HomeMy WebLinkAboutR-2006-178 City of Wapato Interlocal Jail AgreementRESOLUTION NO. R-2006-178
A RESOLUTION authorizing the City Manager of the City of Yakima to execute an
Interlocal Jail Agreement with the City of Wapato, Washington for
the provision of jail services.
WHEREAS, the Yakima Police Department requires additional space to house
prisoners held on Yakima Municipal Court charges; and
WHEREAS, the City of Wapato is willing to provide jail services for Yakima
prisoners in accordance with the terms and conditions of the attached Interlocal Jail
Agreement; and
WHEREAS, the City of Wapato and the City of Yakima have had prior
agreements for such purpose with the most recent expiring on December 31, 2006; and
WHEREAS, the City Council of the City of Yakima deems it to be in the best
interest of the City of Yakima to enter into the attached Interlocal Jail Agreement with the
City of Wapato for the provision of jail services, 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 City of Wapato — City of
Yakima" for the provision of jail services.
ADOPTED BY THE CITY COUNCIL this 5th day ofr c b 20
em er
dler, 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").
I. RECITALS
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.
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 on January 1, 2007, and terminate on December 31,
2007, unless sooner terminated by either party in accordance with Section 13 of this Agreement.
2. Incarceration. Provided that there is available j ail/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 forty dollars ($40.00) per day for
each Yakima prisoner incarcerated in Wapato j ail 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
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 pickup of Yakima prisoners
sentenced over 30 days and transport 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 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 an 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.
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, 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 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).
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 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, 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.
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 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.
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 S. THIRD ST.
YAKIMA, WA 98901
TO WAPATO: POLICE CHIEF
WAPTO POLICE DEPARTMENT
205 SOUTH SIMCOE AVE
WAPATO, WA 98951
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
R. A. Zais, Jr. , City Manager
ATTEST
City Clerkfill
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HING3�U
City Contract No. o?DO
Resolution No. /e-o?ODIo-/7�
CITY OF WAPATO
Jesse Farias, Mayor
ATTEST
City Clerk
02 06 7
BUSINESS OF THE CITY COUNCIL
YA KI MA,WASHINGTON
AGENDA STATEMENT
Item No. # a 0
For Meeting of December 5, 2006
ITEM TITLE: Consideration of a Resolution in executing an Interlocal Jail Agreement
Between the City of Yakima and the City of Wapato.
SUBMITTED BY: Sam Granato, Chief of Police
CONTACT PERSON/TELEPHONE: Chief Granato -- 575-6211
Lt. Gary Belles -576-6547
Cynthia Martinez -575-6033
SUMMARY EXPLANATION:
Attached is a resolution authorizing the execution of an Interlocal Jail Agreement between the
City of Yakima and the City of Wapato, as the current agreement expires December 31, 2006.
This proposal will allow the City of Yakima to continue to house both male and female
misdemeanant offenders in the Wapato City Jail and will provide for a rate increase of $5.00 to
a new daily fee of $40.00 per day, per bed in order to address increased operating costs. All
other terms of the prior interlocal jail agreement will remain unchanged.
Resolution X Ordinance Other (Specify)
Contract X Mail to (name and address):
Funding Source Police Departmen General Fund Budget
APPROVED FOR SUBMITTAL: '--,,.‘. � '4
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. RESOLUTION NO.R-2006-178