HomeMy WebLinkAboutR-2007-168 2008-2009 Yakima County Interlocal Jail AgreementA RESOLUTION
RESOLUTION NO. R -2007-1J
authorizing and directing the City Manager of the City of Yakima to execute
an Interlocal Corrections/Detention Agreement with Yakima County for the
provision of jail detention services during 2008 and 2009.
WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize the City of Yakima and Yakima
County to enter into a contract for jail services that specifies the responsibilities of each party;
and
WHEREAS, under said statutes the County has been providing jail detention services to
the City for many years pursuant to previous jail detention services contracts; and
WHEREAS, the current jail detention service contract expires at midnight, December 31,
2007; and
WHEREAS, the County desires to continue providing the City with jail detention services
during 2008 and 2009; and
WHEREAS, the City, through its Police Department, desires to continue to utilize the jail
facilities maintained by the County for the detention of some City prisoners, and to reasonably
compensate the County for the care and custody of said prisoners; and
WHEREAS, the County, through its Department of Corrections, is willing to continue to
make its jail facilities available to the City for the detention of some City prisoners in accordance
with terms and conditions of the attached Interlocal Corrections/Detention Agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
contract with Yakima County for jail detention services in accordance with the terms and
conditions of the attached Interlocal Corrections/Detention Agreement, 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 Corrections/Detention Agreement with Yakima County for
the provision of jail detention services during 2008 and 2009.
ADOPTED BY THE CITY COUNCIL this 4th day of December, 2007.
ATTEST:
David Ed er, Mayor
City Clerk
2008-2009 INTERLOCAL
CORRECTIONS/DETENTION AGREEMENT
THIS INTERLOCAL CORRECTIONS/DETENTION AGREEMENT (hereinafter
"Agreement") is made and entered into by and between Yakima County (hereinafter the
"County") and the City of Yakima (hereinafter the "City / Town").
WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize the City and the
County to enter into a contract for jail services that specifies the responsibilities of each
party.
WHEREAS, the City / Town, through its Police Department, City / Town
Manager, or Mayor desires to continue to utilize the jail facilities maintained by the
County for the detention of some City / Town prisoners, and to reasonably compensate
the County for the care and custody of said prisoners.
WHEREAS, the County, through its Department of Corrections, desires to
continue to make its jail facilities available to the City / Town for the detention of some
City / Town 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 the County, through the
Department of Corrections, and the City / Town, through its Police Department, City
/ Town Manager, 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 / Town ordinance, be held under the control
and/or custody of the Yakima County Department of Corrections.
2. Incarceration. The County shall accept and incarcerate male and female prisoners
of the City / Town 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 Director of the Department of Corrections and the City /
Town Police Chief, City / Town Manager or Mayor shall meet by November 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.
Interlocal Jail Agreement 1
4
4. Charges and Other Services.
4.1. Daily Rate for Incarceration. The City / Town shall pay the County a daily rate
for each day or partial day for each prisoner that is incarcerated in the Yakima
County Jail for violation or alleged violation of a misdemeanor or gross
misdemeanor referred from their respective jurisdiction, whether filed under
State law or City / Town ordinance; provided, however, that the City / Town will
not be obligated to pay the County for the last day of incarceration unless the
first and last days are the same; and provided further that the City / Town shall
not be obligated to pay for incarceration of prisoners charged with any offense
initially filed by the prosecuting attorney as a felony offense or an attempt to
commit a felony offense. The daily rate for the duration of this Agreement will
be per day, per inmate according to attachment A, except for inmates in the
Work Ethic Detention Center program described in Section 4.3.4.
4.2. Fractionalized Fees. In the event a prisoner is held in custody by the County
pursuant to this Agreement, and that prisoner is also held in custody at the
same time by the County on the basis of State and/or local agency criminal
charges, the daily incarceration rate, and all other fees (work ethic detention
fees, electronic monitoring charges, medical treatment fees, pre-trial
supervision 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 City / Town charges. For example: if a prisoner is
held by the County pursuant to City / Town, County, and a third agency's
charges, the booking fee, 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. For purposes of this paragraph, the State of Washington
and Yakima County shall be considered one entity.
4.3. Inmate Work Crews. Inmate work crews will be contracted through a separate
agreement.
4.4. Home Detention. Two home detention services are available for the City's
prisoners.
Option A: The County will provide home detention electronic monitoring and
reporting services to the City / Town 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 the City. ;or
Option B: The County 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 the County's program policies, procedures
and practices. In this case, there will be no daily rate charged to the City / Town
for these services, but the City / Town agrees to allow the County to collect and
keep all participant and other revenues and fees associated with providing home
detention services.
Interlocal Jail Agreement 2
4.4.1. The County shall maintain reasonable access to a sufficient supply of
field monitoring device (FMD) equipment needed to meet the City / Town
home detention service needs. The County shall keep and maintain such
equipment in good working order and shall update the equipment as
necessary. The County shall also make reasonable efforts to provide the
City / Town with additional monitoring capabilities, including but not limited
to: alpha numeric paging notification, alcohol sensors, daily fax on each
monitored defendant, and automated notification regarding monitored
defendants who are not in compliance with the home detention monitoring
program.
4.4.2. The City / Town shall not be liable to the County for the loss of or damage
to monitoring equipment caused by defendants and/or offenders provided
by the County pursuant to this Agreement. Rather, the County shall seek
compensation for lost or damaged monitoring equipment from those
monitored defendants and/or offenders who lose or damage such
equipment.
4.5. Pretrial Supervision Program. The City / Town shall pay the County a daily rate
for each day or partial day for each City / Town prisoner that is in the Pretrial
Supervision program. The daily rate for the duration of this Agreement will be
according to attachment A per day per inmate. Pretrial Supervision is not
available if your inmate not housed in the Yakima County Jail at the time of
screening to determine acceptability.
4.6. Work Ethic Detention. The County is authorized to place City / Town prisoners
who are in County custody in the County's Work Ethic Detention program at the
County's discretion. This program shall be operated by mutual agreement and
in full compliance with the County's program polices, procedures and practices.
The daily rate for inmates participating in the Work Ethic Detention Center
program shall be per day according to attachment A.
4.7. Affirmative Denial. The City / Town agrees that the County may assume that all
inmates committed by the City's / Town's applicable Court are eligible for all
correctional options specified in this Agreement unless the applicable Court's
disposition specifically denies such eligibility.
4.8. Access to County Computer System. The County shall permit the City / Town
continuous access to its computer database regarding any and all City / Town
prisoners detained by the County. This continuous access feature shall be
accomplished through.a computer link between a computer(s) designated by the
City / Town at the Police Station/Legal Center and appropriate computer(s) of
the County.
5. Prisoner Delivery and Notification.
5.1. When it becomes necessary to incarcerate City / Town prisoners in the County
due to City / Town Detention Facility space limitations or for other reasons, the
Interlocal Jail Agreement 3
City / Town shall deliver such prisoners to the County Jail or if available, make
use of the Lower Valley Transport system. At the time of delivery or LVT
pickup, the City / Town shall provide the warrant or court order detaining or
committing the prisoner to the County. Said order shall specify the next court
date or release date of the prisoner. The County shall accept any such prisoner;
provided, however, that the County 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.
5.2. In the event a City / Town prisoner is held in custody by the County Jail
pursuant to this Agreement, and that prisoner is also detained by the County
on the basis of other State and/or other local agency charges, the City /
Town may at it's option and upon completion of his/her sentence for the
other jurisdictional charges, pick up and deliver the prisoner to the City /
Town Detention Facility for the Completion of his/her jail sentence. It will be
the City / Town's responsibility to monitor and manage their prisoner
population and to remove it's prisoners from and or leave it's prisoners in the
County facility under this section as best meets it's needs.
5.3. In the event a prisoner is received by the County through the Cooperative
Transport System pursuant to misdemeanor and/or gross misdemeanor
charges filed by the City / Town, the County shall immediately notify the City
/ Town of the receipt of said prisoner. If the City / Town picks up the
prisoner within four (4) hours of notification from the County, then the
payment/charges specified in Section 4 of this Agreement shall not apply
with regard to such prisoner.
5.4. When the City / Town holds a prisoner in custody at the City / Town
Detention Facility pursuant to charges from other jurisdictions which
participate in the Cooperative transports system, the City / Town will notify
the County of the transport need and detain the prisoner until the next
transport date. The City / Town will delivery the prisoner and the necessary
documents to the County on the next transport date at a mutually agreed
upon time.
6. Booking Procedure. Prisoners will be booked by Department of Corrections
personnel according to the procedures and policies of the Department of
Corrections by completing for each such prisoner an appropriate booking sheet with
a copy to be provided to the arresting agency if requested. Prisoner's personal
property will be held by the County 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, the Department of Corrections 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 the City 1 Town upon request within forty-eight (48) hours of receipt
of the request by the County. Requests shall only be made between 8:00 a.m. and
5:00 p.m. on weekdays. Requests shall not be made on County holidays.
Intertocal Jail Agreement 4
7. Court Appearance. The County shall be responsible for arranging and delivering
City / Town prisoners held pursuant to this Agreement for Yakima County Superior
Court and District Court appearances. The City / Town shall be responsible for
arranging and delivering City / Town prisoners held by the County pursuant to this
Agreement for applicable I Court appearances and then redelivering the prisoner to
the appropriate detention facility if necessary.
8. Bail. The County shall deliver all bail to the appropriate court in a manner, which is
agreeable to the receiving court.
9. Hold Harmless.
9.1. The County agrees to hold harmless, indemnify, and defend the City / Town, 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 County custody) which result from or arise
out of the sole negligence of County, its elected officials, officers, employees,
and agents in connection with or incidental to the performance or non-
performance of the County's services, duties and obligations under this
Agreement.
9.2. The City / Town agrees to hold harmless, indemnify, and defend the County, 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 the City / Town, its elected officials, officers, employees, and agents in
connection with or incidental to the performance or non-performance of the City
/ Town services, duties and obligations under this Agreement.
9.3. In the event that the officials, officers, agents, and/or employees of both the
County and the City / Town 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).
9.4. Nothing contained in this Section or this Agreement shall be construed to create
a right of indemnification in any third party
10. Medical.
The County shall provide and furnish for prisoners confined in its facility the minor
medical care, attention and treatment which is administered within the facility. The
County shall immediately notify the City / Town's designee(s) via Email if a City /
Town prisoner requires medical or dental treatment at a medical or health care
facility. It shall be the City / Town's responsibility to promptly notify the County of
any changes in it's designee(s). The City / Town shall bear the expense of any
physician, hospital, convalescent, dental, prescription medicine or medical care
Interlocal Jail Agreement 5
expense of it's prisoners (other than that administered within the facility) confined
(1) for violation or alleged violation of a City / Town Ordinance, or (2) for other
charges initiated by the City / Town until the charges are disposed of by sentencing
or otherwise; provided, that the County shall bear such expenses if it fails to notify
the City / Town pursuant to the requirement of this section. The County shall bear
the expense of any such medical care, which is directly caused by misfeasance, or
malfeasance of the County, 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 the County pursuant to this Agreement,
and that prisoner is also detained by the County 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 the County pursuant to City / Town, County, 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. For
purposes of this paragraph, the State of Washington and Yakima County shall be
considered one entity.
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 Director of Corrections and the City's / Town's Designee shall
be jointly responsible for implementation and proper administration of this
Agreement and will refer problems of implementation to the governing bodies of the
County and City / Town 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 4.3.2(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 January 1,
2008 through midnight December 31, 2009, 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
Interlocal Jail Agreement 6
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 County to any other person
or entity without the prior written consent of the City / Town. 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 County stated herein.
18. Non -Waiver. The failure of either party to insist upon strict performance of any
provision of this Agreement or to exercise any right based upon a breach thereof or
the acceptance of any performance during such breach shall not constitute a waiver
of any right under this Agreement.
19. Severability. If any portion of this Agreement is changed per mutual Agreement or
any portion is held invalid, the remainder of the Agreement shall remain in full force
and effect.
20. Integration. This written document constitutes the entire Agreement between the
City / Town and Yakima County. 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 CITY:
TO COUNTY:
Chief Sam Granato
Yakima Police Department
200 South 3rd Street
Yakima, WA 98901
Steve Robertson, Director
Yakima County Department of Corrections
111 North Front Street
Yakima, WA 98901
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 inter -local correction/detention agreement for calendar
year 2010 is desired by both parties but the parties cannot agree upon the terms of
Interlocal Jail Agreement 7
the agreement by March 31, 2010, the new agreement shall automatically be
submitted to binding arbitration as provided herein and without any notice.
Specifically, the parties shall attempt to name a single arbitrator by April 15, 2010.
In the event that the parties cannot agree on a single arbitrator by said time, each
party shall appoint one arbitrator by April 30, 2010. 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 the City / Town Manager or Mayor and the Yakima
County Commissioners 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 8
Attachment A
Yakima County
Inter -Local Corrections Agreements
Rates
Local Correction Rates
2008-2009
Booking Fee None
Last Day None
Daily Housing $71.25
Daily Pretrial Supervision $5.00
Daily Electronic Home Monitoring $5.00
Daily Electronic Home Supervision None
Daily Work Ethic Detention $47.00
Hourly Work Ethic Detention $16.00
Insurance (per worker hour) Actual cost
Equipment (per mile) Per contract
Billing Detail
Fractionalized Billing per current practice.
No booking Fee
No last day charge unless first and last days are the same
(incarceration only)
Other Special Agreements Conditions
Yakima County has the following correctional options
services. Each entity can select to use any or all of the
services available in any manner that best meets their
need.
• Pretrial - if the subject is currently housed at Yakima
County.
• Electronic Home Detention (City determines monitoring and
supervision)
• Work Ethic Detention
• Work Crews
Affirmative Denial Commitment approved (placed in the
agreement).
CITY OF YAKIMA
By:
City Manag gam
R. A. Zais, Jr.
Date: / z/ta %-7
ATTEST:
City / Town Clerk
City / Town Contract No. ,4DD7-/Da
Resolution No. -.„?n4 7_//0,
.\\.\\\,00„
\ LF0�SHIN&T c0.°0//'-'
C).:(j O
titr
BOARD OF YAKIMA COUNTY
COMMISSIONERS
Michael D. Leita, Chairman
Ronald F. Gamache, Commissioner
and Elliott, Commissioner
Attest this i g day of ACC , Yr 6 7 .
410k+i
Christina Steiner, Clerk of the Board
d to form: 1
-\.,4,4-/ 'AAI L
s • ' �� Paul Mcllrath,
Senior Deputy Prosecuting Attorney
Interlocal Jail Agreement 9
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. *15A
For Meeting of December 4, 2007
ITEM TITLE. Consideration of a Resolution in executing an Interlocal Jail Agreement between
the City of Yakima and Yakima County
SUBMITTED BY. Sam Granato, Chief of Police
CONTACT PERSON/TELEPHONE: Chief Granato — 575-6211
Lt. Gary Belles -576-6547
Cynthia Martinez -575-3008
SUMMARY EXPLANATION Attached is a resolution authorizing the execution of an Interlocal
Jail Agreement between the City of Yakima and Yakima County
The proposed interlocal jail agreement modifies the 2007 agreement to reflect increased costs
to Yakima County associated with the housing of City of Yakima prisoners. The proposed
contract will allow the City of Yakima to continue to house misdemeanant offenders in the
Yakima County Department of Corrections jail facility for a two-year period ending at midnight,
December 31, 2009 in exchange for a daily rate of $71..25 and will allow the City to make use of
the County's electronic home monitoring system throughout this same period
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