating the affected prisoners;
provided, however, that either party may terminate the home detention program
specified in Section 4.3.1(a) by providing the other party with thirty (30) days written
notice of termination that states the grounds for said termination and specifying plans
for accommodating the affected prisoners.
14. Duration of Agreement. The duration of this Agreement shall be from
the date of signing through midnight December 31st, 2006, unless otherwise terminated
in accordance with Section 13 of this Agreement.
15. Property. It is not anticipated that any real or personal property will be
acquired or purchased by the parties solely because of this Agreement.
16. Equal Opportunity. Neither party shall discriminate against any person
on the grounds of race, creed, color, religion, national origin, sex, age, marital status,
political affiliation or belief or the presence of any sensory, mental or physical handicap
in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or
the Americans with Disabilities Act (42 USC 12110 et seq.). In the event of the violation
of this provision, the other party may terminate this Agreement immediately.
17. Assignment. This Agreement, or any interest herein, or claim hereunder,
shall not be assigned or transferred in whole or in part by Yakima to any other person or
entity without the prior written consent of Tieton. In the event that such prior written
consent to an assignment is granted, then the assignee shall assume all duties,
obligations, and liabilities of Yakima stated herein.
18. Non -Waiver. The failure of either party to insist upon strict performance
of any provision of this Agreement or to exercise any right based upon a breach thereof
or the acceptance of any performance during such breach shall not constitute a waiver
of any right under this Agreement.
19. 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.
20. Integration. This written document constitutes the entire Agreement
between Tieton and Yakima. There are no other oral or written Agreements between
the parties as to the subjects covered herein. No changes or additions to this
Agreement shall be valid or binding upon either party unless such change or addition be
in writing and executed by both parties.
Interlocal Jail Agreement 6
21. 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 YAKIMA:
Sam Granato, Police Chief
Yakima Police Department
200 South Third Street
Yakima, WA 98901
TO TIETON: Tony Domish, Police Chief
Tieton Police Department
402 Neches Avenue
P.O. Box 357
Na s, ashington 98947
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. Goveminq Law. This Agreement shall be govemed by and construed in
accordance with the laws of the State of Washington.
23. Arbitration. In the event an Interlocal Jail Agreement for calendar year
2007 is desired by both parties but the parties cannot agree upon the terms of said
agreement by March 31, 2007, the proposed new agreement shall automatically be
submitted to binding arbitration as provided herein and without notice. From January 1,
2007 until such time as an agreement is reached or until an arbitration award is made,
this contract shall remain in full force and effect; provided however, that any rate
structure for jail services that is agreed upon or awarded in arbitration shall be
retroactive to January 1, 2007. The arbitration shall proceed as follows: the parties shall
attempt to name a single arbitrator by April 15, 2007. In the event that the parties
cannot agree on a single arbitrator by said time, each party shall appoint one arbitrator
by April 30, 2007. The two appointed arbitrators shall then mutually agree on a third
arbitrator to chair the arbitration panel. The arbitration panel shall thereafter decide the
dispute by majority rule and render a written decision within fourteen (14) calendar days
of the arbitration hearing
24. Approval and Filing. Each party shall approve this Agreement by
resolution, ordinance or otherwise pursuant to the laws of the governing body of each
party. The attested signatures of Tieton Mayor and the Yakima City Manager below
shall constitute a presumption that such approval was properly obtained. A copy of this
Agreement shall be filed with the Yakima County Auditor's Office pursuant to RCW
39.34.040.
Interlocal Jail Agreement 7
CITY OF YAKIMA
R.A. Zais, Jr., City Manager
Date: .21' oh, b
CITY OF TIETON
Norma Joiner, Ma or
Date:
ATTEST: ATTEST:
-�.- A
Karen Roberts, City Clerk ► , City Clerk
City Contract No. o?Gblo-/? City Contract No.
Resolution No. iP-evre4,---A5 Resolution No.
Interlocal Jail Agreement 8
ATTACHMENT A
Yakima/Tieton Interlocal Jail Agreement
Rates
Interlocal Jail Agreement Rates 2006
Booking Fee None
Last Day None
Daily Housing $45.00
Daily Electronic Home Monitoring $ 4.31
Daily Electronic home Supervision None
Billing Detail
Fractionalized Billing per current practice.
No booking Fee
No last day charge unless first and last days are the same (incarceration only)
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. u
For Meeting of : v -•b 4
ITEM TITLE: Consideration of a Resolution in executing an Interlocal Jail Agreement
Between the City of Yakima and the City of Tieton.
SUBMITTED BY: Sam Granato, Chief of Police
CONTACT PERSON/TELEPHONE: Chief Granato - 575-6211
Lt. Gary Belles - 576-6393
SUMMARY EXPLANATION:
Attached is a resolution authorizing the execution of an Interlocal Jail Agreement between the
City of Yakima and the City of Tieton.
This Contract proposal will allow the City of Tieton to house their male misdemeanant
offenders in the Yakima City Jail at the rate of $45.00 a day. Its estimated that Tieton will
house between 1 or 2 inmates on a daily basis in the City Jail. The agreement also authorizes
the City of Tieton to utilize the City of Yakima's Electronic Home Monitoring (EHM) program.
Any medical costs incurred by Tieton's inmates while in our custody will be the sole
responsibility of the City of Tieton.
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 contract
authorizing the execution of this agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUPION R-2006-15