HomeMy WebLinkAboutR-2006-181 City of Union Gap Interlocal Jail AgreementRESOLUTION NO. R-2006- 181
A RESOLUTION authorizing and directing the City Manager of the City of Yakima
to execute an Interlocal Jail Agreement with the City of Union Gap
to allow the City of Yakima to house prisoners of the City of
Union Gap 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 Union Gap 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 Union Gap 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 Union Gap to enter into the proposed Interlocal Jail
Agreement authorizing the City of Yakima to house City of Union Gap 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 Union Gap authorizing the City of Yakima to house Union Gap
prisoners in the Yakima City Jail in exchange for payment of a fee.
ADOPTED BY THE CITY COUNCIL this 5th day of December 2006.
Davi • Edler, Mayor
ATTEST:
Page -1
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
Union Gap (hereinafter "Union Gap").
WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize Union Gap and
Yakima to enter into a contract for jail services that specifies the responsibilities of each
party.
WHEREAS, Union Gap, through its Police Department, City Council, or Mayor
desires to utilize the jail facilities maintained by Yakima for the detention of some Union
Gap 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 Union Gap for the detention of
some Union Gap 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 Union Gap, 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
Union Gap 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
Union Gap Police Chief or the Mayor of Union Gap, 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
City of Union Gap Contract #2006-42
4.1 Daily Rate for Incarceration. Union Gap 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 Union Gap 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 Union Gap charges. For example: if a
prisoner is held by Yakima pursuant to Union Gap, 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, Union
Gap 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. Union Gap elects the home detention option indicated below.
Option A: If Union Gap so elects, Yakima will provide home detention electronic
monitoring and reporting services to Union Gap 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 Union Gap prisoners eligible for home
detention shall be referred to Yakima's home detention program. If Option A is selected
Union Gap 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 Union Gap 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 Union Gap for these
services, but Union Gap agrees to allow Yakima to collect and keep all participant and
other revenues and fees associated with providing home detention services.
UNION GAP HEREBY ELECTS THE FOLLOWING HOME DETENTION
OPTION (Please initial one)
Interlocal Jail Agreement 2
OPTION A i< OPTION B
b. Yakima shall maintain reasonable access to a sufficient supply of field
monitoring device (FMD) equipment needed to meet Union Gap'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 Union Gap 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. Union Gap 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. Union Gap agrees that Yakima may assume that all
inmates committed by Union Gap 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 Union Gap ordinance
does not allow such option. Yakima agrees that it will make a good faith effort!to select
the correctional option for Union Gap prisoners that presents the lowest cost for Union
Gap.
5. Prisoner Delivery and Notification.
5.1 Union Gap shall deliver male prisoners to Yakima City Jail. At the time of
delivery, Union Gap 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, Union Gap 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 Union Gap 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 Union Gap 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 Union Gap related to that prisoner.
Interlocal Jail Agreement 3
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
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 Union Gap 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 Union Gap prisoners held pursuant to this Agreement for the applicable Court
appearances. Under all other circumstances, Union Gap shall be responsible for
arranging and delivering Union Gap 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 Union Gap agree to make their best efforts to develop
and implement a procedure for conducting video arraignments of Union Gap 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 Union Gap, its
elected officials, officers, employees, and agents from and against any and all suits,
actions, claims, liability, damages, judgments, costs and expenses (including
reasonable attomey'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. Union Gap 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 a claim of false arrest or
detention or excessive force) which result from or arise out of the sole negligence of
Union Gap, its elected officials, officers, employees, and agents in connection with or
Interlocal Jail Agreement 4
incidental to the performance or non-performance of Union Gap's services, duties and
obligations under this Agreement.
c. In the event that the officials, officers, agents, and/or employees of both
Yakima and Union Gap 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 attomey'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 Union Gap prisoner, notify the Office of the Union Gap
Chief of Police if a Union Gap 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 Union Gap Chief of Police telephonically at (509) 248-0430 and by e -
mailing notice to ugpolice(cD_citvofuniongap.com, or such alternate e-mail addresses as
Union Gap shall provide in writing. If neither the inmate nor the Washington State
Department of Social and Health Services, nor other source provides payment, Union
Gap 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 Union
Gap Ordinance, or (2) for other charges initiated by Union Gap until the charges are
disposed of by sentencing or otherwise; provided, that Yakima shall bear such
expenses if it fails to notify Union Gap 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 Union Gap, 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.
Interlocal Jail Agreement 5
12. Implementation. The City of Yakima Chief of Police and the City of
Union Gap Chief of Police, or their designees, shall be jointly responsible for
implementation and proper administration of this Agreement and will refer problems of
implementation to the governing bodies of the City of Yakima and the City Union Gap
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 31, 2007, 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 Union Gap. 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 Union Gap and Yakima. There are no other oral or written Agreements
Interlocal Jail Agreement 6
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.
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:
TO UNION GAP:
Sam Granato, Police Chief
Yakima Police Department
200 South Third Street
Yakima, WA 98901
Robert Alameda, Police Chief
Union Gap Police Department
1800 Rainier Place
Union Gap, WA 98903
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. Arbitration. In the event an Interlocal Jail Agreement for calendar year
2008 is desired by both parties but the parties cannot agree upon the terms of said
agreement by March 31, 2008, the proposed new agreement shall automatically be
submitted to binding arbitration as provided herein and without notice. From January 1,
2008 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, 2008. 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, 2008. 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 Union Gap 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
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 Union Gap 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.
CITY OF YAKIMA CITY OF UNION GAP
R.A. Zais, Jr., City Manager
Aubr eeves, Mayor
Date: /2" 8 Date: 1a.-3-o(p
ATTEST:
Deborah J. Moor City Clerk
City Contract No. nook, - /Q y
ResolutiorkNo. jA0
ATTEST:
City Contract No.
Resolution No. la tiS
Interlocal Jail Agreement 8
ATTACHMENT A
2007 Yakima/Union Gap Interlocal Jail Agreement
Rates
Interlocal Jail Agreement Rates 2005 and 2006
Booking Fee None
Last Day None
Daily Housing $45.00
Daily Electronic Home Monitoring $ 4.65
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)
CITY OF UNION GAP, WASHINGTON
RESOLUTION NO. 645
A RESOLUTION authorizing the Mayor to execute an Interlocal Jail Agreement with
the City of Yakima.
WHEREAS, City of Union Gap is concerned with increasing jail costs, and in
maintaining efficiency in booking prisoners, while also maintaining options to insure that jail
space is available to the City; and
WHEREAS, the City of Union Gap desires to renew the existing jail agreement with
City of Yakima; and
WHEREAS, City of Yakima has available jail space at a reasonable cost, and has
efficient booking procedures;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UNION GAP,
WASHINGTON, HEREBY RESOLVES as follows:
The Mayor is authorized to execute the attached Interlocal Jail Agreement with the City
of Yakima, which expires December 31, 2007.
PASSED this 11th day of December 2006.
c.�
Au C. Reeves, Jr.
Mayor
ATTEST: APPROVED AS TO FORM:
`tc\c ., ,Y„ ►sv,,, , CAnn.Cr
Kathryn Thompson, CMC
City Clerk
Robert F. Noe
City Attorney
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. _g -c-
For
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 Union Gap.
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 Union Gap.
This Contract proposal will renew the existing interlocal agreement allowing the City of Union
Gap to house their male misdemeanant offenders in the Yakima City Jail at the rate of $45.00
a day. It's estimated that Union Gap will house between 6 or 7 inmates on a daily basis in the
City Jail. The agreement also authorizes the City of Union Gap to utilize the City of Yakima's
Electronic Home Monitoring (EHM) program. Any medical costs incurred by Union Gap's
inmates while in our custody will be the sole responsibility of the City of Union Gap.
Resolution X Ordinance Other (Specify}
Contract X Mail to (name and address):
Funding Source Police Departt 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-2006-181