HomeMy WebLinkAboutR-1995-009 Nullify Contract•
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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