HomeMy WebLinkAboutR-1995-060 City of Wapato• RESOLUTION NO. R-95- GO
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.
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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 thisS'-� dad of\ , 1995
ATTEST p j20,/
Cit} Clerk
s res r 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.
I. 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.
C. 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. Term. The term of this Agreement shall commence and be retroactive to
December 2, 1994, and terminate on December 31, 1996.
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
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such Yakima prisoners, who, as determined by Wapato, constitute a security
risk or who are arrested, held or detained 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.
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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 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. Modification. 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.
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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.
THIS AGREEMENT is executed by the parties this 3/ t?' day of
,T7 , 1995.
CITY OF YAKIMA CITY OF WAPATO
R. A. Zais, je, City Manager Richard C. Calahan, Mayor
ATTEST:
City Clerk
Cf3Y CENTR i NO.
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ATTEST:
City Cle