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HomeMy WebLinkAboutR-2006-180 City of Sunnyside Interlocal Jail AgreementRESOLUTION NO. R-2006-180 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an Interlocal Jail Agreement with the City of Sunnyside, 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 Sunnyside 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 Sunnyside 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 Sunnyside 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 Sunnyside — City of Yakima" for the provision of jail services. ADOPTED BY THE CITY COUNCIL this 5th day of Dem mber 2006. Davi • Edler, Mayor INTERLOCAL JAIL AGREEMENT CITY OF SUNNYSIDE - CITY OF YAKIMA THIS AGREEMENT made and entered by and between the CITY OF SUNNYSIDE, Washington, a Municipal Corporation, hereinafter referred to as "Sunnyside", and the CITY OF YAKIMA, Washington, a Municipal Corporation, hereinafter referred to as "Yakima". WITNESSETH: In consideration of the mutual promises contained herein, the parties hereto mutually agree as follows: 1. PURPOSE: It is the purpose and intent of this Agreement that Sunnyside, through its police department, and Yakima, through its Police Department shall cooperate with each other for the care, keep and custody of male and female prisoners, eighteen (18) years of age and older, pursuant to the authority of RCW 39.34 and 70.48. This Agreement is intended to apply to those instances in which it is desirable for the City of Yakima Police Department, and not an undue burden on the Sunnyside Police Department, that a person be detained in the Sunnyside Law and Justice Center jail facility. 2. INCARCERATION: Sunnyside will accept and incarcerate male and female prisoners of Yakima, and will 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 the jail facility has available space. Sunnyside will not accept and incarcerate Yakima male and female prisoners in its work release program. 3. PAYMENT: a. Yakima shall pay to Sunnyside for the incarceration of Yakima's prisoners, for or in connection with a violation or alleged violation of a Yakima ordinance or State law, the sum of Thirty-eight and 50/100 ($38.50) Dollars per prisoner, per day or any portion thereof. Prisoners held three (3) days or longer shall not have the day of their release billed to Yakima. b. Sunnyside shall, by the fifteenth (15th) day of each month, send to Yakima a statement of costs incurred in the preceding month. Yakima shall cause it to be paid by the 15th day of the following month in which it is received. c. When requested to do so by Yakima representatives, Sunnyside shall make any invoices, cost records, accounts and related financial documents pertaining to this Agreement available for inspection by Yakima representatives. 4. PRISONER DELIVERY AND NOTIFICATION: Yakima, through its police department, shall be responsible for notifying Sunnyside of the date and time that any prisoner is to be released. No person who appears to be sick or injured will be accepted for booking until he/she has received proper medical attention. Sunnyside will provide transportation, if available, to pick up inmates from the Yakima Police Department or from the Yakima County Jail. 5. BOOKING PROCEDURE: Male and female prisoners will be booked by the Sunnyside Corrections Officer according to the procedures and policies of the Sunnyside Police Department by completing for each such prisoner an appropriate booking sheet with records being retained by the Sunnyside Police Department according to retention schedules per policy. Prisoner's personal property will be held and handled in the same manner as those prisoners of Sunnyside. 6. COURT APPEARANCES: Yakima is responsible for arranging transportation for court appearances before the City of Yakima Municipal Court. 7. BAIL OR FINE: Sunnyside will accept bail, fines or other money for Yakima for those prisoners held in the Sunnyside Law and Justice Center jail facility. Money so collected will be turned over to Yakima on a timely basis, but no later that forty-five (45) days after collection. 8. LIABILITY: Yakima shall defend, indemnity, and hold harmless Sunnyside, its elected officials, officers, agents, volunteers, employees, or assigns from any and all future litigation or claims of a third party that may arise from Yakima's performance or failure to perform under this Agreement, such liability shall include but is not limited to false arrest. Sunnyside shall defend, indemnify, and hold harmless Yakima, its elected officials, officers, agents, volunteers, employees, or assigns from any and all claims, demands, losses, liens, damages, actions, judgments, liabilities, penalties, fines, lawsuits, costs and expenses (including attorneys' fees) which result from, arise out of, or are incidental to Sunnyside's performance or failure to perform under this Agreement. 9. NO INSURANCE: It is understood that Yakima does not maintain liability insurance for Sunnyside and/or its officers, employees, agents, and/or subcontractors. 10. MEDICAL TREATMENT: Sunnyside will provide and furnish for Yakima prisoners confined in its jail facility that minor medical care, attention and treatment which is administered within the jail facility to its own prisoners. Yakima will bear the expense of prescription medicines and other physician, hospital, convalescent, dental or other medical care of its own prisoners confined within the jail facility under authority of this Agreement if neither the inmate nor the Washington State Department of Public Assistance, nor other source, provides payments; provided, that Sunnyside will bear the expense of any such medical care which is directly and solely necessitated by negligence on the part of its officers or agents, or other mistreatment of prisoners. 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 make all reasonable efforts to provide notice to Yakima prior to administering non-emergency medical care. Sunnyside may provide emergency medical care without prior notification to Yakima, but shall in all cases promptly inform Yakima of any medical treatment given and the costs thereof as soon as practicable thereafter. Sunnyside shall invoice Yakima on a monthly basis for all costs of medical care and treatment for which Yakima is responsible under Section 10 — Medical Treatment. 11. UNIFORM ALCOHOLISM TREATMENT: Sunnyside shall not be responsible for, nor take into custody, any individual taken into protective custody by the City of Yakima Police Department in accordance with RCW Chapter 70.96, a Uniform Alcoholism and Intoxication Treatment. 12. IMPLEMENTATION: The Sunnyside Chief of Police and the City of Yakima Police Chief will be jointly responsible for implementation and proper administration of this Agreement, and will refer problems of implementation to the governing body of the jurisdictions for resolution if necessary. 13. INTEGRATION AND MODIFICATION: 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. 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. 14. TERMINATION: Termination of this Agreement by either party may be accomplished upon 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 reason for said termination and the specific plans for accommodating the affected jail population. 15. DURATION: This Agreement shall commence on January 1, 2007 and shall terminate at midnight on December 31, 2007, unless otherwise terminated in accordance with section 14 of this Agreement. 16. 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. 17. 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 49.60) or the Americans with Disabilities Act (42 U.S.C. § 12110 et. seq.). 18. COMPLIANCE WITH LAW: Sunnyside agrees to perform all services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 19. NO THIRD -PERSON BENEFITS: This Agreement is solely for the benefit of the parties hereto, and creates no rights or benefits of any type in any third parties. 20. 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 is granted, the assignee shall assume all duties, obligations, and liabilities of Sunnyside stated herein. 21. 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. 22. SEVERABILITY: a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 23. SURVIVAL: Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 24. NOTICES: Unless stated otherwise herein, all notices and demands shall be sent or hand -delivered to the parties at their addresses as follows: TO SUNNYSIDE: CITY MANAGER 818 E. EDISON SUNNYSIDE, WA 98944 TO YAKIMA: Police Chief Yakima Police Department 200 South Third Street Yakima, WA 98901 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. 25. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 26. RESOLUTION: The City Councils of each party shall adopt a resolution authorizing the execution of this Agreement, and shall deliver the other party a copy of the same. In addition, a copy of this Agreement shall be filed with the Yakima County Auditor's Office pursuant to RCW 39.34.040. IN WITNESS WHEREOF, the parties hereto have executed this Agreement to become effective on the day and year first above mentioned. CITY OF SUNNYSIDE CITY OF YAKIMA —"IMPB : 40:1Vi tar/; B Y: Robert Stockwell, City Manager R. A. Zais, Jr., qty Manager Date: /2- 'e" 0 t, Date: FEBRUARY 13, 2007 ATTE / ATTEST: Sunnysi ' e ' ity SZ1erk Yakima City Cl CITY CONTRAC r NO: - ,) RESOLUTION NO: i/Q J( Office of the City Clerk 818 East Edison Avenue Sunnyside, Washington 98944 Office (509)837-3997, Fax (509)837-3294 I, Deborah A. Estrada, City Clerk for the City of Sunnyside, Washington, DO HEREBY CERTIFY, the attached to be a true and correct copy of the original: INTERLOCAL JAIL AGREEMENT CITY OF SUNNYSIDE — CITY OF YAKIMA The original document is on file in the office of the City Clerk, City of Sunnyside located at 818 E. Edison Avenue, Sunnyside, WA 98944. DEBO - A. ESTRADA, CITY CLERK DATED: February 14, 2007 RESOLUTION 2007-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYSIDE, WASHINGTON, APPROVING 2007 INTERLOCAL JAIL AGREEMENT WITH CITY OF YAKIMA WHEREAS, the City of Sunnyside has previously entered into reciprocal correction/detention agreements with the City of Yakima regarding incarceration of prisoners within the facilities of each entity; and WHEREAS, the City of Sunnyside and City of Yakima are empowered to enter into such agreements pursuant to the provisions of Chapters 39.34 RCW; and WHEREAS, the parties have negotiated a reciprocal correction/detention agreement for year 2007; and WHEREAS, the City Council finds and determines that approval of such agreement is in the best interests of residents of the City of Sunnyside and will promote the general health, safety and welfare. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYSIDE, WASHINGTON, as follows: Section 1. That the Interlocal Jail Agreement for 2007 a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, by and between the City of Sunnyside and City of Yakima, is here approved for the term January 1, 2007 through December 31, 2007, with such retroactive effect hereby specifically approved. Section 2. The City Manager is hereby authorized to execute and administer such agreement for and on behalf of the City of Sunnyside. Section 3. This Resolution shall be effective upon passage, approval and signatures hereon in accordance with law. PASSED this 12th day of February, 2007. � PR1LUCIK, MAYOR ATTEST: � ,l DEBORA 4. ES DA, CITY CLERK APPROVED AS TO FORM: MARK A. KUN LER, CITY ATTORNEY BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. c 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 Sunnyside. 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 Sunnyside. The proposed contract will continue the terms of the 2006 contract through the end of 2007, allowing the City of Yakima to continue to house misdemeanant offenders in the Sunnyside City Jail in exchange for a rate of $38.50 per day. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Funding Source Police Dep ment General Fund Budget 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. RESOLUTION NO.R-2006-180