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HomeMy WebLinkAbout12/08/2009 09A Interlocal Jail Agreement with the City of Toppenish BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. c i For Meeting of December 8, 2009 • ITEM TITLE: Consideration of a Resolution in executing an Amendment to a Interlocal Jail Agreement between the City of Yakima and the City of Toppenish. • SUBMITTED BY: Sam Granato, Chief of Police . CONTACT PERSON/TELEPHONE: Chief Granato — 575-6211 SUMMARY EXPLANATION: Attached is a resolution authorizing the execution of an Amendment to an Interlocal Jail Agreement between the City of Yakima and the City of Toppenish. The City of Yakima does not have sufficient jail capacity to house the necessary number of misdemeanor offenders in the Yakima City Jail. The proposed contract will allow the City of Yakima to continue to house excess misdemeanant offenders in the Toppenish City Jail for a daily per •bed rate of $45.00 through the end of 2010. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: It is recommended the Council adopt the contract amendment authorizing the execution of this agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: • • RESOLUTION NO. R-2009- A RESOLUTION authorizing the City Manager of the City of. Yakima to execute an Amendment to an Inter local Jail Agreement with the City of Toppenish, Washington for the provision of jail services. WHEREAS, the Yakima Police Department requires additional space to house prisoners held on Yakima Municipal Court charges; and WHEREAS, the City of Toppensih is willing to provide jail services for Yakima prisoners through 2010 in accordance with the terms and conditions of the attached Amendment to an Interlocal Jail Agreement; and • WHEREAS, the City of Toppenish and the City of Yakima have had prior agreements for such purpose with the most recent expiring on December 31, 2009; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City of Yakima agree to the Amendment of the Interlocal Jail Agreement with the City of Toppenish for the provision of jail services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the amendment to "Interlocal Jail Agreement City of Toppenish — City of Yakima" for the provision of jail services. ADOPTED BY THE CITY COUNCIL this 81h day of December, 2009. David Edler, Mayor ATTEST: City Clerk CITY OF YAKIMA INTERLOCAL JAIL AGREEMENT AMENDMENT is WHEREAS the City of Yakima and the City. of Toppenish have a contract dated the 1 day of January, 2009, for the incarceration of prisoners, and WHEREAS the City of Yakima and the City of Toppenish wish to continue this Agreement, NOW THEREFORE IT IS AGREED TO AMEND THE INTERLOCAL JAIL AGREEMENT AS FOLLOWS: 1. The City of Toppenish, through its police department, will continue to provide space for the City of Yakima prisoners at the rate of forty five dollars ($45.00) per day, per prisoner, from January 1, 2010 thru December 31, 2010. 2. The City of Toppenish through its police department may collect a ten dollar ($10.00) booking fee from the inmate to be retained by the city. CITY OF YAKIMA CITY OF TOPPENISH By: By: II46 R.A. Zais Jr., City Manager William Murphy, Ci Manager Date: Date: Attest: Attest: INTERLOCAL JAIL AGREEMENT • THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN the City of Toppenish and the City of Yakima, hereinafter referred to as Toppenish and Yakima WITNESSETH: IN CONSIDERATION of the mutual promises herein, the parties hereto mutually agree to as follows: 1. PURPOSE. It is the purpose and Intent of this Agreement that Toppenish and Yakima, shall cooperate with each other for the care, keeping and custody of male and female prisoners, over the age of 18 years, pursuant to the authority of Section 39.34.080 of the Revised Code of Washington. This Agreement is intended to apply to those instances in which it is desirable for Yakima, and not an undue burden on the Toppenish Police Department, that a person be detained at the Toppenish Jail Facility. 2. INCARCERATION. Toppenish shall accept and incarcerate male and female prisoners for Yakima, and will feed and otherwise generally care for those prisoners in the same manner as its own prisoners and in a manner consistent with the rules governing the jail, providing the jail facility has available space. The Yakima Police Department shall determine the amount of time to be served, by any person who is committed by the Yakima Municipal Court. Commitment paperwork will be provided upon booking of the prisoners. Prisoners who do not have times calculated will not be accepted. Inmates brought to the Toppenish Jail must be court committed inmates. Prisoners who do not have their limes calculated will immediately be released. 3. PAYMENT. Yakima shall pay Toppenish for the incarceration of its prisoners, the sum of FORTY TWO DOLLARS AND SIX (6) CENTS (842.06) per prisoner, per day or any portion thereof. Toppenish shall, by the fifteenth (15) day of each • month, send to Yakima a statement of incarceration charges incurred in the preceding month. Yakima shall use it to be paid by the end of every month in which it is received. • 4. PRISONER DELIVERY AND NOTIFICATION. The Yakima Police Department • shall be responsible for delivering its male and female prisoners to the custody of • Toppenish and for notifying Toppenish of the date and time any prisoner is to be • released. Toppenish Police Department personnel may be utilized for • transportation of prisoners W it desirable by both parties. 5. BOOKING PROCEDURE. Male and Female prisoners will be booked into Jail • by Toppenish Police Department staff. Prisoner's personal property will be held and handled in the same manner as those prisoners of Toppenish. A sick or • injured prisoner will NOT be accepted until a medical release is acquired from a medical care provider. 6. COURT APPEARANCES. Thma agency will be responsible for arranging any court appearances for the prisoners prisoners subject o this agreemont, and will whenever necessary for court appearances, arrange to take custody of such prisoners at the jail faciIity and redeliver such prtsoners if approprate 7. BAIL ����FINE. Twppenimh will not accept baU.�nos.o[ other n�onAaofor the City of Yakima. 8. LIABWUTY. Toppenish agrees to hold harmless, indemnlfy and defend Yakima and its officers, elected officials, employees and agents from and against all suits, actions, claims, liabilities, damages, judgments, costs and expenses (including mdwmna s fees) which resLlt from or arise out of the sole negligence of Topperlish, lts eiected officials, officers, ernployees, and agents in connection with or incidental to the performance or failure to perform under this Agreement, including b�tnot |\m�mdtoo|oimms related ko alleged mio�mmhnen� injury, mrdmmthtoany prisoner, or loss or dama#e to prisoner property while in Toppenish custody. . Yakima ages to hotd hamiless, indemnfy and defend Toppenish and its officers, elected officials, ermplmyee.m and agents from and against aPI suits, actions, claims, !iabilitles, damages, judgments, penalties, costs and expenses (including aUmnnen'mMaem) which result from, anse out of, the sole negllgence of Yakima, its elected officials, offiwmre, mn`p|oyaes, and agents In connaction with or incidental to the performance perfomiance or failure to perforrri under this Agreement, inciuding but not hmited to claims related to faise arrest. 9. MEDICAL TREATMENT. Toppenish will provide and furnish for prisoners confined in its jail facility that minor medical care, attention and treatment which is administered 4thin the jail facIity to its own prisoners. Yakima will bear the expense of pmscription medicines and other physician, hospital, convalescent, dental, or other medical care of its own prisoners confined within the jail facility under authority of this agreement if neither the inmate nor the Washington State Department of Public Assistance nor other source provides payment; provided that Toppenish will bear the expense of any such medical treatment which is directly and solely necessitated by negligence on the part of its officers or agents, or their mistreatment of prisoners; and providing further that medical care riecessitated by an unforeseeable ect,. omisslon, or conditiori of a prisoner, or of a third person not involved in maintenance mf the jail tmc|lihy,vvil| be the responsibility of tho arresting agency. Iri the event that a Yaluma inmate held by Toppenish pursuent to this Agreement develops a serious medical condition requiring overnight admission (not just treatment) to a hospital, Toppenish shali provide Immediate notification by telephone ed(509)SJ5-3571mf such condition. Upon receipt of notification, �f • � Yakima agrees to scek a court order granting immediate furlough of the inmate. 1' a court order granting furiough is unattainable, Yakima shall accept custody of the inmate. The retum of custody shall occur within four hours of the recelpt of notice. "Immediato Notification" shaH mean notification as soon as reasonably possible before the inmate receives emergency rnedical care with the understanding that such notice may not be reasonably possible prior to the emergency care. No person who appears sick, injured, or intoxicated with an alcohol level of .25 or more will be accepted for booking until he/she has received medical clearance from a medical care provider. 10. IMPLEMENTATION. The Toppenish Public Safety Director and the Yakima Police Chief will be jointly responsible for implementation and proper administration of the agreement, and will refer problems of implementation to the governing body of Toppenish and Yakima for resolution if necessary. 11. MODIFICATION. Modifications of this agreement may be accomplished by written agreement between Toppenish and Yakima and oral understandings or agreements shall suffice to alter terms of this agreement. 12. TERMINATION. Termination of this agreement by either party may be` accomplished upon ninety (90)days written notice to the other party stating reason for said termination and the plans for accommodating the affected jail population as required in RCW 70.48.090(1). 13. DURATION. The duration of this agreement shall be from January 1, 2009 through December 31, 2009; Renewals will be discussed beginning in August of each year. 14. PROPERTY. It Is not anticipated that any real personal property will be jointly acquired or purchased by the parties solely because of this agreement 15. 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 chapter 49.60) or the Americans with Disabilities Act(42 USC 12110 et seq.). 16. NON-WAIVER. The failure of either party to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof of the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement 17. GOVERNING LAW. This agreement shall be governed by and construed in accordance with the law of the State of Washington, 18. NOTICES. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand-delivered to the parties to their addresses as follows: YAKIMA: Sam Granato, Police Chief Yakima Police Department 200 South Third Street • Yakima, WA 98901 TOPPENISH: Adam Diaz, Chief of Police Toppenish Police Department 1 W.at nost Avenue Toppenish, WA 98948 19. INTEGRATION: This written document constitutes the entire Agreement between. Toppenish and Yakima. There are no other oral or written Agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement to become effective on the day and year first mentioned. • CITY OF TOPPENISH CITY OF YAKIMA WfflianMurphyC, Ma ager R. A. Zais J ., City Manager DATE DATE 1123107 J I P. p_o 09 ATTEST: ATTEST: (1_,A€„41/ttcr '14k4 0111 ' • .2 41 # R.ibsckS, (kly Cleric 0 * SEAL CITY CONTRAC I NO ° ‘k.N... RESOLUTUDN NO1