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06/19/2012 12 Interlocal Jail Agreement with Yakima County BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT /(.2\ Item No. For Meeting of June 19, 2012 ITEM TITLE: Resolution authorizing 2013 Yakima County Jail Contract SUBMITTED BY: Michael Morales, Interim City Manager Chief Dominic Rizzi Jr. CONTACT PERSON /TELEPHONE: Capt. Jeff Schneider, 575 -6151 SUMMARY EXPLANATION: This is a contract with the Yakima County Jail for the incarceration of City of Yakima inmates for 2013. There is no increase in price over the 2012 contract. The contract calls for a block of 110 beds for $2,200,000. This will provide certainty for the 2013 budget preparation and allow the City and County to negotiate future jail services and costs. Resolution Ordinance Other (specify) Contract: X Mail to: Contract Term: 2013 Amount: $2,200,000 Expiration Date: 12/31/2013 Insurance Required? No Funding General Fund Phone: Source: APPROVED FOR SUBMITTAL: City Manager �, STAFF RECOMMENDATION: Staff recommends approval of the contract. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download 0 Resolution ❑ 2013 Jail Contract 0 Contract Attachment A O Contract Attachement B RESOLUTION NO. R-2012-_ 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 2013 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 set to expire on December '31, 2012; 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 19th day of June, 2012. Micah Cawley, Mayor ATTEST: City Clerk 2013 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, 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, through the Department of Corrections, and the City, through its Police Department, 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 prisoner or to return a City prisoner. The County shall use reasonable judgment when invoking this section of the contract. • 1 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 Oth Services 4.1 Yearly /Daily Rate for Incarceration The City shall pay the County a yearly rate for a 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 and County cannot be reached by January 1, 2013 but incarceration of prisoners is desired, the daily rate shall be applied retroactively to January 1, 2013, once the 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 treatrnent 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 /t ttachrnent A to compute prisoner housing fees. 4.4 Inmate Work Crews. inmate work crews will be contracted through a separate agreement. 2 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 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 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 for these services according to attachment A. The City 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 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 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 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. 4.6 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. 3 5. Prisoner Delivery and Notification. 5.1 When it becomes necessary to incarcerate City prisoners in the County 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 4 between 8:00 a.m. and 5:00 p.m. on weekdays. Requests shall not be made on County holidays. 7. Court Appearance. The County 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. 9.1 The County agrees to protect, hold harmless, indemnify, and defend the City, its elected and appointed officials, officers, employees, agents and volunteers from any and all suits, actions, claims, demands, losses, liens, liabilities, penalties, fines, and other proceedings and all damages, judgments, costs and expenses, (including reasonable attorney's fees and disbursements) and 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, or damage, or destruction to a third party or third parties, to the extent caused by any negligent act and /or omission of the County, its elected officials, officers, employees, agents, volunteers and /or subcontractors, arising out of the performance or nonperformance of this Agreement. 9.2 The City agrees to protect, hold harmless, indemnify, and defend the County, its elected and appointed officials, officers, employees, agents and volunteers from any and all suits, actions, claims, demands, losses, liens, liabilities, penalties, fines, and other proceedings and all damages, judgments, costs and expenses, including reasonable attorney's fees and disbursements, and also including, but not limited to, a claim of false arrest or detention, or damage, or destruction to a third party or third parties, to the extent caused by any negligent act and /or omission of the City, its elected officials, officers, employees, agents, volunteers and /or subcontractors, arising out of the performance or nonperformance of this Agreement. 9.3 In the event that the officials, officers, agents, and /or employees of both the County and the City are negligent, each party shall be liable for its contributory 5 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 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 6 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 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, 2013 through midnight December 31, 2013, 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. 7 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 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: Dominic Rizzi Jr, Chief of Police Yakima Police Department 200 South 3rd 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 2014 is desired by both parties but the parties cannot agree upon the terms of the agreement by March 31, 2014 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, 2014. In the event that the parties cannot agree on a single arbitrator by said time, each party shall appoint one arbitrator by April 30, 2014. 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. 8 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 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. CITY OF YAKIMA BOARD OF YAKIMA COUNTY COMMISSIONERS Michael Morales, Interim City Manager Michael D. Leita, Chairman 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 9 Attachment A YAKIMA. COUNTY INTER -LOCAL YAKIMA CITY" AGREEMENT 2013 RATES Local Detention/Correction Rates: 2013 Yearly Housing for. 110 inmates a day $2,200,000.00 112 equal monthly invoices of $183,333.33 will be provided) Daily Housing for. over 110 inmates a day $54.79 Daily Electronic Hoene Monitoring $9.50 Daily Electronic Home Supervision $7.00 Billing Detail: Fractionalized Billing for over 1.10 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: f Yakima County has the following correctional options services. • Electronic Horne 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. 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. •