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HomeMy WebLinkAboutR-2010-023 City/County Interlocal Jail AgreementRESOLUTION NO. R-2010-23 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 2010 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 expired on December 31, 2009; 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 16th day of February, 2010. ATTEST: Micah Cawlevillayor g_261043 2010 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"). 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, City 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 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 , 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, provided that it has available space in its jail. 3. Computation of Fees. The Director of the Department of Corrections and the City Police Chief, or City Manager 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. Charges and Other Services. 4.1. Daily Rate for Incarceration. The City 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 ordinance; provided, however, that the City 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 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. 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 charges. For example: if a prisoner is held by the County pursuant to City , 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. 4.4.1 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.(1) The City will reimburse the cost to replace any lost, damaged and/or stolen equipment. The City will have the option to use its own contracted GPS based electronic monitoring program on any offender that does not have the ability, either by lack of ability to pay or lack of a hard line telephone, to participate in the program offered by the County. The City may also utilize the alternate provider if the county does not have the needed units available. 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 Interlocal Jail Agreement 2 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. 4.5 Pretrial Supervision Program. Effective January 1, 2010 the Yakima County Department of Corrections will no longer be offering WED services. 4.6Affirmative Denial. The City agrees that the County may assume that all inmates committed by the City's Court are eligible for all correctional options specified in this Agreement unless the Court's disposition specifically denies such eligibility. • 4.7 Access to County Computer System. The County shall permit the City continuous access to its computer database regarding any and 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/Legal Center and appropriate computer(s) of the County. 5 Prisoner Delivery and Notification. 5.1. When it becomes necessary to incarcerate City prisoners in the County due to City Detention Facility space limitations or for other reasons, the City 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 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 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 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 through the Cooperative Transport System 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. If the City 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. Interlocal Jail Agreement 3 5.4. When the City holds a prisoner in custody at the City Detention Facility pursuant to charges from other jurisdictions which participate in the Cooperative transports system, the City will notify the County of the transport need and detain the prisoner until the next transport date. The City 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 conceming 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 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. 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 City shall be responsible for arranging and delivering City prisoners held by the County pursuant to this Agreement for applicable City 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 and Insurance. 9.1. The County agrees to hold harmless, indemnify, and defend the City, 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 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, its elected officials, officers, employees, and agents in connection with or Interlocal Jail Agreement 4 incidental to the performance or non-performance of the City 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 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. Insurance. The City understands that the County is part of the Washington Counties Risk Pool. Should the County discontinue participation in said risk pool, or reduce the limit of insurance in said risk pool to less that three million per occurrence, the County shall immediately notify the City. 9.5. 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 designee(s) via Email if a City prisoner requires medical or dental treatment at a medical or health care facility. It shall be the City responsibility to promptly notify the County of any changes in its designee(s). The City shall bear the expense of any physician, hospital, convalescent, dental, prescription medicine or medical care expense of it's prisoners (other than that administered within the facility) confined (1) for violation or alleged violation of a City Ordinance, or (2) for other charges initiated by the City 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 pursuant to the requirement of this section. For prisoners who are assaulted or accidentally injure themselves while housed in the County jail, the medical costs will be the responsibility of the County. If an inmate intentionally injures themselves or instigates an action where they are injured the cost goes to the City or is fractionalized as appropriate. 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, 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 Interlocal Jail Agreement 5 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 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 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, 2010 through midnight December 31, 2010, 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 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.Assiqnment. 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. 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. Interlocal Jail Agreement 6 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 writ and sent or hand -delivered to the parties to their addresses as follows: TO CITY: Chief Sam Granato 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 n9 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 Goveming 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 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 bymajority 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 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. CITY OF YAKIMA BOARD OF YAKIMA COUNTY COMMISSIONERS Interlocal Jail Agreement - 7 By: Date: c>th S/ ATTEST: City Clerk Jeoz-7 Cit) Contract No. aB/D-/,fir Resolution No. ie-AOft) _�•� interlocal Jail Agreement 8 BOARD OF YAKIMA COUNTY COMMISSIONERS \\UItttrtrt, t/ Mott, Commissioner �••`(, . IMA .00(/ /b1///, the Board of County Commissi •OF W ASA//-• .� 7ma County, Washington _•� =w;cn I. • ' x , o�\`[MI" C stina Steiner, Clerk of the Board 56Ge,6a--aDl0 Approved to form: Le W OlAd Stefanie Weigand, Senior Deputy Prosecuting Attorney Attachment A YA UMA COUNTY INTER -LOCAL CORRECTIONS AGREEMENTS - 2010RATES Local Detention/Correction Rates: Booking Fee Last Day Daily Housing Daily Electronic Home Monitoring Daily Electronic Home Supervision Billing Detail: 2010 None None $79.75 $7.50 $5.00 Fractionalized Billing per current practice. No booking Fee No last day charge unless first and last days are the same (incarceration only) Other special Agreement 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. • Electronic Home Detention (City determines monitoring and supervision) • Work Crews. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. *1 For Meeting of February 16, 2010 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 SUMMARY EXPLANATION: Attached is a resolution authorizing the execution of an Interlocal Jail Agreement between the City of Yakima and Yakima County. The City of Yakima does not have sufficient jail capacity to house the necessary number of misdemeanor offenders in the Yakima City Jail. The proposed contract will allow the City of Yakima to continue to house excess misdemeanor offenders in the Yakima County Jail for a daily per bed rate of $79.75 through the end of 2010. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Funding Source e•—•\ APPROVED FOR SUBMI 1 IAL: City Manager STAFF RECOMMENDATION: It is recommended the Council adopt the contract authorizing the execution of this agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: