HomeMy WebLinkAboutR-2007-172 2008-2009 City of Union Gap Interlocal Jail AgreementA RESOLUTION
RESOLUTION NO. R-2007-1 72
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 current Interlocal Jail Agreement expires at Midnight, December
31, 2007; 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 4th day of December 2007.
City Clerk
Page -1
David Edler, Mayor
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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.
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.
Interlocal Jail Agreement 1
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)
OPTION A 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
Interlocal Jail Agreement 2
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.
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.
Interlocal Jail Agreement 3
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 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. 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 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 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 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 ugpolicena cityofuniongap.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.
Interlocal Jail Agreement 4
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.
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 goveming
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, 2008, 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.
Interlocal JailAgreement
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 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 Almeda, 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 2009 is
desired by both parties but the parties cannot agree upon the terms of said agreement by March
31, 2009, the proposed new agreement shall automatically be submitted to binding arbitration
as provided herein and. without notice. From January 1, 2009 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, 2009. The arbitration shall proceed as follows: the
parties shall attempt to name a single arbitrator by April 15, 2009. In the event that the parties
cannot agree on a single arbitrator by said time, each party shall appoint one arbitrator by April
30, 2009. 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 6
9
CITY OF YAKIMA
CITY OF UNION GAP
ca„-ee
• R.A. Zais,Js r., City 11Nanager Aubrey Reeve-- ayor
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Date:
ATTEST:
Deborah Moore, City Clerk
City Contract No. 0007-/D/o
Resolution No gaDD7 /72
SEAL
Date: 1 2 10 - 7
ATTEST:
City Clerk
City Contract No.
Resolution No. %Dq /7
Interlocal Jail Agreement 7
ATTACHMENT A
2007 Yakima/Union Gap Interlocal Jail Agreement
Rates
Interlocal Jail Agreement Rates 2008
Booking Fee None
Last Day None
Daily Housing $46.50
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)
0
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 445
For Meeting of December 4, 2007
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 PERSONJTELEPHONE. 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 The current Agreement
isscheduled to expire at midnight, December 31, 2007
This proposed interlocal agreement will allow the City of Union Gap to continue to house its
male misdemeanant, offenders in the Yakima City Jail at the rate of $46 50 a day, under the
terms of the existing interlocal jail agreement, through 2008 This .represents an increased fee
of $1. 50 per day in order to address cost increases. The agreement also authorizes the City of
Union Gap to utilize the City of Yakima's Electronic Home Monitoring (EHM) program for a fee
of $4 65 This fee remains unchanged. Any medical costs incurred by Union Gap's inmates
while in the custody of the city of Yakima 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
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: