HomeMy WebLinkAboutR-2007-170 2008-2009 City of Tieton Interlocal Jail Agreement-i;
A RESOLUTION
RESOLUTION NO. R-2007- 170
authorizing and directing the City Manager of the City of Yakima to
execute an Interlocal Jail Agreement with the City of Tieton to allow the
City of Yakima to continue to house prisoners of the City of Tieton at the
Yakima City Jail.
WHEREAS, Chapter 39.34 of the Revised Code of Washington, entitled "Interlocal
Cooperation Act," permits local govemmental 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 Tieton 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
Tieton 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 Tieton to enter into the proposed Interlocal Jail Agreement authorizing the City of
Yakima to house City of Tieton 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
Tieton authorizing the City of Yakima to house Tieton prisoners in the Yakima City Jail in
exchange for payment of a fee.
ADOPTED BY THE CITY COUNCIL this 4th day of December, 2007.
ATTEST:
City Clerk
Page -1
avid Edier, Mayor
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 Tieton (hereinafter
"Tieton").
WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize Tieton and Yakima to enter
into a contract for jail services that specifies the responsibilities of each party.
WHEREAS, Tieton, through its Police Department, City Council, or Mayor desires to
utilize the jail facilities maintained by Yakima for the detention of some Tieton 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 Tieton for the detention of some Tieton 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 Tieton, 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 Tieton
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 Tieton
Police Chief or the Mayor of Tieton, 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. Tieton 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
Tieton 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
Interlocal Jail Agreement 1
r
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
Tieton charges. For example: if a prisoner is held by Yakima pursuant to Tieton, 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, Tieton 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. Tieton elects the home detention option indicated below.
Option A: If Tieton so elects, Yakima will provide home detention electronic monitoring and
reporting services to Tieton 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 Tieton
prisoners eligible for home detention shall be referred to Yakima's home detention program. If
Option A is selected Tieton 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 Tieton 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 Tieton for these services, but Tieton agrees to allow Yakima to
collect and keep all participant and other revenues and fees associated with providing home
detention services.
TIETON 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 Tieton'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
Tieton 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. Tieton 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.
Interlocal Jail Agreement 2
4.4 Affirmative Denial. Tieton agrees that Yakima may assume that all inmates
committed by Tieton 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 Tieton ordinance does not allow such option. Yakima
agrees that it will make a good faith effort to select the correctional option for Tieton prisoners
that presents the lowest cost for Tieton.
5. Prisoner Delivery and Notification.
5.1 Tieton shall deliver male prisoners to Yakima City Jail. At the time of delivery,
Tieton 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, Tieton 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
Tieton 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 Tieton 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 Tieton 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 Tieton 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 Tieton
prisoners held pursuant to this Agreement for the applicable Court appearances. Under all
other circumstances, Tieton shall be responsible for arranging and delivering Tieton 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 Tieton agree to make their best efforts to develop and
implement a procedure for conducting video arraignments of Tieton 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.
Interlocal Jail Agreement 3
9. Hold Harmless.
a. Yakima agrees to hold harmless, indemnify, and defend Tieton, 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. Tieton 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 attomey'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 Tieton, its elected officials, officers, employees, and
agents in connection with or incidental to the performance or non-performance of Tieton's
services, duties and obligations under this Agreement.
c. In the event that the officials, officers, agents, and/or employees of both Yakima
and Tieton 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 Tieton prisoner, notify the Office of the Tieton Chief of Police if a Tieton 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 the Tieton Chief of Police
telephonically at (509) 673-3162 and by e -mailing notice to 601tieton@centurytel.net, or such
alternate e-mail addresses as Tieton shall provide in writing. If neither the inmate nor the
Washington State Department of Social and Health Services, nor other source provides
payment, Tieton 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 Tieton Ordinance, or (2) for
other charges initiated by Tieton until the charges are disposed of by sentencing or otherwise;
provided, that Yakima shall bear such expenses if it fails to notify Tieton 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
Interlocal Jail Agreement 4
equal basis between the respective jurisdictions. For example: if a prisoner is held by Yakima
pursuant to Tieton, 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 Tieton 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 Tieton 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 31st, 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 Tieton. 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.
Interlocal Jail Agreement 5
20. integration. This written document constitutes the entire Agreement between
Tieton 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:
Sam Granato, Police Chief
Yakima Police Department
200 South Third Street.
Yakima, WA 98901 •
TO TIETON: • Jeff Ketchum, Police Chief
Tieton Police Department
402 Naches Avenue
P.O. Box 357
Naches, Washington 98947
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 Tieton 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
iI
CITY OF YAKIMA
Date:
R.A. Zais, Jr., City Manager
121C/67
CITY OF TIETON
Norma Jo ► er , Mayor
Date: //,--b/10-7
ATTEST: ATTEST:
Deborah Moore, City Clerk
City Contract No. ,2D07 /O 4/
Resolution No. R o?DD7-/7D
City Contract No. ,
Resolution No.
Interlocal Jail Agreement 7
I i
ATTACHMENT A
Yakima/Tieton 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)
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. *IS C -
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 Tieton.
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 Tieton. The current Agreement is
scheduled to expire at midnight, December 31, 2007
The proposed interlocal agreement will allow the City of Tieton 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 Tieton 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 Tieton's inmates while in the custody of
the City of Yakima will be the sole responsibility of the City of Tieton.
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
0 COUNCIL ACTION.