HomeMy WebLinkAbout12/06/2011 04I Jail Agreement with Yakima County • • _ •
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 41
For Meeting of: December 6, 2011
ITEM TITLE: Resolution authorizing an Interlocal Jail Agreement between the City of
Yakima and Yakima County.
SUBMITTED BY: Interim Police Chief Greg Copeland
CONTACT Capt. Jeff Schneider, 575 -6151
PERSON /TELEPHONE:
SUMMARY EXPLANATION:
This is a resolution directing the City Manager to execute an agreement with Yakima County Department of
corrections for the housing of City prisoners for 2012. The agreement calls for the County to house up to 110
prisoners a day for $2,200,000. Medical costs are in addition to the $2.2M.
• Resolution X Ordinance Other (specify)
Contract: X Mail to:
Contract Term: One Year Amount: $2,200,000 Expiration Date: 12/31/2012
Insurance Required? No
Funding
Source: General Fund Phone:
APPROVED FOR 94_ l 0 65 4 City Manager
SUBMITTAL: �•�
STAFF RECOMMENDATION:
•
Staff recommends approval
BOARD /COMMISSION RECOMMENDATION:
ATTACHMENTS:
•
Click to download
❑ 2012 Yakima County fail resolution
•
❑ 2012 Jail Contract
❑ 2012 Jail Rate
❑ 2012 Jail Medical Info
• RESOLUTION NO. R-2011-_
A RESOLUTION authorizing the City Manager of the City of Yakima to execute an
Interlocal Jail Agreement with Yakima County, 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 County of Yakima is willing to provide jail services for Yakima
prisoners through 2012 in accordance with the terms and conditions of the attached
Interlocal Jail Agreement; and
WHEREAS, the County of Yakima and the City of Yakima have had prior
agreements for such purpose with the most recent expires on December 31, 2011; 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
County of Yakima 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 County of Yakima — City
of Yakima" for the provision of jail services.
ADOPTED BY THE CITY COUNCIL this 6th day of December, 2011.
Micah Cawley, Mayor
ATTEST:
City Clerk
•
• 2012 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, through its Police Department, or Mayor 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.
WHEREAS, the County, through its Department of Corrections, desires to
continue to make its jail facilities available to the City for the detention of some City
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, h
g Y� through
Department of Corrections, and the City, through its Police Department,
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 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 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, if it has available space in its jail. Yakima County
Department of Corrections will not accept prisoners that are not deemed
medically acceptable. Please see Attachment B to this agreement. In addition,
an inmate may be refused for reasons other than medical concerns. To the
greatest extent permitted by law, the County shall have the right to refuse to
accept a City /Town prisoner or to return a City/Town prisoner. The County shall
use reasonable judgment when invoking this section of the contract.
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3. Computation of Fees. The Director of the Department of Corrections and the •
City Police Chief, or City 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.
4. Charges and Other Services.
4.1 Yearly /Daily Rate for Incarceration. The City shall pay the County a yearly
rate fora monthly Average Daily Population (ADP) of 110 inmates and a monthly
daily rate for an ADP over 110 beds 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 ordinance; and provided further that the City
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 yearly /daily rate for the duration of this Agreement will be according to
attachment A. If for some reason, an agreement between the City/Town and
County cannot be reached by January 1, 2012 but incarceration of prisoners is
desired, the daily rate shall be applied retroactively to January 1, 2012, once the
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parties reach an agreement.
4.2 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 medical treatment fees, 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 charges For example: if a prisoner is held
by the County pursuant to City, County, and a third agency's charges, the
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.
Fractionalized billing will be used to determine monthly ADP and medical
per Exhibit A of this agreement.
4.3 Inmate Housing Computation. It is agreed the City and County will use
Attachment A to compute prisoner housing fees.
•
4.4 Inmate Work Crews. Inmate work crews will be contracted through a
separate agreement.
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• 4.5 Home Detention. The City agrees to not provide any Home Detention
services to any other entity. The City reserves the right to provide its own Home
Detention services to City of Yakima prisoners. Two home detention services are
available for the City's prisoners.
4.5.1 Option A: The County will provide home detention electronic
• monitoring and reporting services to the City/Town for 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 provided: (1) This
service contracted city's offenders only AND (2) The City will reimburse
the cost to replace any lost, damaged and /or stolen equipment.
4.5.2 Option B: The County will provide any or all of the home detention
program service. 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 a daily rate charged to the City /Town
for these services according to attachment A. The City/Town also
agrees to allow the County to collect and keep all participant and other
revenues and fees associated with providing home detention services.
a. 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: 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.
b. The City/Town shall not be liable to the County for the Toss 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.
•
4.6 Access to County Computer System. The County shall permit the City
continuous access to its computer database regarding all City prisoners detained
by the County. This continuous access feature shall be accomplished through a
computer link between a computer(s) designated by the City at the Police Station
and appropriate computer(s) of the County.
5. Prisoner Delivery and Notification.
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5.1 When it becomes necessary to incarcerate City prisoners in the County 411
due to City's Detention Facility space limitations or for other reasons, the City
shall deliver such prisoners to the County Jail, unless the inmate is otherwise
ordered by the Court to report directly to the County Jail. At the time of delivery,
the City shall provide the warrant or court order detaining or committing the
prisoner to the County, except for prisoners who directly report to the County Jail.
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. The County Jail reserves the discretion to refuse
to take prisoners for medical reasons or safety and security reasons within the
facility.
5.2 In the event a City 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 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 Detention Facility for the Completion of
his /her jail sentence. It will be the City's responsibility to monitor and manage
their prisoner population and to remove its prisoners from and or leave its
prisoners in the County facility under this section as best meets its needs.
5.3 In the event a prisoner is received by the County pursuant to •
misdemeanor and /or gross misdemeanor charges filed by the City, the County
shall immediately notify the City of the receipt of said prisoner.
5.4 When the City holds a prisoner in custody at the City's Detention Facility
pursuant to charges from other jurisdictions, the City will notify the County of the
transport need and detain the prisoner until the next transport date. The City will
deliver 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.
The County shall provide this information to the City /Town upon request within
forty -eight (48) hours of receipt of the request. 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.
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7. Court Appearance. The County ty shall be responsible for arranging and
delivering City prisoners held pursuant to this Agreement for Yakima County
Superior Court and District Court appearances. The County shall have sole
discretion in determining when prisoners will be transported for Yakima County
Superior Court and District Court appearances. Transport may be delayed on
occasion if transporting a prisoner poses a safety and security risk to other
prisoners in the Jail or Yakima County Department of Corrections staff. The
City/Town shall be responsible for arranging and delivering City/Town prisoners
held by the County pursuant to this Agreement for applicable 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.
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.
9.1 The City /Town agrees to hold harmless, indemnify, and defend the
County, its selected 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.
9.2 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).
9.3 . Nothing contained in this Section or this Agreement shall be construed to
create a right of indemnification in any third party
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10. Medical.
The County shall provide and furnish for prisoners confined in its facility the
minor medical care, attention and treatment, which is provided within the facility.
The County shall immediately notify the City/Town's designee(s) via e-mail or fax
if a City/Town's prisoner requires medical or dental treatment at a medical or
health care facility, the City/Town shall promptly notify the County of any changes
in its designee(s). The County shall be reimbursed for any of these medical
costs pursuant to RCW 70.48.130. If any disputes arise concerning the City or
Town's reimbursement of the County, RCW 70.48.130 controls. Prisoners who
are assaulted or accidentally injure themselves while housed in any jail, the
medical will be the responsibility of the jail housing them. If an inmate
intentionally injures themselves or instigates an action where they are injured the
cost goes to the agency for whom the inmate is held (fractionalized as
appropriate.)
The County and City /Town shall bear the expense of any such medical care,
which is directly caused by misfeasance, or malfeasance of the County or City,
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 the County or City/Town, pursuant to this Agreement holds a •
prisoner in custody, and the County or City/Town on the basis of other State
and /or other local agency criminal charges detains that prisoner, 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, 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. Jail Industries. The County has a number of internal programs, which may be
of benefit to the City/Town. These programs include Commissary, Meal Service,
and Work Crews. In the event the City/Town wishes to utilize any of these
programs, the County and City/Town shall have the ability to negotiate cost for
use.
13. Implementation. The Director of the Yakima County Department of Corrections
and the City/Town's Designee shall be jointly responsible for implementation and
proper administration of this Agreement. In addition, will refer problems of
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implementation to the governing bodies of the County and City/Town for
resolution if necessary.
14. 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.
15. Duration of Agreement. The duration of this Agreement shall be from January
1, 2012 through midnight December 31, 2012, 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 acquired
or purchased by the parties solely because of this Agreement.
17. Equal Opportunity. Neither party shall discriminate against any person on the
grounds of race, creed, color, religion, national original, sex, sexual orientation,
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.
18. 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. 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.
19. 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.
20. 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.
21. Integration. This written document constitutes the entire Agreement between
the City and Yakima County. There are no other oral or written Agreements
between the parties as to the subjects covered herein. No changes or additions
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to this Agreement shall be valid or binding upon either party unless such change •
or addition be in writing and executed by both parties.
22. 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: Interim Chief Greg Copeland
Yakima Police Department
200 South 3 Street
Yakima, WA 98901
TO COUNTY: Edmund Campbell, Director
Yakima County Department of Corrections
111 North Front Street
Yakima, WA 98901
Alternatively, 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.
23. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. Any action concerning this
contract shall be brought in the Superior Courts of Yakima County.
24. Arbitration. In the event an inter -local correction /detention agreement for
calendar year 2011 is desired by both parties but the parties cannot agree upon
the terms of the agreement by March 31, 2011 the new agreement shall
automatically be submitted to binding arbitration as provided herein. Specifically,
the parties shall attempt to name a single arbitrator by April 15, 2011. In the
event that the parties cannot agree on a single arbitrator by said time, each party
shall appoint one arbitrator by April 30, 2011. 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.
25. 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, 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.
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• CITY OF YAKIMA BOARD OF YAKIMA COUNTY
COMMISSIONERS
Mayor /City Manager Michael D. Leita, Chairman
Approved as to form this
day of Kevin J. Bouchey, Commissioner
J. Rand Elliott, Commissioner
Constituting the Board of County Commissioners for Yakima
County, Washington
Attest:
Tiera Girard
Clerk of the Board
Approved as to Form:
Stefanie Weigand,
• Senior Deputy Prosecuting Attorney
• •
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Attachment A
YAKIMA COUNTY
INTER -LOCAL YAKIMA CITY AGREEMENT 2012 RATES
Local Detention/Correction Rates: 2012
Yearly Housing for 110 inmates a day $2,200,000.00
112 equal monthly invoices of $133,333.33 will be provided)
Daily Housing for over 110 inmates a day $54.79
Daily Electronic Home Monitoring $9.50
Daily Electronic Home Supervision $7.00
Billing Detail:
Fractionalized Billing for over 110 inmates a day per current practice.
Fractionalization of all medical costs per current practice.
Fractionalization of daily inmate population over 110 inmates per current
practice.
Other special Agreement Conditions:
Yakima County has the following correctional options services.
• Electronic Home Detention (City determines monitoring and supervision)
• Work Crews (City may contract through separate agreement)
• Aramark meal service will be available to the City if the City chooses to
use it. Pricing for this service will be determined at the time the service
is used.
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ATTACHMENT B
MEDICAL ACCEPTABILITY
The County may, based on the following or other reasonable criteria, determine that
proposed inmates are not acceptable for transport and/or housing:
1. Blood or fluid present at an open wound site or bleeding from an open wound.
2. Any injury or illness requiring immediate or emergency medical treatment.
3. Unconsciousness.
4. Inmates unable to stand and walk under their own power.
5. Signs of excessive alcohol or drug use. These signs may require a hospital
clearance.
6. Signs of alcohol and /or drug withdrawal.
7. Bed bound individuals.
8. Individuals with attached IV or requiring IV medications.
9. Individuals requiring the use of oxygen tanks.
10. AMA (Against Medical Advice) from the hospital.
11. Individuals having had major invasive surgery within the last 72 hours. Non-
invasive surgery such as oral surgery, laser -eye surgery and minor surgery may
be evaluated on a case by case basis.
12. Post - operative persons who have follow up appointments within the next two
weeks.
13. Wounds with drainage tubes attached.
14. Open and /or oozing bedsores.
15. Individuals requiring nebulizers who cannot obtain one.
16. Inmates who cannot perform activities of daily living ("ADL's') or who do not
have the capacity to function safely within a correctional environment.
17. Persons who are pregnant.
18. Persons undergoing chemotherapy and /or radiation treatment.
19. Persons undergoing dialysis.
20. Persons with the following untreated medical conditions:
a) Heart disease
b) Seizures disorders
c) Insulin dependent diabetes
•
d) Cancer •
e) ° HIV Positive or AIDS
21. Persons who are HIV positive or have AIDS and are taking anti -viral medications.
22. Persons taking Methadone, or Suboxone, a substitute for Methadone.
23. Person, if prescribed, has not taken psychotropic medications for at least 72
hours. .
24. Persons requiring CPAP machines as prescribed must be transported with the
machine.
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