HomeMy WebLinkAboutR-2010-123 Interlocal Jail Agreement with the City of SunnysideRESOLUTION NO R-2010-123
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 through 2013 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, 2010; 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 2"d day of November, 2010
Micah Cawley, Mayor
ATTEST
X011 s1f4
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INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUNNYSIDE, WASHINGTON
AND CITY OF YAKIMA, WASHINGTON, FOR THE HOUSING OF INMATES
THIS INTERLOCAL AGREEMENT is made and entered into on this /3 day of
►7ec /nbe 20/0 by and between City of Yakima, Washington, hereinafter
referred to as "Yakima", and the City of Sunnyside, Washington, hereinafter
referred to as "Sunnyside", each party having been duly organized and now
existing under the laws of the State of Washington.
WITNESSETH:
WHEREAS, Sunnyside and Yakima are authorized by law to have charge and
custody of the Sunnyside City Jail and the Yakima prisoners or inmates, respectively;
and
WHEREAS, Yakima wishes to designate Sunnyside as a place of confinement
for the incarceration of one or more inmates lawfully committed to its custody; and
WHEREAS, Sunnyside is desirous of accepting and keeping in his custody such
inmate(s) in the Sunnyside Jail for a rate of compensation mutually agreed upon by the
parties hereto; and
WHEREAS, RCW 39.34.080 and other Washington law, as amended, authorizes
any city to contract with any other city/county to perform any governmental service,
activity or undertaking which each contracting city/county is authorized by law to
perform; and
WHEREAS, the governing bodies of each of the parties hereto have determined
to enter into this Agreement as authorized and provided for by RCW 39.34.080 and
other Washington law, as amended,
NOW, THEREFORE, in consideration of the above and foregoing recitals, the
payments to be made, the mutual promises and covenants herein contained, and for
other good and valuable consideration, the parties hereto agree as follows:
1. GOVERNING LAW
The parties hereto agree that, except where expressly otherwise provided, the
laws and administrative rules and regulations of the State of Washington shall govern in
any matter relating to an inmate(s) confined pursuant to this Agreement.
2. DURATION
This Agreement shall enter into full force and effect from January 1, 2011 and
end December 31, 2013, subject to earlier termination as provided by Section 3 herein.
This agreement shall be renewed automatically for like successive periods under such
terms and conditions as the parties may determine. Nothing in this Agreement shall be
construed to require Yakima to house inmates in Sunnyside continuously.
3. TERMINATION
(a) By either party. This Agreement may be terminated by written notice from
either party to the other party delivered by regular mail to the contact person identified
herein, provided that notice shall include the grounds for termination and specific plans
for accommodating the affected population. The termination shall become effective
ninety (90) days after receipt of such notice. Within said ninety (90) days, Yakima
agrees to remove its inmate(s) from Sunnyside.
(b) By Yakima due to lack of funding. The obligation of Yakima to pay
Sunnyside under the provision of this Agreement beyond the current fiscal year is
expressly made contingent upon the appropriation, budgeting availability of sufficient
funds by Yakima. In the event that such funds are not budgeted, appropriated or
otherwise made available for the purpose of payment under this Agreement at any time
after the current fiscal year, then Yakima shall have the option of terminating the
Agreement upon written notice to Sunnyside, except that all services provided to that
point shall be compensated at the agreed rate. The termination of this Agreement for
this reason will not cause any penalty to be charged to Yakima.
(c) Termination for Breach. In the event Yakima breaches or fails to perform or
observe any of the terms or conditions herein, and fails to cure such breach or default
within seven (7) days of Sunnyside giving Yakima written notice thereof, or, if not
reasonably capable of being cured within such seven (7) days, within such other period
of time as may be reasonable in the circumstances, Sunnyside may terminate Yakima's
rights under this Agreement in addition to and not in limitation of any other remedy of
Sunnyside at law or in equity, and the failure of Sunnyside to exercise such right at any
time shall not waive Sunnyside's right to terminate for any future breach or default.
(d) In the event of termination of this agreement for any reason, Yakima shall
compensate Sunnyside for prisoners housed by Sunnyside after notice of such
termination until Yakima retakes its inmates in the same manner and at the same rates
as if this agreement had not been terminated.
4. MAILING ADDRESSES
All notices, reports, and correspondence to the respective parties of this
Agreement shall be sent to the following:
To Sunnyside:
Primary Contact Person:
Secondary Contact:
To Yakima:
City of Sunnyside
818 E. Edison Avenue
Sunnyside, WA 98944
Charlotte Hinderlider, Administrative Assistant
Deborah Estrada, City Clerk
City of Yakima
129 North 2nd Street,
Yakima, WA. 98901
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Primary Contact Person: Chief Samuel Granato
Secondary Contact: Debbie Kloster, City Clerk
Notices mailed shall be deemed given on the date mailed. The Parties shall notify each
other in writing of any change of address.
5. DEFINITIONS
The Parties hereby agree that the following terms shall have the specified
meanings unless indicated otherwise herein:
(a) Day. A twenty-four hour-long unit of time commencing at 00:00:01 a.m., and
ending 23:59:59 p.m.
(b) Inmate Classifications shall be pursuant to the Sunnyside's Objective Jail
Inmate Classification System which is modeled after the National Institute of Corrections
Jail Classification System:
(i) "Minimum" classification shall apply to those inmates who
present a low risk to staff and the community.
(ii) "Medium" classification shall apply to those inmates who
present a moderate risk to staff and the community.
(iii) "Maximum" classification shall apply to those inmates who
present a substantial risk to staff and the community.
6. COMPENSATION
(a) Rates. Sunnyside agrees to accept and house Yakima inmates for
compensation per inmate at the rate of $46.77 per day for 2011, $49.10 per day for
2012 and $51.55 per day for 2013 (also see #12 below). This includes minimum and
medium classification inmates. The parties agree that Sunnyside will not charge a
separate booking fee in addition to such rate. The date of booking into the Sunnyside
Jail of Yakima inmates, no matter how little time of a twenty-four hour day it constitutes,
shall count as one day and shall be billed to Yakima as a day of custody in Sunnyside.
The date of release from Sunnyside and/or returned to Yakima, no matter how much of
a twenty-four hour day it constitutes, shall not be billed by Sunnyside against Yakima.
(b) Billing and payment. Sunnyside agrees to provide Yakima with an itemized
bill listing all names of inmates who are housed, the case/citation number, the number
of days housed (including the date and time of booking and date and time of release),
and the dollar amount due for each. Sunnyside agrees to provide said bill by the 10th of
each month. Yakima agrees to make payment to Sunnyside within 30 days of receipt of
such bill for the amount billed for the previous calendar month.
7. RIGHT OF INSPECTION
Yakima shall have the right to inspect, at all reasonable times, all Sunnyside
facilities in which inmates of Yakima are confined in order to determine if such jail
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maintains standards of confinement acceptable to Yakima and that such inmates
therein are treated equally regardless of race, religion, color, creed or national origin;
provided, however, that Sunnyside shall be obligated to manage, maintain and operate
its facilities consistent with all applicable federal, state and local laws and regulations.
8. FURLOUGHS, PASSES, AND WORK RELEASE
Sunnyside agrees that no early releases or alternatives to incarceration,
including furloughs, passes, work crews, electronic home detention or work release
shall be granted to any inmate housed pursuant to this Agreement without written
authorization by the committing court.
9. INMATE ACCOUNTS
Sunnyside shall establish and maintain an account for each inmate received from
Yakima and shall credit to such account all money which is received and shall make
disbursements, debiting such accounts in accurate amounts for the inmate's personal
needs. Disbursements shall be made in limited amounts as are reasonably necessary
for personal maintenance. Sunnyside shall be accountable to Yakima for such inmate
funds. At either the termination of this Agreement, the inmate's death, and release from
incarceration or return to either Yakima or indefinite release to the court, the inmate's
money shall be transferred to the inmate's account in care of Yakima; at such time
Yakima shall be accountable to the inmate for said funds.
10. INMATE PROPERTY
Yakima may transfer to Sunnyside only agreed amounts of personal property of
Yakima inmates recovered from or surrendered by inmates to Yakima upon booking.
11. RESPONSIBILITY FOR OFFENDER'S CUSTODY
It shall be the responsibility of Sunnyside to confine the inmate or inmates; to
provide treatment, including the furnishing of subsistence and all necessary medical and
hospital services and supplies; to provide for the inmates' physical needs; to make
available to them programs and/or treatment consistent with the individual needs; to
retain them in said custody; to supervise them; to maintain proper discipline and control;
to make certain that they receive no special privileges and that the sentence and orders
of the committing court in the State are faithfully executed; provided that nothing herein
contained shall be construed to require the City of Sunnyside, or any of its agents, to
provide service, treatment, facilities or programs for any inmates confined pursuant to
this Agreement, which it does not provide for similar inmates not confined pursuant to
this Agreement. Nothing herein shall be construed as to require Sunnyside to provide
services, treatment, facilities or programs to Yakima inmates above, beyond or in
addition to that which is required by applicable law.
12. MEDICAL SERVICES,
(a) Inmates deemed Yakima inmates shall receive such medical, psychiatric and
dental treatment when emergent and necessary to safeguard their health while housed
in Sunnyside. Sunnyside shall provide or arrange for the providing of such medical,
psychiatric and dental services. Except for routine minor medical services provided in
the Sunnyside Jail, Yakima shall pay directly or reimburse Sunnyside for any and all
costs associated with the delivery of any emergency and/or major medical service
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provided to Yakima inmates. Yakima shall be responsible for any and all emergent
medical, dental and psychiatric treatment provided outside of the Sunnyside Jail and
shall be billed therefore.
(b) An adequate record of all such services shall be kept by Sunnyside for
Yakima's review at its request, to the extent consistent with confidentiality regulations.
Any medical or dental services of major consequence shall be reported to Yakima as
soon as time permits.
(c) Should medical, psychiatric or dental services require hospitalization, Yakima
agrees to compensate Sunnyside dollar for dollar any amount expended or cost
incurred in providing the same; provided that, except in emergencies, Yakima will be
notified by contacting the duty supervisor at Yakima prior to the inmate's transfer to a
hospital, if and when circumstances allow, or as soon afterward as practicable.
13. DISCIPLINE
Sunnyside shall have physical control over and power to execute disciplinary
authority over all inmates of Yakima. However, nothing contained herein shall be
construed to authorize or permit the imposition of a type of discipline prohibited by
applicable law.
14. RECORDS AND REPORTS
(a) Yakima shall forward to Sunnyside before or at the time of delivery of each
inmate; a copy of all inmate records pertaining to the inmate's present incarceration. If
additional information is requested regarding a particular inmate, the parties shall
mutually cooperate to provide any additional information in a timely manner.
(b) Sunnyside shall keep all necessary and pertinent records concerning such
inmates in the manner mutually agreed upon by the parties hereto. During an inmate's
confinement in Sunnyside, Yakima shall upon request be entitled to receive and be
furnished with copies of any report or record associated with said inmate(s)
incarceration.
15. REMOVAL FROM THE JAIL
An inmate of Yakima legally confined in Sunnyside shall not be removed there
from by any person without written authorization from Yakima or by order of any court
having jurisdiction. Yakima hereby designates the Corrections Lieutenant as the official
authorized to direct Sunnyside to remove Yakima inmates from the Sunnyside Jail.
Sunnyside agrees that no early releases or alternatives to incarceration, including
furloughs, passes, work release, work crews or electronic home detention shall be
granted to any inmate without written authorization from the committing court. This
paragraph shall not apply to an emergency necessitating the immediate removal of the
inmate for medical, dental, psychiatric treatment or other catastrophic condition
presenting an eminent danger to the safety of the inmate or to the inmates or personnel
of Sunnyside In the event of any such emergency removal, Sunnyside shall inform
Yakima of the whereabouts of the inmate or inmates so removed, at the earliest
practicable time, and shall exercise all reasonable care for the safe keeping and
custody of such inmate or inmates.
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16. ESCAPES
In the event any Yakima inmate escapes from Sunnyside's custody, Sunnyside
will use all reasonable means to recapture the inmate. The escape shall be reported
immediately to Yakima. Sunnyside shall have the primary responsibility for and
authority to direct the pursuit and retaking of the inmate or inmates within its own
territory. Any cost in connection therewith shall be chargeable to and borne by
Sunnyside; however, Sunnyside shall not be required to expend unreasonable amounts
to pursue and return inmates from other counties, states or other countries.
17. DEATH OF AN INMATE
(a) In the event of the death of a Yakima inmate, the City of Sunnyside's
Coroner shall be notified. Yakima shall receive copies of any records made
at or in connection with such notification.
(b) Sunnyside shall immediately notify Yakima of the death of a Yakima inmate
furnish information as requested and follow the instructions of Yakima with
regard to the disposition of the body. Yakima hereby designates the
Correction Lieutenant and the Undersheriff as the officials authorized to
request information from and provide instructions to Sunnyside regarding
deceased inmates. The body shall not be released except on written order
of said appropriate official(s) of Yakima. Written notice shall be provided
within three weekdays of receipt by Yakima of notice of such death. All
expenses relative to any necessary preparation of the body and shipment
charges shall be paid by Yakima. With Yakima's consent, Sunnyside may
arrange for burial and all matters related or incidental thereto, and all such
expenses shall be paid by Yakima. The provisions of this paragraph shall
govern only the relations between or among the parties hereto and shall not
affect the liability of any relative or other person for the disposition of the
deceased or for any expenses connected therewith.
(c) Yakima shall receive a certified copy of the death certificate for any of its
inmates who have died while in the City of Sunnyside's custody.
18. RETAKING OF INMATES
Upon request from Sunnyside, Yakima shall, at its expense, retake any Yakima
inmate within thirty-six (36) hours after receipt of such request. In the event the
confinement of any Yakima inmate is terminated for any reason, Yakima shall, at its
expense, retake such inmate at the Sunnyside Facility.
19. HOLD HARMLESS AND INDEMNIFICATION
Sunnyside agrees to hold harmless, indemnify and defend Yakima, its officers,
agents and employees, from and against any and all claims, losses, or liability, for
injuries, sickness or death of persons, or damage to property, arising out of any willful
misconduct or negligent act, error, or omission of Sunnyside, its officials, its officers,
agents, volunteers, or employees, in connection with the services required by this
agreement, provided, however, that:
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(a) Sunnyside's obligations to indemnify, defend and hold harmless shall not
extend to injuries, sickness, death or damage caused by or resulting from the sole willful
misconduct or negligence of Yakima, its officials, agents, officers, employees, or
volunteers; and
(b) In the event that the officials, agents, officers, and/or employees of both
Yakima and Sunnyside 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
(e) The terms of section 19 "HOLD HARMLESS AND INDEMNIFICATION"
shall survive the termination or expiration of this Agreement.
20. RIGHT OF REFUSAL AND TRANSPORTATION
(a) Sunnyside shall have the right to refuse to accept any inmate from Yakima
when, in the opinion of Sunnyside, its inmate census is at capacity that there is a
substantial risk that, through usual operation of the jail, the reasonable operational
capacity limits of the jail might be reach or exceeded.
(b) Sunnyside shall further have the right to refuse to accept any inmate from
Yakima who, in the judgment of Sunnyside, has a current illness or injury which may
adversely affect the operations of the Sunnyside Jail, has a history of serious medical
problems, presents a substantial risk of escape, or presents a substantial risk of injury
to other persons or property, or is classified as a maximum security inmate pursuant to
Sunnyside's Objective Jail Classification System.
(c) Yakima prisoners incarcerated in Sunnyside pursuant to this Agreement shall
be transported to Sunnyside by and at the expense of Sunnyside and shall be returned,
if necessary, to Yakima by Sunnyside personnel and at the Sunnyside's expense
provided that notice of the necessity of transport is received by Sunnyside three (3)
days prior to time of expected transport.
21. INDEPENDENT CONTRACTOR
In providing services under this contract, Sunnyside is an independent contractor
and neither it nor its officers, agents or employees are employees of Yakima for any
purpose, including responsibility for any federal or state tax, industrial insurance or
Social Security liability. Neither shall the provision of services under this Agreement
give rise to any claim of career service or civil service rights, which may accrue to an
employee of Yakima under any applicable law, rule or regulation.
22. GENERAL PROVISIONS
(a) Severability. In the event any provisions of this Agreement shall be
determined to be unenforceable or otherwise invalid for any reason, such provisions
shall be enforced and valid to the extent permitted by law. All provisions of this
Agreement are severable and the unenforceability or invalidity of a single provision
herein shall not effect the remaining provisions.
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(b) Governing Law and Venue. This Agreement shall be governed by the
laws of the State of Washington and venue for any lawsuit shall be in the Yakima
County Superior Court.
(c) Attorney's Fees. In the event it is necessary for either party to utilize the
services of an attorney to enforce any of the terms or this Agreement, such enforcing
party shall be entitled to compensation for its reasonable attorney's fees and costs. In
the event of litigation regarding any terms of this Agreement, the substantially prevailing
party shall be entitled, in addition to other relief, to such reasonable attorney's fees and
costs as determined by the Court.
(d) Waiver of Breach. The waiver by either party of the breach of any
provision of this Agreement by the other party must be in writing and shall not operate
nor be construed as a waiver of any subsequent breach by such other party.
(e) Savings Clause Nothing in this Agreement shall be construed so as to
require the commission of any act contrary to law, and wherever there is any conflict
between any provisions of this Agreement and any statute, law, public regulation or
ordinance, the latter shall prevail, but in such event, the provisions of this Agreement
affected shall be curtailed and limited only the extent necessary to bring it within legal
requirements.
(f) Filing. This Agreement shall be filed with the City of Sunnyside Auditor's
Office pursuant to RCW 39.34.040.
23. INTERPRETATION
This Agreement has been submitted to the scrutiny of all parties and their
counsel, if desired, and it shall be given a fair and reasonable interpretation in
accordance with its words, without consideration or weight given to its being drafted by
any party or its counsel. All words used in the singular shall include the plural; the
present tense shall include the future tense; and the masculine gender shall include the
feminine and neutral gender.
24. ACCESS TO RECORDS CLAUSE
The parties hereby agree that authorized representatives of the parties shall
access to any books, documents, paper and record of the other party which are
pertinent to this Agreement for the purposes of making audits, examinations, excerpts
and transcriptions. All such records and all other records pertinent to this Agreement
and work undertaken pursuant to this Agreement shall be retained by the parties for a
period of three years after the final expiration date of this Agreement or any
amendments hereto, unless a longer period is required to resolve audit, findings or
litigation. In such cases, the parties may expressly agree by an amendment or separate
agreement for such longer period for record retention.
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25. ENTIRE AGREEMENT
This Agreement represents
and Sunnyside and supersedes all
either written or oral.
IN WITNESS WHEREOF,
executed in duplicate by the parties
above written:
CITY OF SUNNYSIDE
By:
the entire integrated Agreement between Yakima
prior negotiations, representations or agreements,
the above and foregoing Agreement has been
hereto and made effective on the day and year first
Mark Gervasi, City Manager
ATTESIA 0040/
Deborah . E ada, City Clerk
APPROVED AS TO FORM:
Menke Jackson Beyer Ehlis and
Harper, LLP, Attorneys At Law
CITY OF YAKIMA
A
By:
R. A. Za , Jr., City Manager
9
ATTEST:
Deborah Kloster, Cit
APPROVED AS TO FORM:
N1'
CITY CONTRAC f NO:
RESOLUTION NO:
•
•
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No
For Meeting of November 2, 2010
ITEM TITLE Consideration of a Resolution authorizing execution of 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
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 City of Yakima does not have sufficient jail capacity to house the necessary number of
misdemeanor offenders in the Yakima City Jail The proposed contract will allow the City of
Yakima to continue to house excess misdemeanor offenders in the Sunnyside City Jail for a
daily per bed rate of $46 77 (2011), $49 10 (2012), and $51 55 (2013) through the end of
2013
Resolution X Ordinance Other (Specify)
Contract X Mail to (name and address)
Funding Source
APPROVED FOR SUBMITTAL.
City Manager
STAFF RECOMMENDATION Staff recommends the Council adopt the Resolution
authorizing execution of this agreement.
BOARD/COMMISSION RECOMMENDATION
COUNCIL ACTION
AMENDMENT NO. 1
INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUNNYSIDE, WASHINGTON
AND CITY OF YAKIMA, WASHINGTON, FOR THE HOUSING OF INMATES :
ORiGUt 1/ or a
In accordance with RCW 35A.121.130:
Section 3(a) is hereby repealed and replaced as follows:
3. TERMINATION
(a) By either party. This Agreement may be terminated by written notice from
either party 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. The notice must be delivered by
regular mail delivered by regular mail to the contact person identified herein.
Termination shall become effective ninety (90) working days after receipt of such
notice. Within said ninety (90) days, Yakima agrees to remove its inmates from
Su nnyside.
Section 17(a) is hereby repealed and replaced as follows:
17. DEATH OF AN INMATE
(a) In the event of the death of a Yakima inmate, the Yakima County Coroner
shall be notified. Yakima shall receive copies of any records made at or in
connection with such notification.
Section 19 is hereby repealed and replaced as follows:
19. HOLD HARMLESS AND INDEMNIFICATION
(a) Nothing contained in this Section or this Agreement shall be construed to
create a right of indemnification in any third party.
(b) The terms of section 19 shall survive the termination or expiration of this
Agreement.
19.1 SUNNYSIDE - HOLD HARMLESS AND INDEMNIFICATION
Sunnyside agrees to hold harmless, indemnify and defend Yakima, its officers,
agents and employees, from and against any and all claims, losses, or liability, for
injuries, sickness or death of persons, or damage to property, arising out of any
willful misconduct or negligent act, error, or omission of Sunnyside, its officials, its
officials, officers, agents, volunteers, or employees, in connection with the services
required by this agreement, provided, however, that:
(a) Sunnyside's obligations to indemnify, defend and hold harmless shall not
extend to injuries, sickness, death or damage caused by or resulting from the sole
willful misconduct or negligence of Yakima, its officials, agents, officers, employees,
or volunteers; and
(b) In the event that the officials, agents, officers, and/or employees of both
Yakima and Sunnyside 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).
19.2 YAKIMA - HOLD HARMLESS AND INDEMNIFICATION
Yakima agrees to hold harmless, indemnify and defend Sunnyside, its officers,
agents and employees, from and against any and all claims, losses, or liability, for
injuries, sickness or death of person, or damage to property, arising out of any willful
misconduct or negligent act, error, or omission of Yakima, its officials, officers,
agents or employees, in connection with the services required by this agreement,
provided however, that:
(c) Yakima's obligations to indemnify, defend and hold harmless shall not extend
to injuries, sickness, death or damage caused by or resulting from the sole willful
misconduct or negligence of Sunnyside, its agents, officers, employees or
volunteers; and
(d) In the event that the officials, agents, officers, and/or employees of both
Yakima and Sunnyside 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).
Section 22(f) is hereby repealed and replaced as follows:
22. GENERAL PROVISIONS
(f) Filing. This Agreement shall be filed with the Yakima County Auditor's Office
or, alternatively, listed by subject on each or either party's web site or other
electronically retrievable public source, pursuant to RCW 39.34.040.
IN WITNESS WHEREOF, the above and foregoing Amendment has been executed
in duplicate by the parties hereto and made effective on the day and year first above written.
CITY OF SUNNYSIDE
Mark J. Gerva . i, City anager
ATTEST:
Debo . - A. strada, City Clerk
CITY OF YAKIMA
R. A. Zais, Jr., City �;'f-ger
\-}
Debora Kloster, City Clerk