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
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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
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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
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