HomeMy WebLinkAboutR-2007-173 2008-2009 City of Wapato Interlocal Jail AgreementA RESOLUTION
RESOLUTION NO. R-2007- 173
authorizing the City Manager of the City of Yakima to execute an
Interlocal Jail Agreement with the City of Wapato, Washington for
the provision of jail services.
WHEREAS, the Yakima Police Department requires additional space to house
prisoners held on Yakima Municipal Court charges; and
WHEREAS, the City of Wapato is willing to provide jail services for Yakima
prisoners in accordance with the terms and conditions of the attached Interlocal Jail
Agreement; and
WHEREAS, the City of Wapato and the City of Yakima have had prior
agreements for such purpose with the most recent expiring on December 31, 2007; and
WHEREAS, the City Council of the City of Yakima deems it to be in the best
interest of the City of Yakima to enter into the attached Interlocal Jail Agreement with the
City of Wapato for the provision of jail services, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to
execute the attached and incorporated "Interlocal Jail Agreement City of Wapato – City of
Yakima" for the provision of jail services.
ADOPTED BY THE CITY COUNCIL this 4th day of December, 2007.
ATTEST:
Ast_1,004) 010-02.—
City Clerk
David Edler, Mayor
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INTERLOCAL CORRECTION/DETENTION AGREEMENT
This Correction/Detention Agreement (hereinafter "Agreement") is made and entered into by and
between the City of Yakima (hereinafter "Yakima"), and the City of Wapato (hereinafter "Wapato").
I. RECITALS
WHEREAS, it is the desire and intent of Yakima, through its police department, to utilize the detention
facilities maintained by Wapato, and to compensate Wapato therefore, pursuant to the terms of this
Agreement, for the care and custody of jail prisoners of Yakima arrested and/or detained for a violation of the
Yakima Municipal Code and adopted portions of the Revised Code of Washington.
WHEREAS, in accordance with the terms and conditions herein, and where it is not an undue burden,
Wapato desires to make its jail facilities available for Yakima through the Yakima Police Department, to provide
for the care and custody of prisoners who were arrested and/ or detained for a violation of the Yakima
Municipal Code and adopted portions of the Revised Code of Washington.
WHEREAS, this Agreement is entered into by and between the parties pursuant to Chapters 39.34 and
70.48 of the Revised Code of Washington, which provide for inter -local agreements for hiring and sharing of
correction/detention facilities between local governments.
II. AGREEMENT
Therefore, in consideration of the mutual covenants, conditions and promises herein, the parties mutually
agree as follows:
1. Term. The term of this Agreement shall commence on January 1, 2008, and automatically renew on
December 31 of each year thereafter for one-year terms, unless terminated by either party in accordance with
Section 13 of this Agreement.
2. Incarceration. Provided that there is available jail/detention facility space in addition to the guaranteed
beds discussed in section 3 of this agreement, Wapato shall accept and incarcerate Yakima prisoners that are
eighteen (18) years and older, and who were arrested and/or detained by Yakima police officers for a violation
of the Yakima Municipal Code and adopted portions of the Revised Code of Washington. Wapato shall feed
and otherwise generally care for such prisoners in the same manner as its own prisoners and in the same
manner consistent with rules governing its jail. All prisoners incarcerated for Yakima by Wapato shall be
subject to all rules and regulations of Wapato governing its jail facility, including Wapato's visitation rules and
regulations. Wapato retains the right to refuse to incarcerate and/or provide any other services to Yakima
prisoners, who, as determined by Wapato, constitute a security risk or who are arrested, held or detained by
Yakima for any violent crime. Female prisoners of Yakima will be accepted for incarceration by Wapato.
3. Compensation. Yakima agrees to pay Wapato eighteen thousand dollars ($18,000.00) each month for
the guaranteed availability of 15 beds in the Wapato City Jail, of which a minimum of 10 beds per day will be
guaranteed available for Yakima female prisoners. In the event that Wapato cannot provide 15 beds, (ten of
those beds being for females) Yakima will only be obligated to pay for the beds actually used during the month
in which a guaranteed bed was not available, at the rate of thirty five dollars ($35.00) per bed. Any credit
incurred during the month shall be deducted from future payment. Any bed occupied by a Yakima prisoner in
addition to the previously mentioned fifteen beds, will cost forty dollars ($40.00) per day, for each Yakima
prisoner incarcerated in Wapato jail facilities pursuant to the terms of this Agreement. Any part of the day,
beyond six (6) hours, shall be considered a full day. Payment shall be made on the first of every month for the
rental of 15 beds that month. Payment for any additional beds during each month shall be paid with the
following month's payment. Payment shall be made for the first day of incarceration, but not for the last day of
incarceration. The charges in this section shall apply without regard to whether the prisoner has been charged,
tried, or sentenced and shall continue until Yakima notifies Wapato that the prisoner is to be released or until
the sentence has been served by the prisoner
4. Clothing and Bedding. Wapato agrees to provide each Yakima prisoner with necessary or appropriate
clothing and bedding
5. Booking Procedure. Yakima prisoners shall be booked according to the procedures and policies of
Wapato. Prisoners' personal property shall be held by Wapato and be transported with each prisoner to the
Wapato jail facility.
6. Prisoner Delivery and Notification. Wapato shall be responsible for pickup of Yakima prisoners
sentenced over 30 days and transport them to Wapato jail facilities. No person who appears to be sick or
injured shall be accepted for incarceration in Wapato jail facilities until he has received proper medical
attention. In the event an inmate arrives in Wapato appearing to be sick or injured, Yakima shall reimburse
Wapato for the proper medical attention necessary before the inmate is allowed to be housed in the jail.
Wapato shall provide Yakima with a monthly list of Yakima prisoners housed during the billing month.
7. Court Appearances. Yakima shall notify Wapato of post arraignment court appearances for the City of
Yakima prisoners housed in the Wapato City Jail a minimum of (24) twenty-four hours prior to each
appearance. Wapato shall be responsible for transporting prisoners to and from arraignments and scheduled
post arraignment court appearances held at the City of Yakima Municipal Court.
8. Medical Treatment. Wapato shall provide and furnish minor medical care, attention, and treatment to
prisoners in custody pursuant to this agreement to the same degree provided within the jail facility to its own
prisoners. All medical and dental expenses, including emergency and non -emergency medical and dental
expenses to the extent such expenses are not paid by another governmental agency or other source, shall be
paid by Yakima to the extent such treatment was authorized by Yakima; provided, however, that Wapato shall
pay for any medical expenses that are directly caused by the negligence of its officers and/or agents.
Wapato shall notify the Yakima Police Department by whatever communication system available
(telephone, radio, etc.) if a Yakima prisoner requires emergency medical or dental treatment. Wapato shall
immediately transport the prisoner to an appropriate health care facility for emergency medical or dental
treatment. Yakima shall reimburse Wapato for such transportation costs.
Wapato shall immediately notify the Yakima Police Department in writing if a Yakima prisoner requires
non -emergency medical or dental treatment at a medical, dental, or other health care facility. Non -emergency
medical or dental care will be provided only by or with the consent of Yakima. Wapato shall transport the
prisoner to an appropriate health care facility for non -emergency medical or dental treatment. "Immediate
notification" shall mean notification as soon as reasonably possible.
9. Indemnification and Hold Harmless.
a. Wapato agrees to hold harmless, indemnify, and defend Yakima, its elected officials, officers,
employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs
and expenses (including reasonable attorney's fees) (also including but not limited to claims related to alleged
mistreatment, injury, or death to any prisoner, or Toss or damage to prisoner property while in Wapato Custody)
which result from or arise out of the sole negligence of Wapato, its elected officials, officers, employees, and
agents in connection with or incidental to the performance or non-performance of this Agreement.
b. Yakima agrees to hold harmless, indemnify, and defend Wapato, its elected officials, officers,
employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs
and expenses (including reasonable attorney's fees) (also including but not limited to a claim of false arrest or
detention) which result from or arise out of the sole negligence of Yakima, its elected officials, officers,
employees, and agents in connection with or incidental to the performance or non-performance of this
Agreement.
c. In the event that the officials, officers, agents, and/or employees of both Wapato and Yakima
are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions,
claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees).
d. Nothing contained in this Section or this Agreement shall be construed to create a right of
indemnification in any third party.
10. No Insurance. It is understood Yakima does not maintain liability insurance for Wapato and/ or its
employees.
11. Uniform Alcoholism Treatment. Neither party shall be responsible to the other for those individuals
taken into protective custody by a party in accordance with RCW Chapter 70.96 A, Uniform Alcoholism and
Intoxication Treatment.
12. Implementation. The chief officer of the Yakima Police Department and of the Wapato Police
Department shall be jointly responsible for implementation and proper administration of this Agreement, and
shall refer problems of implementation to the governing body of Yakima and Wapato for resolution as
necessary.
13. Termination. Either party may terminate this Agreement, with or without cause, by providing the other
party with thirty (30) days written notice of termination.
14. Property. It is not anticipated that any real or personal property would be acquired or purchased by the
parties solely because of this Agreement.
15. Equal Opportunity. Yakima and Wapato are equal opportunity employers.
16. Nondiscrimination Provision. During the performance of this Agreement, Yakima and Wapato shall
not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political
affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be
limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training.
17. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or
transferred in whole or in part by Wapato to any other person or entity without the prior written consent of
Yakima. In the event that such prior written consent to an assignment is granted, then the assignee shall
assume all duties, obligations, and liabilities of Wapato as stated herein.
18. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held
invalid, the remainder of the Agreement shall remain in full force and effect.
19. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto of any
covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any
subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any
agreement, covenant or condition of this Agreement, or to exercise any right herein given in anyone or more
instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or
right.
20. Integration and Superseding. This Agreement sets forth all of the terms, conditions and agreements
of the parties relative to the subject matter hereof and supersedes any and all such former agreements which
are hereby declared terminated and of no further force and effect upon the execution and delivery hereof.
There are no terms, conditions, or agreements with respect thereto, except as herein provided and no
amendment or modification of this agreement shall be effective unless reduced to writing and executed by the
parties.
21. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the
parties to their addresses as follows:
TO CITY: POLICE CHIEF
YAKIMA POLICE DEPARTMENT
200 SOUTH 3RD STREET
YAKIMA, WA 98901
TO WAPATO: POLICE CHIEF
WAPTO POLICE DEPARTMENT
205 SOUTH SIMCOE AVE
WAPATO, WA 98951
or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be
sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective
when mailed or hand delivered at the addresses specified above.
22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of
the State of Washington.
23. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of
Washington for Yakima County, Washington.
24. Resolution. The City Council of each party shall adopt a resolution authorizing execution of this
agreement.
25. Filing with County Auditor. A copy of this Agreement shall be filed with the Yakima County Auditor's
Office Pursuant to RCW 39.34.040.
CITY OF YAKIMA
i
Dick Zais, City Manager
CITY OF WAP 0
Jesse Farias, Mayor
ATTEST ATTEST
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City Clerk City Clerk--TT...&siier
City Contract No.O7 /D 7
Resolution No. _,� D07 /7.3
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No 4' is F
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 Wapato. -
SUBMITTED BY. Sam Granato, Chief of Police
CONTACT PERSON/TELEPHONE: Chief Granato — 575-6211
Lt. Gary Belles -576-6547
Cynthia Martinez -575-6033
SUMMARY EXPLANATION: Attached is a resolution authorizing the execution of an Interlocal
Jail Agreement between the City of Yakima and the City of Wapato, as the current agreement
expires December 31, 2007
This proposal will allow the City of Yakima to continue to house male and female misdemeanant
offenders in the Wapato City Jail and will assure (15) fifteen inmate beds per day, including (10)
ten beds for female inmates at a rate of $18,000 per month. The proposal will also allow for the
housing of prisoners in excess of the (15) fifteen beds that are guaranteed, on a space available
basis at a rate of $40 00 per additional bed. Under the terms of the agreement, Wapato will
provide transportation to court appearances and medical treatment. All other terms of the prior
interlocal jail agreement will remain unchanged.
Resolution X Ordinance Other (Specify)
Contract X Mail to (name and address)
Funding Source
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-