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HomeMy WebLinkAboutR-2009-004 2009 Interlocal Jail Agreement with the City of ToppenishA RESOLUTION RESOLUTION NO. R-2009-04 authorizing and directing the City Manager of the City of Yakima to execute an Interlocal Jail Agreement with the City of Toppenish to allow the City of Yakima to continue to house prisoners of the City of Yakima in the Toppenish City Jail through December 31, 2009. WHEREAS, Chapter 39.34 of the Revised Code of Washington, entitled "Interlocal Cooperation Act," permits local govemmental units to make the most efficient use of their powers by enabling them to cooperate with other municipalities on the basis of mutual advantage; WHEREAS, Chapter 70.48 allows cities to enter into Interlocal contracts for jail services and specify the responsibilities of each goveming unit involved; and WHEREAS, The City of Toppenish has the capacity and ability to house a certain number of Yakima prisoners for a fee; and WHEREAS, the City of Yakima desires to continue utilizing the jail facilities maintained by Toppenish for the detention of Yakima prisoners; and WHEREAS, the City of Toppenish is willing to continue making its jail facilities available to Yakima for the detention of some Yakima prisoners at the rate of $42.06 per day; and WHEREAS, the current Interlocal Jail Agreement expires at midnight on December 31, 2008; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima and the City of Toppenish to enter into the proposed Interlocal Jail Agreement authorizing the City of Yakima to house City of Yakima prisoners in the City of Toppenish Jail in exchange for payment of a fee, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Interlocal Jail Agreement between the City of Yakima and the City of Toppenish for jail services through December 31, 2009. ADOPTED BY THE CITY COUNCIL this 6th day of Janua City Clerk David Edle , Mayor INTERLOCAL JAIL AGREEMENT THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN the City of Toppenish and the City of Yakima, hereinafter referred to as Toppenish and Yakima. WITNESSETH: IN CONSIDERATION of the mutual promises herein, the parties hereto mutually agree to as follows: 1. PURPOSE. It is the purpose and intent of this Agreement that Toppenish and Yakima, shall cooperate with each other for the care, keeping and custody of male and female prisoners, over the age of 18 years, pursuant to the authority of Section 39.34.080 of the Revised Code of Washington. This Agreement is intended to apply to those instances in which it is desirable for Yakima, and not an undue burden on the Toppenish Police Department, that a person be detained at the Toppenish Jail Facility. 2. INCARCERATION. Toppenish shall accept and incarcerate male and female prisoners for Yakima, and will feed and otherwise generally care for those prisoners in the same manner as its own prisoners and in a manner consistent with the rules goveming the jail, providing the jail facility has available space. The Yakima Police Department shall determine the amount of time to be served, by any person who is committed by the Yakima Municipal Court. Commitment paperwork will be provided upon booking of the prisoners. Prisoners who do not have times calculated will not be accepted. Inmates brought to the Toppenish Jail must be court committed inmates. Prisoners who do not have their times calculated will immediately be released. 3. PAYMENT. Yakima shall pay Toppenish for the incarceration of its prisoners, the sum of FORTY TWO DOLLARS AND SIX (6) CENTS ($42.06) per prisoner, per day or any portion thereof. Toppenish shall, by the fifteenth (15) day of each month, send to Yakima a statement of incarceration charges incurred in the preceding month. Yakima shall cause it to be paid by the end of every month in which it is received. 4. PRISONER DELIVERY AND NOTIFICATION. The Yakima Police Department shall be responsible for delivering its male and female prisoners to the custody of Toppenish and for notifying Toppenish of the date and time any prisoner is to be released. Toppenish Police Department personnel may be utilized for transportation of prisoners if it desirable by both parties. 5. BOOKING PROCEDURE. Male and Female prisoners will be booked into jail by Toppenish Police Department staff. Prisoner's personal property will be held and handled in the same manner as those prisoners of Toppenish. A sick or injured prisoner will NOT be accepted until a medical release is acquired from a medical care provider. 6. COURT APPEARANCES. The arresting agency will be responsible for arranging any court appearances for the prisoners subject to this agreement, and will whenever necessary for court appearances, arrange to take custody of such prisoners at the jail facility and redeliver such prisoners if appropriate. 7. BAIL OR FINE. Toppenish will not accept bail, fines, or other monies for the City of Yakima. 8. LIABILITY. Toppenish agrees to hold harmless, indemnify and defend Yakima and its officers, elected officials, employees and agents from and against all suits, actions, claims, liabilities, damages, judgments, costs and expenses (including attorney's fees) which result from or arise out of the sole negligence of Toppenish, its elected officials, officers, employees, and agents in connection with or incidental to the performance or failure to perform under this Agreement, 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 Toppenish custody. Yakima agrees to hold harmless, indemnify and defend Toppenish and its officers, elected officials, employees and agents from and against all suits, actions, claims, liabilities, damages, judgments, penalties, costs and expenses (including attorney's fees) which result from, arise out of, the sole negligence of Yakima, its elected officials, officers, employees, and agents in connection with or incidental to the performance or failure to perform under this Agreement, including but not limited to claims related to false arrest. 9. MEDICAL TREATMENT. Toppenish will provide and furnish for 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 payment; provided that Toppenish will bear the expense of any such medical treatment which is directly and solely necessitated by negligence on the part of its officers or agents, or their mistreatment of prisoners; and providing further that medical care necessitated by an unforeseeable act, omission, or condition of a prisoner, or of a third person not involved in maintenance of the jail facility, will be the responsibility of the arresting agency. In the event that a Yakima inmate held by Toppenish pursuant to this Agreement develops a serious medical condition requiring ovemight admission (not just treatment) to a hospital, Toppenish shall provide immediate notification by telephone at (509) 575-3571 of such condition. Upon receipt of notification, Yakima agrees to seek a court order granting immediate furlough of the inmate. If a court order granting furlough is unattainable, Yakima shall accept custody of the inmate. The return of custody shall occur within four hours of the receipt of notice. "Immediate Notification" shall mean notification as soon as reasonably possible before the inmate receives emergency medical care with the understanding that such notice may not be reasonably possible prior to the emergency care. No person who appears sick, injured, or intoxicated with an alcohol level of .25 or more will be accepted for booking until he/she has received medical clearance from a medical care provider. 10. IMPLEMENTATION. The Toppenish Public Safety Director and the Yakima Police Chief will be jointly responsible for implementation and proper administration of the agreement, and will refer problems of implementation to the governing body of Toppenish and Yakima for resolution if necessary. 11. MODIFICATION. Modifications of this agreement may be accomplished by written agreement between Toppenish and Yakima and oral understandings or agreements shall suffice to alter terms of this agreement. 12. TERMINATION. Termination of this agreement by either party may be accomplished upon ninety (90) days written notice to the other party stating reason for said termination and the plans for accommodating the affected jail population as required in RCW 70.48.090(1). 13. DURATION. The duration of this agreement shall be from January 1, 2009 through December 31, 2009. Renewals will be discussed beginning in August of each year. 14. PROPERTY. It is not anticipated that any real personal property will be jointly acquired or purchased by the parties solely because of this agreement. 15. EQUAL OPPORTUNITY. Neither party shall discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, political affiliation or belief or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act(42 USC 12110 et seq.). 16. 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 of the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. 17. GOVERNING LAW. This agreement shall be govemed by and construed in accordance with the law of the State of Washington. 18. 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: YAKIMA: Sam Granato, Police Chief Yakima Police Department 200 South Third Street Yakima, WA 98901 TOPPENISH: MA -t& DMAz c ttef of f'ott -roffelkt.slA FotkQ De t f .4- 1. w+es f Firs f 4 ve TbprePtal. 14/4- grgyR 19. INTEGRATION: This written document constitutes the entire Agreement between Toppenish and Yakima. There are no other oral or written Agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement to become effective on the day and year first mentioned. CITY OF TOPPENISH William Murphy, Cit ger DATE 11 I ATTEST: CITY OF YAKIMA R. A. Zais Jr J ty Manager DATE t a -I 100 0 ATTEST: CITY CONTRAC r NO: Ci RESOLUTION N0: 1- 1'4o5 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of January 6, 2009 ITEM TITLE: Consideration of a Resolution in executing an Interlocal Jail Agreement Between the City of Yakima and the City of Toppenish. SUBMITTED BY: Sam Granato, Chief of Police CONTACT PERSON/TELEPHONE: Chief Granato — 575-6211 Lt. Gary Belles -576-6547 Cynthia Martinez -575-6033 SU M MARY EXPLANATION: Attached is a resolution authorizing the execution of an Interlocal Jail Agreement between the City of Yakima and the City of Toppenish. The current agreement is scheduled to expire at the end of December 31, 2008. The proposal will allow the City of Yakima to continue to house misdemeanant offenders in the Toppenish City Jail in exchange for a daily rate of $40.00 per bed. This represents a rate increase of $2.06 per day. This rate adjustment is in keeping with the 2008 agreement specifying the City of Toppenish's intent to make annual rate adjustments based on the CPI each September. In 2008 that CPI was 5.4%. 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: