HomeMy WebLinkAboutR-2007-169 2008-2009 City of Sunnyside Interlocal Jail AgreementA RESOLUTION
RESOLUTION NO. R-2007-169
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 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, 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 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 4th day of December, 2007.
City Clerk
David Edler, Mayor
Interlocal Jail Agreement
City of Sunnyside — City of Yakima
THIS AGREEMENT made and entered by and between the CITY OF
SUNNYSIDE, Washington, a municipal corporation, hereinafter referred to as
"Sunnyside," and the CITY OF YAKIMA, Washington,. a Municipal Corporation,
hereinafter referred to as "Yakima."
WITNESSETH:
In consideration of the mutual promises contained herin, the parties hereto
mutually agree as follows:
1. PURPOSE:
It is the purpose and the intent of this agreement that Sunnyside , through its
police department, and Yakima, through its police department shall cooperate with each
other for the care, keep and custody of male and female prisoners, eighteen (18) years of
age and older, pursuant to the authority of RCW 39.34 and 70.48. This agreement is
intended to apply to those instances in which it is desirable for the city of Yakima police
department, and not an undue burden on the Sunnyside Police Department, that a person
be detained in the Sunnyside Law and Justice Center jail facility.
2. INCARCERATION:
Sunnyside will accept and incarcerate male and female prisoners of Yakima, and
will feed and otherwise generally care for the prisoners in the same manner as its own
prisoners and in a manner consistent with rules governing its jail, Provided that the jail
facility has available space. Sunnyside will not accept and incarcerate Yakima male and
female prisoners in its work release program.
3. PAYMENT:
Yakima shall pay to Sunnyside for the incarceration of Yakima's Prisoners, for or
in connection with a violation or alleged violation or Yakima ordinance or state law, the
sum of forty and 43/100 ($40.43) Dollars per Prisoner, per day or any portion thereof.
Prisoners held three (3) days or longer shall not have the day of their release billed to
Yakima. Sunnyside Shall, by the fifteenth (15th) day of each month, send to Yakima a
statement of costs incurred in the proceeding month. Yakima shall cause it to be paid by
the 15th day of the following month in which it was received.
When requested to do so by Yakima representatives, Sunnyside shall make any invoices,
cost records, accounts and related financial documents pertaining to this agreement
available for inspection by Yakima representatives.
4. PRISONER DELIVERY AND NOTIFICATION:
Yakima, through its police department, shall be responsible for notifying Sunnyside of
the date and time that any prisoner is to be released. No person who appears to be sick or
injured will be accepted for booking until he/she has received proper medical attention.
Sunnyside will provide transportation for Yakima prisoners at no cost if transportation is
available And if Yakima has three (3) or more prisoners to transport at one time And each
of those prisoners has seven (7) days or more of incarceration to Complete.
5. BOOKING PROCEDURE:
Male and female prisoners will be booked by the city o Yakima Police
Department Police Officer according to the procedures and policies of the Sunnyside
Police Department by completing for each such prisoner an appropriate booking sheet
with records being retained at the Sunnyside Police Department according to retention
schedules per policy. Prisoner's Personal property will be held and handled in the same
manner as those prisoners of Sunnyside.
6. COURT APPEARANCES:
Yakima is responsible for arranging transportation for court appearances before
the City of Yakima Municipal Court.
7. BAIL OR FINE:
Sunnyside will accept bail, fines or other money for Yakima for those prisoners
held in the Sunnyside Law and Justice Center jail facility. Money so collected will be
turned over to Yakima on a timely basis, but no later than forty-five (45) days after
collection.
8. LIABILITY:
Yakima shall defend, indemnity, and hold harmless Sunnyside, its elected
Officials, officers, agents, volunteers, employees, or assigns from any and All future
litigation or claims of a third party that ay arise from Yakima's Performance or failure to
perform under this agreement, such liability shall Include but is not limited to false arrest.
Sunnyside shall defend, indemnify, And hold harmless Yakima, its elected officials,
officers, agents, volunteers, Or assigns from any and all claims, demands, losses, liens,
damages, actions, employees, judgments, liabilities, penalties, fines, lawsuits, costs and
expenses (Including attorney fees) which result from, arise out of, or are incidental to
Sunnyside's performance or failure to perform under this Agreement.
9. NO INSURANCE:
It is understood that Yakima does not maintain liability insurance for Sunnyside
and/or its officers, employees, agents, and /or subcontractors.
10. MEDICAL TREATMENT:
Sunnyside will provide and furnish for Yakima prisoners confined in its jail
facility that minor medical care, attention and treatment which is administered within the
jail facility to its own prisoners. Yakima will bear the expense of prescription medicines
and other physician, hospital, convalescent, dental or other medical care of its own
prisoners confined within the jail facility under authority of this Agreement if neither the
inmate nor the Washington state department of public assistance, nor other source,
provides payments; provided, that Sunnyside will bear the expense of any such medical
care which is directly and solely necessitated by negligence on the part of the officers or
agents, or other mistreatment of prisoners. For the purposes of determining responsibility
for medical treatment, the provisions of RCW 70.48.130 shall control, notwithstanding
any other provisions hereof. Sunnyside shall make all reasonable efforts to provide notice
to Yakima prior to administering non -emergency medical care. Sunnyside may provide
emergency medical care without prior notification to Yakima, but shall in all cases
promptly inform Yakima of any medical treatment given and the costs thereof as soon as
practicable thereafter.
11. UNIFORM ALCOHOLISM TREATMENT:
Sunnyside shall not be responsible for, nor take into custody, any Individual taken
into protective custody by the city of Yakima police Department in accordance with
RCW Chapter 70.96, a Uniform Alcoholism and Intoxication treatment.
12. IMPLEMENTATION:
The Sunnyside Chief of police and the City of Yakima police chief will be jointly
responsible for implementation and proper administration of this Agreement, and will
refer problems of implementation to the governing Body of the jurisdiction for the
resolutions if necessary.
13. INTEGRATION AND MODIFICATION:
This agreement sets fourth 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. No charges 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.
14. TERMINATION:
Termination of this Agreement by either party may be accomplished upon
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 reason for said termination and
the specific plans for accommodating the affected jail population.
15: DURATION:
This agreement shall be retroactive to and commence on January 1, 2008 and
shall terminate at midnight on December 31, 2008, unless otherwise terminated in
accordance with section 14 of this agreement.
16. PROPERTY:
It is not anticipated that any real or personal property will be jointly Acquired or
purchased by the parties solely because of this Agreement.
17. EQUAL OPPERTUNITY:
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 49.60) or the or the Americans with disabilities act
(42 U.S.C. § 12110 et.seq.).
18. COMPLIANCE WITH LAW:
Sunnyside agrees with to perform all services under and pursuant to this
Agreement in full compliance with any and all applicable laws, rules, and regulations
adopted or promulgated by any governmental agency or regulatory body, whether
federal, state, local, or otherwise.
19. NO THIRD PERSON BENEFITS:
This agreement is solely for the benefits of the parties hereto, and creates Rights
or benefits of any type in any third parties.
20. ASSIGNMENT:
This agreement, or any interest herein, or claim hereunder, shall be not be
assigned or transferred in whole or in part by Sunnyside to any other person or entity
without the prior written consent of Yakima. In the event that such prior written consent
is granted, the assignee shall assume all duties, obligations, and liabilities of Sunnyside
stated herein.
21. 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.
22. SEVERABILITY:
a. If a court of competent jurisdiction holds any part, term or provision of
this Agreement to be illegal, or invalid in whole or in part, the validity of
the remaining provisions shall not be affected, and the parties rights and
obligations shall be constructed and enforced as if the Agreement did not
contain the particular provision held to be invalid.
b. If any provision of this Agreement is in direct conflict with any statutory
provision of the State of Washington, the provision which may conflict
shall be deemed inoperative and null and void insofar as it may conflict,
and shall be deemed modified to conform to such statutory provision.
23. SURVIVAL:
Any provision of this Agreement which imposes an obligation after termination or
expiration of this Agreement shall survive the term or expiration of this agreement and
shall be binding on the parties Agreement.
24. NOTICES:
Unless stated otherwise herein, all notices and demands shall be sent or hand -
delivered to the parties at their addresses as follows:
To Sunnyside :
To Yakima: Police Chief
Yakima Police Department
200 South Third 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.
25. GOVERNING LAW:
This Agreement shall be governed by a construed in accordance with the Laws of
the State of Washington.
26. RESOLUTION:
The city Councils of each party shall adopt a resolution authorizing the execution
of this Agreement, and shall deliver the other party a copy of the same. In addition, a
copy of this Agreement shall be filed with the Yakima County Auditor's office
pursuant to RCW 39.34.040.
In Witness Whereof, the parties hereto have executed this Agreement to become effective
on the day and the year first above mentioned.
City of Sunnyside
By:
Mark A. Kunkler, Interim City Manager
Date: i
Imo, 'OO
City Of Yakima
By:
R.A. Zais, Jr., City Manager
Date: /2/4./67
Yakima City Clerk
CITY CONTRAC f NIDD?-24:0?
RESOLUTION NO:0�0� -4
RESOLUTION 2008-13
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SUNNYSIDE, WASHINGTON, APPROVING
2007 INTERLOCAL JAIL AGREEMENT
WITH CITY OF YAKIMA
(Effective January 1, 2008 through December 31, 2008)
WHEREAS, the City of Sunnyside has previously entered into reciprocal
correction/detention agreements with the City of Yakima regarding incarceration of
prisoners within the facilities of each entity; and
WHEREAS, the City of Sunnyside and City of Yakima are empowered to enter
into such agreements pursuant to the provisions of Chapters 39.34 RCW; and
WHEREAS, the parties have negotiated a reciprocal correction/detention
agreement for year 2008; and
WHEREAS, the City Council finds and determines that approval of such
agreement is in the best interests of residents of the City of Sunnyside and will promote
the general health, safety and welfare.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SUNNYSIDE, WASHINGTON, as follows:
Section 1. That the Interlocal Jail Agreement for 200.8 a copy of which
is attached hereto as Exhibit "A" and incorporated herein by this reference,
by and between the City of Sunnyside and City of Yakima, is here
approved for the term January 1, 2008 through December 31, 2008, with
such retroactive effect hereby specifically approved.
Section 2. The City Manager is hereby authorized to execute and
administer such agreement for and on behalf of the City of Sunnyside.
Section 3. This Resolution shall be effective upon passage; approval
and signatures hereon in accordance with law.
PASSED this 10th day of March, 2008.
ATTEST:
DEBORAH A ESTkADA, CITY CLERK
APPROVED AS TO FORM:
7 •
l�UNKL R, CITY ATTORNEY
CERTIFIED TO BE A TRUE AND CORRECT COPY OF THE
ORIGINAL FILED IN MY OFFICE.
BY
CITY CLERK
J
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4; 1 8
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 Sunnyside.
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 Sunnyside
The proposed contract will continue the terms of the 2007 contract through the end of 2008,
allowing the City of Yakima to continue to house misdemeanant offenders in the Sunnyside City
Jail in exchange for a rate of $40 43 per day
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.