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HomeMy WebLinkAboutR-1995-009 Nullify Contract• • • RESOLUTION NO. R-95- 9 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute (1) Agreement to Nullify Contract/City of Yakima and Yakima County and (2) City of Yakima Correction Detention Agreement, both Agreements with the County of Yakima. WHEREAS, on August 22, 1991 the City of Yakima and Yakima County, Washington entered into a Memorandum of Understanding for the construction of additional jail beds whereby the City paid to the County $650,000 00 in return for reduced rates for the City's prisoners housed in the proposed minimum security addition to the County Jail, and WHEREAS, the County has proposed to nullify and cancel the August 22, 1991 Agreement in consideration of returning the $650,000 00 to the City and amending the City of Yakima Correction Detention Agreement to provide the City with reduced jail rates for City prisoners; and WHEREAS, the City Council has determined that it is inthe best interest of the City to nullify such Agreement upon receipt of reimbursement of the $650,000 00 and amendment of the City of Yakima Correction Detention Agreement; and WHEREAS, the Board of County Commissioners has determined that it is in the best interest of the County to reimburse the City the $650,000 00, nullify such Agreement, and amend the City of Yakima Correction Detention Agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute the attached (1) Agreement to Nullify Contract/City of Yakima and Yakima County and (2) City of Yakima Correction Detention Agreement. ADOPTED BY THE CITY COUNCIL this 24thday of January , 1995 sistant Mayor ATTEST Zn'Cle rk (1.1r../nn111tY Co rp INTERLOCAL CORRECTION/DETENTION AGREEMENT THIS INTERLOCAL AGREEMENT IS ENTERED INTO BY AND BETWEEN Yakima County (hereinafter referred to as County) and the city of Yakima, (hereinafter referred to as City) pursuant to RCW Chapter 39.34 and RCW 70.48.080. Witnesseth: IN CONSIDERATION of the mutual 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 and 70.48 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 city ordinance violation be detained in the County jail facility. 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 and subject to the Agreement to Nullify Contract entered into between the parties effective January 1, 1995. 3. Computation of Fees The Director of the Department of Corrections and Police Chief shall meet annually by August 15th 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. 4. Payment 4.1 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 city ordinance. The daily rate for the duration of this agreement will be for the amounts and periods as follows: Amount: $36.50 per day Period: January through June 1995; and $40.00 per day Period: July through December, 1995; and $42.73 per day Period: January through June, 1996; and $45.00 per day Period: July through December, 1996. 4.2 After the end of each calendar year, the daily rate shall be recalculated based upon actual fixed and variable costs and the actual number of prisoner days for the previous calendar year. If the recalculation results in an increase or decrease in the daily rate, the City of the County shall make the appropriate reimbursement to the other or the parties may agree to a change in the then current daily rate. Interlocal Jail Agreement 1 1/20/95 Yakima County/City of Yakima 5. Prisoner Delivery and Notification The City shall be responsible for delivering its prisoners to the jail and for notifying the County of all prisoners to be released. No person who appears to be sick or injured will be accepted for booking until he/she has received proper medial attention. The County shall provide the City with a monthly list of city prisoners housed during the billing month. 6. Booking Procedure Prisoners will be booked according to the procedures and polices 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. 7. Court Appearance and City Trusty 7.1 The City shall be responsible for arranging court appearances for its prisoners and will, under exigent circumstances, if the Department of Corrections services are unavailable, cooperate in arranging for the custodial transport of such prisoners from the facility of incarceration to the appropriate facility. 7.2 The County shall make a "good faith" effort to have a jail trusty available daily for city use. The City shall provide transportation for the trusty to and from the jail. 8. Bail The County shall deliver all bail to the appropriate court in a manner which is agreeable to the receiving court. 9. County and City Liability Each party shall indemnify and hold harmless the other, its officers, agents, and employees, for all actions, damages, judgments, costs and expenses they may suffer as a result of each party's own negligent acts. 10. Medical Treatment 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 Office of the Chief of Police in writing if a City prisoner requires medical or dental treatment at a medical or health care facility. If neither the inmate nor the Washington State Department of Social and Health Services, nor other source provides payment, the City shall bear the expense of any physician, hospital, convalescent, dental, prescription medicine or medical care expense of its 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. The County shall bear the expense of any such medical care which it directly caused by misfeasance or malfeasance of the County, its officer or agents. "Immediate notification" shall mean notification as soon as reasonably possible with the understanding that such notification may not be reasonably possible prior to emergency care. Interlocal Jail Agreement 2 1/20/95 Yakima County/City of Yakima 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 Department of Corrections and the Chief of Police 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. Modification Modification of this agreement may be accomplished only by written agreement between the parties and no oral understanding or agreements shall alter the terms of the agreement. 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 ground for said termination and specify plans for accommodating the effected prisoners. 15. Duration The duration of this agreement shall be from the date of execution by all parties until December 31, 1996, unless otherwise terminated. 16. Property It is not anticipated that any real or personal property will be acquired or purchase by the parties solely because of this agreement. 17. Miscellaneous The City agrees to support and participate in current and future intermediate sanction programs developed and operated by the Department of Corrections so long as those programs remain economically competitive. 18. 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 49.60) or the American with Disabilities Act (42 U.S.C. 12110 et seq.). In the event of the violation of this provision, the other party may terminate this agreement immediately. Interlocal Jail Agreement 3 1/20/95 Yakima County/City of Yakima CITY OF YAKIMA BOARD OF YAKIMA COUNTY COMMISSIONERS RICHARD ZAIS, Ciager Attest: barvicel adf4taCity �Cler CITY CONTRACT NO. Approved as to form: RONALD S. ZINE Deputy Prosecute g Attorney BETTIE INGHAM, Chao. JAME moic-7 ral WILLIAM H. FLOWER, Member Attest: SYLVIA E. HINOJ CLERK THE B A • DATED: ��Cit/ • 1) `qq DEPAR TH A. RAY; Dir ce for Interlocal Jail Agreement 4 1/20/95 Yakima County/City of Yakima BOARD OF YAKIMA COUNTY COMMISSIONERS * District One James M. Lewis December 20, 1994 Mayor Pat Berndt Councilman Clarence Barnett Councilman Lynn Buchanan Councilman Henry Beauchamp Councilman Bernie Sims Councilman Bill Brado Councilman Ernie Berger Ref: City Jail Costs * District Two Bettie Ingham Dear Members of the Yakima City Council: * District Three Charles J. Klarich Chairman This letter is written in response to your latest jail cost proposal dated November 29, 1994. We sincerely appreciate the efforts of Dick Zais, City Manager, and Pleas Green, Police Chief, for their perseverance and cooperation in working out a solution which is acceptable to all parties. We recognize the difficulties that jail costs cause for all of us and wholeheartedly agree that jail cost containment is a public concern which we all share. We have given considerable study to your latest proposal. Specifically, we have reviewed the issues of cost separation, facility and security improvements and operations, and program development. Our review has led us to believe that we have made a responsible and good faith effort to resolve the jail cost issue in a manner that gives the City of Yakima maximum consideration without jeopardizing the security operations or fiscal stability of the Department of Corrections. Taking into consideration your latest proposal and a modified implementation plan for our 1995 fiscal and operations plan, the following final counter -proposal is offered: 1. An inmate housing per diem flat rate as follows: • $36.50 per day January - June 1995 • $40.00 per day July - December 1995 • $42.73 per day January - June 1996 • $45.00 per day July - December 1996 FOC; COUNCIL INFO ONLY DATE //a.J'Y 128 North Second Street • Yakima, Washington 98901 • Telephone: 509 - 575 - 4111 • FAX. 509 - 454 - 2202 2. Home Detention daily rate of $5.25. This assumes that the City of Yakima intends to remain an active participant in the Home Detention program its indicated in your latest proposal. This also acknowledges that the Department of Corrections will continue to collect any additional fees above the $5.25 rate from participating offenders. 3. The City of Yakima will continue to support and participate in current and future intermediate sanction programs developed and operated by the Yakima County Department of Corrections as long as those programs remain economically competitive. 4. We ask that you accept the check you received in July for $650,000 as full arid complete payment for the 100 additional jail beds and that the attached agreement to nullify the original contract be signed by the City. We thank you for your spirit of cooperation with regard to this matter. Looking forward to a positive resolution soon. Sincerely, BOARD OF CO Charles J. TY COMMISSIONERS , Chairman Bettie Ingham, Csioner <` CITY OF YAKIMA Office of the Mayor ` CITY HALL, YAKIMA, WASHINGTON 98901 Phone: (509) 575-6050 November 29, 1994 Commissioner Chuck Klarich, Chairman Commissioner Bettie Ingham Commissioner Jim Lewis Board of Yakima County Commissioners 128 North Second Street Yakima, WA 98901 Re: Proposed Resolution to City Jail Cost Issues Dear Commissioners: This is in response to your correspondence of November 15 outlining your latest proposal to resolve the City jail cost issue. We appreciate and support your County Department of Corrections Director, Ken Ray, and his on-going efforts to contain the dramatically escalating costs of incarceration. Jail costs continue to consume a disproportionate share of our limited fiscal resources in both the City and Yakima County. Cost containment and cost- effective alternatives to incarceration certainly need to remain top priority goals. We continue to be disappointed that a separation of facility costs could not be implemented as originally intended. Your latest proposal did include removal of the annual "Facility Replacement Cost" and excluded the "Commissary" portion of the jail budget to achieve some savings. However, the "Facility Replacement Cost" line item was then replaced with a "Facility and Security Improvements" line item with an approximate $1.6 million dollar budget to be amortized over only a two-year period. It is our strong feeling that these proposed types of long-term improvements should be more appropriately amortized over at least a 20 -year time frame to minimize the annualized impact on both the City and County's budgets. In July 1994, the City proposed to extend the current Correction/Detention Agreement between the City and County, scheduled to expire at year-end 1994. This proposal suggested to extend the current contract for a period of two additional years and include the same fees for prisoner incarceration. The City currently pays $33 per day to the County for housing City misdemeanant offenders. The County's latest proposal of $45.40 per day would be a one-year increase of 38%! Such dramatic escalation of annualized costs simply cannot be immediately absorbed in the City's budget. County Commissioners November 29, 1994 Page 2 Following lengthy, intensive discussions with Council members and City staff, and in the interest of amicably resolving this issue and moving forward in a cooperative effort with the County, the City now proposes: 1. A phased approach to jail rate increases effective January 1995: January - June 1995 July - December 1995 January - June 1996 July - December 1996 (See Attachment I) $36.50 per day $40.00 per day $42.50 per day $45.00 per day 2. The County would reimburse the City the $650,000 which was paid to construct 100 additional jail beds in return for reduced jail rates for City misdemeanant offenders housed in the new Minimum Security Jail. We further propose that Yakima County reimburse the City for the interest lost on this potential investment over the past three years -- estimated at $70,118 by the City (See Attachment II) The City believes a phased approach to jail rate increases allows the County significant/averaged annualized increases of 16% in both 1995 ($38.25 per day) and 1996 ($43.75 per day) - see Attachment I. This proposal may require the County to implement a phased -in process for hiring all the proposed additional corrections staff to facilitate alternative programs. However, in view of our extremely limited fiscal resources for 1995 and 1996, and the difficulty of reaching Council member consensus on this most sensitive issue, we feel this to be a viable alternative. Further, this proposal represents a major concession by the City :Ln that we are offering to waive jail -cost savings for the last two years and significant savings for future years through a reduced jail cost rate, per the Memorandum of Understanding. Given the difficulty in achieving a consensus to reluctantly move from our earlier position of maintaining current jail fees, Council members feel if this proposal is not acceptable, we should mutually consider resolving this issue through an independent mediation process. If our current proposal does meet with your approval, we will proceed with the appropriate legislation on the Council agenda of December 20 to implement these contract amendments and terminate the prior Memorandum of Understanding dated August 22, 1991. We believe this proposal is consistent with the intent of our previous Memorandum of Understanding on the construction of new jail beds to help contain City jail costs to save taxpayer dollars. County Commissioners November 29, 1994 Page 3 Again, thank you for your continuing efforts to address this issue which, hopefully, can be resolved in the near future. larence Barnet ssista t Mayo 11 a tikt, Henry :•-: Coun (21.1 uchamp Member Ernie Berger Council Member c: City Council Members Dick Zais, City Manager Rick Paolella, City Attorney Pleas Green, Police Chief Sincerely, Pat Berndt Bi 1 Coun it Member Lyn Buchanan Council Member Bernie Sims Council Member Attachment I JAIL COSTS DATA City and County Jail Cost Projections Projected Year -End' :3;9.. 4: C t;y P:r: sones (24,074 prisoner days through October 1994) 1994..Projected City ::::Savings ped :Me oran lu :.:.. Understanding". ..:Agreement:: t :Ya k: ata. Cou:n:ty.: 1994 City Prisoner Days (projected) 29,000 1994 Prisoner Costs (projected) 2 9, 000 City Prisoner Days a. 80% = 23,200 @ $20 per day = $464,000 b. 20% = 5,800 @ $50 per day = 290.000 Subtotal $754,000 Total 1994 Projected Jail Cost Savings (per "Memorandum of Understanding") * Both projections exclude Medical and Home Detention Costs 3445 Jaid. •:Coat* .:per 'Co ;1.#ty $929,058* -754.000* $175,058 r.oP a:s s 1. 29,000 Prisoner Days @ $45.40 = a. Excludes Medical (1994 Projected) b. Excludes Home Detention (1994 Projected) Total 1995 Projected (w/'94 baseline projection) $1,316,600 49, 089 60,062 $1,425,751 a:. :City Proposal— Phased. :Jan:. C:os't Iu:cre.ases. 1995 Proposal January -June 1995 @ $36.50 per day x 14,500 days 529,250 July -December 1995 @ $40 per day x 14,500 days 580.000 Subtotal $1,109,250 a. Medical (1994 Projected) b. Home Detention (1994 Projected) Average annualized increase of 16% ($38.25 per day) 49,089 60.062 Total 1995 Projected (w/'94 baseline projections) $1,218,401 Jail Costs Data November 29, 1994 Page 2 1996 Proposal January -June 1996 @ $42.50 per day x 14,500 days 616,250 July -December 1996 @ $45.00 per day x 14,500 days 652.QQ Subtotal $1,268,750 a. Medical (1994 Projected) $ 49,089 b. Home Detention (1994 Projected) Average annualized increase of 16% ($43.75 per day) Total 1996 Projected (w/baseline projections) A1,3772901 Note: Costs for City Prisoners held in Wapato are not included in any of the above projections. Projected Jail Costs assumes no increase in total number of annualized City prisoner days. AGREEMENT TO NULLIFY CONTRACT CITY OF YAKIMA and YAKIMA COUNTY WHEREAS, on August 22, 1991, the City of Yakima (City) and Yakima County, Washington (County), entered into a Memorandum of Understanding for the Construction of Additional Jail Beds (Agreement) whereby by City paid to the County $650,000.00 in return for reduced rates for the City's prisoners housed in the proposed minimum security addition to the County Jail; and WHEREAS, the County has proposed to nullify and cancel the August 22, 1991 Agreement in consideration of returning the $650,000.00 to the City and amending the City of Yakima Correction Detention Agreement to provide the City with reduced jail rates for City prisoners; and WHEREAS, the City Council has determined that it is in the best interest of the City to nullify such Agreement upon receipt of reimbursement of the $650,000.00 and amendment of the City of Yakima Correction Detention Agreement; and WHEREAS, the Board of County Commissioners has determined that it is in the best interest of the County to reimburse the City the $650,000.00, nullify such Agreement, and amend the City of Yakima Correction Detention Agreement, now, therefore, NOW, THEREFORE, IT IS HEREBY AGREED between the City and County that the Memorandum of Understanding for the Construction of Additional Jail Beds dated August 22, 1991, is hereby null and canceled, and the parties shall have no further duties or obligations thereunder. The City hereby acknowledges receipt of $650,000.00 from the County as reimbursement of all sums paid in consideration of said Agreement. Adopted by the Yakima City Council by Resolution No. R-95-9 Richard Zais, Ci y Manager ATTEST: BOARD OF COUNTY COMMISSIONS YAKIMA COUNTY, WASHINGTON rj� %Bill Flower, Member Kare S. Roberts, City Cler DATED: " 15 CITY CONTRACT P!0 Page 1 of 1 (ls)agr/nullify Co.rp James M. Le s( ember ST Attest this day of January, 1995. Sylvia Hi ='osa, Cl►k . the Board Approved as to form: Deputy Pcuting Attorney MEMORANDUM OF UNDERSTANDING FOR THE CONSTRUCTION OF ADDITIONAL JAIL BEDS In order to relieve the shortage of space for minimum security criminal justice offenders and promote public safety and further the public welfare, the City of Yakima (City) and the County of Yakima (County) mutually agree to the following financing arrangement for the purpose of constructing an additional one hundred (100) beds (beyond the two hundred (200) beds initially decided upon by the County) in the new Yakima County Minimum Security Jail Facility (Jail Facility). The elements of this memorandum of understanding are as follows: 1. The County shall construct an additional one hundred (100) beds, in addition to the two hundred (200) beds already planned. Such facility shall be completed and operating on or before December 31, 1992. 2. The City will pay for the construction costs allocated to the additional one hundred (100) beds in an amount not to exceed Six Hundred Fifty Thousand Dollars ($650,000.00), payable to the County as follows: a) Two Hundred Thousand Dollars ($200,000.00) on or before September 1, 1991. b) Four Hundred Fifty Thousand Dollars ($450,000.00) on June 14, 1992; provided, however, that if jail construction is not complete on said date, then payment of the Four Hundred Fifty Thousand Dollars ($450,000.00) shall occur on the date of substantial completion. 3. The City and County will, if appropriate, jointly apply for a Cooperative Agreement Plan Funding grant of not less than Five Hundred Thousand Dollars ($500,000.00) from the United States Federal Marshal Service for funds that would be dedicated toward the construction cost of the Jail Facility. Upon receipt of these funds by the County one-half (1/2) of the grant funds will be Memorandum of Understanding - Page 1 -g7 allocated to the County for the jail project. The remaining one-half (1/2) of the grant funds will be allocated to the City for a credit against the City's contribution of up to Six Hundred Fifty Thousand Dollars ($650,000.00) set forth above; provided, however, that if the grant funds are received after the City has paid its Six Hundred Fifty Thousand Dollars ($650,000.00), then the County shall pay directly to the City one-half (1/2) of the grant funds received. 4. In the event that Federal Funding is unobtainable or not appropriated in the Federal Budget, then the City agrees to pay for the entire amount of its contribution towards the additional one hundred (100) beds in an amount not to exceed Six Hundred Fifty Thousand Dollars ($650,000.00). 5. If, as a condition of the grant, the County is required to commit additional beds to the U.S. Marshall, the County agrees to commit an additional 30 beds (for a total of 60 beds) to the U.S. Marshall. In such event, seventy (70) beds shall remain available for City prisoners from the additional one hundred (100) jail beds to be constructed. The term "available" shall mean that the County shall use its best efforts to provide seventy (70) jail beds for City use. 6. The County will not guarantee that the City will have exclusive use of any portion of the one hundred (100) newly constructed jail beds. The City shall not be required to guarantee payments for any of the additional bed space. Any bed space used by the City will be paid for at a daily rate to be agreed upon by the Yakima County Sheriff and the Yakima City Chief of Police, which reflects the actual operating costs of the new Jail Facility. 7. The County shall provide the City upon request with regular written status reports on the jail construction process, including but not limited to, full disclosure and accounting of all construction costs, payments, and disbursements; provided, however, that the County shall not be required to prepare any new documents or reports that are not already in existence. Memorandum of Understanding - Page 2 DATED this 9 rl. day of August, 1991. CITY OF YAKIMA: R.A. Zais,-Jr. City Manager CITY CONTRACT NO. '7 / :Y 7/0 0 - 7 7 YSOAdIJI.Bed YAKIMA COUNTY: Alex Deccio Chair an Graham Tollefson. County, ommissliop 93' Charles J. Iii County Commi ich sioner Memorandum of Understanding - Page 3 RESOLUTION NO. D' 5977 A RESOLUTION authorizing the City Manager to execute a Memorandum of Understanding for the Construction of Additional Jail Beds with the County of Yakima and providing for the City to pay for the additional jail bed construction in an amount not to exceed $650,000. WHEREAS, there is a critical need for additional jail space to house prisoners arrested by the City of Yakima Police Department; and WHEREAS, the County of Yakima has offered to construct an additional one hundred jail beds in the new Yakima County Jail Facility to be available for housing some City of Yakima prisoners in exchange for the City of Yakima's contribution toward additional jail bed construction costs in an amount not to exceed $650,000; and WHEREAS, the City Council has determined that the construction of an additional one hundred jail beds for a price $650,000 is very cost effective in protecting public safety and promoting the public welfare; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached Memorandum of Understanding for the Construction of Additional Jail Beds; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached Memorandum of Understanding for the Construction of Additional Jail Beds with the County of Yakima; ADOPTED BY THE CITY COUNCIL this /.3 day 1991. ATTEST: MAYOR CITY CLERK