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HomeMy WebLinkAboutR-1993-111 Correction - DetentionRESOLUTION NO. R-93- 111 A RESOLUTION authorizing the City Manager to execute an Interlocal Correction/Detention Agreement with the City of Wapato for incarceration of City of Yakima prisoners. WHEREAS, the City's Chief of Police, Pleas Green, has negotiated an Interlocal Correction/Detention Agreement with Lonnie D. James, Chief of Police for the City of Wapato for lease of 20 beds in the City of Wapato detention facility, a copy of said Agreement is attached hereto and incorporated herein by reference; and WHEREAS, the City Council finds it to be in the best interests of the City of Yakima to enter into said Interlocal Correction/Detention Agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached Interlocal Correction/Detention Agreement with the City of Wapato. ADOPTED BY THE CITY COUNCIL this 2nd day of November , 1993. ATTEST: City Clerk !ls)res/city of wapato sw Mayor INTERLOCAL CORRECTION/DETENTION AGREEMENT This Agreement is made and entered into by and between the City of Yakima, Washington (hereinafter referred to as "Yakima") and the City of Wapato, Washington (hereinafter referred to as "Wapato"), to become effective on the date last written below. L RECITALS A. It is the desire and intent of Yakima, through its police department, to utilize the detention facilities maintained by Wapato, and to compensate Wapato therefor, pursuant to the terms of this Agreement, for the care and custody of jail prisoners of Yakima arrested and/or detained for a violation of the Yakima Municipal Code and adopted portions of the Revised Code of Washington. B. In accordance with the terms and conditions herein, Wapato desires to make its facilities available for Yakima through the Yakima Police Department, to provide for the care and custody of jail prisoners arrested and/or detained for a violation of the Yakima Municipal Code and adopted portions of the Revised Code of Washington. G This Agreement is entered into by and between the parties pursuant to Chapters 39.34 and 70.48 of the Revised Code of Washington, which provide for interlocal agreements for hiring and sharing of correction/detention facilities between local governments. II, AGREEMENT Therefore, in consideration of the mutual covenants, conditions and promises herein, the parties mutually agree as follows: 1. Tern,. The term of this Agreement shall be for one (1) year commencing December 1, 1993 and terminating at 11:59 p.m. on December 1, 1994. 2. Incarceration. Wapato shall accept and incarcerate up to twenty (20) prisoners of Yakima per day, for a period of up to thirty (30) days each. Wapato shall feed, as provided herein, and otherwise generally care for such prisoners in the same manner as its own prisoners and in the same manner consistent with rules governing its jail. Such prisoners incarcerated for Yakima by Wapato shall be subject to all rules and regulations of Wapato governing its jail facility, including Wapato's visitation rules and regulations. Wapato shall retain the right to refuse to incarcerate and/or provide any other services to such Yakima prisoners, who, as determined by Wapato, constitute a security risk or who are arrested, held or detained Interlocal Correction Agreement Page 1 by Yakima for any violent crime. Female prisoners of Yakima will be accepted for incarceration by Wapato only upon prior agreement. 3. Compensation. Yakima agrees to pay Wapato each month the sum of twenty dollars ($20.00) per day for each Yakima prisoner incarcerated in Wapato jail facilities pursuant to the terms of this Agreement. Any part of the day, beyond six (6) hours, shall be considered a full day. Payment shall be made for the first day of incarceration, but not for the last day of incarceration. The charges in this section shall apply without regard to whether the prisoner has been charged, tried, or sentenced and shall continue until Yakima notifies Wapato that the prisoner is to be released or until the sentence has been served by the prisoner. 4. Clothing and Bedding. Yakima agrees to provide each Yakima prisoner with necessary or appropriate coveralls or civilian clothing and to provide each such prisoner with a booking kit and Wapato with a medical booking sheet for each Yakima prisoner. 5. Booking Procedure. Yakima prisoners shall be booked according to the procedures and policies of Yakima. Prisoners personal property shall be held by Wapato and be transported with each prisoner to the Wapato jail facility. 6. Prisoner Delivery and Notification. Yakima shall be responsible for delivering its prisoners to Wapato jail facilities and for notifying Wapato of all prisoners to be released. No person who appears to be sick or injured shall be accepted for incarceration in Wapato jail facilities until he has received proper medical attention. Wapato shall provide Yakima with a monthly list of Yakima prisoners housed during the billing month. 7. Court Appearances. Yakima shall be responsible for arranging court appearances for its prisoners and shall, whenever necessary for court appearances, arrange to take custody of such prisoners at the facility where incarcerated and redeliver such prisoners to the appropriate facility. 8. Medical Treatment. Yakima shall be responsible for all medical and dental needs of Yakima prisoners, and shall provide transportation for all emergency and non -emergency medical and/or dental treatment of such prisoners. In the event any emergency medical or dental treatment is required for any Yakima prisoner while such prisoner is incarcerated in the Wapato jail facilities, Wapato shall provide transportation to an appropriate health facility if no Yakima transportation is available. All medical expenses, including emergency and non -emergency medical and dental expenses, shall be paid by Yakima. In addition, Yakima agrees to reimburse the City for any costs incurred by Wapato in providing transportation for any Yakima prisoner who requires emergency medical or dental treatment. Wapato shall immediately notify the Yakima Police Department in writing if a Yakima prisoner requires non -emergency medical or dental treatment at a medical or health care facility. Non -emergency medical or dental care will be provided only by or with the consent of Yakima. If neither the inmates nor the Washington State Department of Social and Health Services, nor any other source provides payment, Yakima shall bear the expense of any physician, hospital, convalescent, mental, prescription medicine or medical care expense of Yakima prisoners. Wapato shall bear the expense of any such medical care which is directly caused by misfeasance or malfeasance of Wapato, its officers or agents. "Immediate notification" shall mean Interlocal Correction Agreement Page 2 notification as soon as reasonably possible with the understanding that such notification may not be reasonably possible prior to emergency care. 9. Liability. Yakima shall defend, indemnify and hold Wapato harmless from any and all liability arising from the performance of any or all provisions of this Agreement, which liability arises out of or is caused by misfeasance or malfeasance of Yakima, or negligence of Yakima, its officers or agents, including any and all liability arising from injury to a prisoner resulting from acts of Yakima, or the acts of officers or agents of Yakima. Yakima shall defend, indemnify and hold harmless Wapato, its officers and agents, against all suits, actions, damages, judgments, costs and expenses brought or recovered or in any manner incurred by reason of the performance or nonperformance of any of the obligations imposed upon Yakima pursuant to this Agreement, or incurred by reason of any claim or demand which any prisoner may make, have or pretend to have by virtue of any false arrest or claim of false arrest or detention or any other claim arising out of the incarceration. 10. 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 70.96 A, Uniform Alcoholism and Intoxication Treatment. 11. Implementation. The chief officer of the Yakima Police Department and of the Wapato Police Department shall be jointly responsible for implementation and proper administration of this Agreement, and shall refer problems of implementation to the governing body of Yakima and Wapato for resolution as necessary. 12. Iviodification. This Agreement constitutes the entire agreement of the parties, and may not be modified except by written agreement between Yakima and Wapato. No oral understandings or agreements shall suffice to alter the terms of this Agreement. 13. Termination. Termination of this Agreement by either party may be accomplished upon ninety (90) days written notice to the other party stating the grounds for said termination and specifying plans for accommodating the affected prisoners. 14. Property. It is not anticipated that any real or personal property would be acquired or purchased by the parties solely because of this Agreement. 15. Equal Opportunity. The parties hereto are equal opportunity employers. 16. Effective Date of Agreement. This Agreement shall be effective December 1, 1993. In witness whereof the parties hereto have executed this Agreement to become effective on the day and year first above described. CITY OF YAKIMA CITY OF WAPATO N 4 \teak` City Manager Richard D. Calahan, Mayor Interlocal Correction Agreement Page 3 Attest: City Clerk Approved as to Form: CITY OF YAKIMA City Attorney P-61 3 / Interlocal Correction Agreement Page 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of November 2. 1993 ITEM TITLE: Interlocal Correction/Detention Agreement between the City of Yakima and the City of Wapato. SUBMITTED BY: Susan Woodard, City Prosecutor Pleas Green, Chief of Police CONTACT PERSON/TELEPHONE: Susan Woodard/575-6030 Pleas Green/575-6178 SUMMARY EXPLANATION: The City of Wapato Jail has 20 beds available for lease for a period of up to 30 days each. The cost of incarceration for each Yakima prisoner in the Wapato City Jail will be $20.00 per day including meals. The City of Yakima is currently paying Yakima County $50.90 including the booking fee for the first day of incarceration of each City prisoner. Each subsequent day is at a rate of $33.00 per day. The City will benefit economically by contracting with the City of Wapato for detention services at this reduced rate of incarceration. The Yakima Police Department can accommodate transportation of City prisoners to the Wapato detention facility. Resolution X Ordinance Contract X Other(Specify) Funding Source APPROVED FOR SUBMITTAL: City anager STAFF RECOMMENDATION: Authorize the City of Yakima to contract with the City of Wapato for detention services per the attached Agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. R-93-111 (1s)agenda/city of wapato sw