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HomeMy WebLinkAbout3290 RESOLUTION NO. 3 2 9 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR HOUSING OF INMATES IN THE YAKIMA COUNTY JAIL, BETWEEN THE CITY OF AUBURN AND YAKIMA COUNTY, WASHINGTON. WHEREAS, the City of Auburn's Detention Facility has exceeded the capacity of the facility to hold those inmates, and WHEREAS, the City of Auburn has identified the need to provide a additional detention facilities; and WHEREAS the City of Auburn has negotiated fair terms for this service with Yakima County. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor of the City of Auburn is herewith authorized to execute an Agreement between the City of Auburn and Yakima County for providing inmate housing. A copy of said Agreement is attached hereto as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 3290 November 16, 2000 Page 1 DATED and SIGNED this,.~ ay of -Deeember, 2000 CITY OF AUBURN CHARLES A BQOTH MAYOR ATTEST: 'Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 3290 November 16, 2000 Page 2 AGREEMENT BETWEEN YAKIMA COUNTY, WASHINGTON AND CITY OF AUBURN, WASHINGTON, FOR THE HOUSING OF INMATES IN THE YAKIMA COUNTY JAIL THIS AGREEMENT is made and entered into on this~da~y of ~OI/~r/~bO~, 2000 by and between the city of Auburn, and the Board of County Commissioners of Yakima, County, Washington, hereinafter referred to as "Yakima County" for the department of corrections, each party having been duly organized and now existing under the laws of the State of Washington. WlTNESSETH: WHEREAS, the Director of Corrections of both entities are authorized by law to have charge and custody of the County jail and all the prisoners or inmates therein; and WHEREAS, to relieve the crowding in the Auburn jail, the City of Auburn wishes to designate the Yakima County jail as a place of confinement for the incarceration of one or more inmates lawfully committed to it's custody; and WHEREAS, The Director of the Corrections of Yakima County is desirous of accepting and keeping in his custody such inmate(s) in the Yakima County jail for a rate of compensation mutually agreed upon by the parties hereto; and WHEREAS, RCW 39.34.080 and other Washington law, as amended, authorizes any county to contract with any city to perform any governmental service, activity or undertaking which each contracting jurisdiction is authorized by law to perform; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as amended, NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: 1. GOVERNING LAW The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to an inmate(s) confined pursuant to this Agreement. 2. DURATION This Agreement shall enter into full force and effect from the effective date hereto and end December 31, 2002, subject to earlier termination as provided by Section 3 herein. This agreement may be renewed for like successive periods by written addendum under such terms and conditions as the parties may determine. Nothing in this Agreement shall be construed to make it necessary for the City of Auburn to have inmates housed in Yakima County continuously. 3. TERMINATION (a) By either party. This Agreement may be terminated by written notice from either party to the other party delivered by regular mail to the contact person identified herein, provided that termination shall become effective sixty (60) working days after receipt of such notice. Within said sixty (60) days, City of Auburn agrees to remove its inmate(s) from the Yakima County jail. (b) By City of Auburn due to lack of funding. The obligation of the city of Auburn to pay Yakima County under the provision of this Agreement beyond the current fiscal year is expressly made contingent upon the appropriation, budgeting availability of sufficient funds by the city of Auburn. In the event that such funds are not budgeted, appropriated or otherwise made available for the purpose of payment under this Agreement at any time after the current fiscal year, then the city of Auburn shall Agreement Between YakimaCounty/City of Auburn [!? J~ ~ ~l~ ~ Page I of 6 have the option of terminating the Agreement upon written notice to Yakima County, except that all services provided to that point shall be compensated at the agreed rate. The termination of this Agreement for this reason will not cause any penalty to be charged to the city of Auburn. (c) In the event of termination of this agreement for any reason, the City of Auburn shall compensate Yakima County for prisoners housed by Yakima County after notice of such termination until its inmates are returned in the same manner and at the same rates as if this agreement had not been terminated. 4. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: Yakima County: Yakima County Dept. of Corrections 128 N. Second Street Yakima, WA 98901 Contact Person: Kenneth A. Ray, Director City of Auburn: City of Auburn Police Department 101 North Division Auburn, WA 98801 Contact Person: James J. Kelly, Chief of Police 5. COMPENSATION (a) Rates. Yakima County agrees to perform one (1) transport per week between the Yakima County Department of Corrections and the City of Auburn, or other near location mutually agreed to in order to transport Auburn inmates to and from the City of Auburn, and, accept and house the city of Auburn inmates for compensation per day per inmate at the rates provided in the table below Calendar Year 2001 Daily Rates Monthly Average Daily Daily Population (city of Auburn Rate inmates in Yakima County Jail) As Agreed up to 64 $51 65 - 74 $50 75 - 84 $49 85 + $48 (b) Rate Adjustments. The daily rates will be reviewed annually by Yakima County. Proposed adjustments will be forwarded to the City of Auburn by Yakima County not later than December 1 to be effective the following January 1. Rate adjustments will be approved by written addendum between the city of Auburn Finance Director and the Yakima County Department of Corrections. (c) Billing and payment. Yakima County agrees to provide the city of Auburn with an itemized bill listing ail names of inmates who are housed, the number of days housed and the dollar Agreement BetweenYakimaCouniy/CilyofAubum II I ?~,~ 5~ \M Page2of6 amount due for each. Yakima County agrees to provide said bill on or about the 10th of each month. The city of Auburn agrees to make payment to Yakima County on or about thirty (30) days from the date the bill is received. 6. RIGHT OF INSPECTION The city of Auburn shall have the right to inspect, at all reasonable times, all Yakima County jails in which inmates of the city of Auburn are confined in order to determine if such jail maintains standards of confinement acceptable to the city of Auburn and that such inmates therein are treated equally regardless of race, religion, color, creed or national origin. 7. FURLOUGHS PASSES, AND WORK RELEASE Yakima County agrees that no furloughs, passes or Work Release shall be granted to any inmate housed pursuant to this Agreement without written authorization by the city of Auburn. 8. INMATE ACCOUNTS Yakima County shall establish and maintain an account for each inmate received from the city of Auburn and shall credit to such account ail money which is received and shall make disbursements, debiting such account in accurate amounts for the inmate's personal needs. Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. Yakima County shall be accountable to the city of Auburn for such inmate funds. At either the termination of this Agreement, the inmate's death, release from incarceration or return to either the city of Auburn or indefinite release to the court, the inmate's money shall be transferred to the inmate's account in care of the city of Auburn. If requested by the City of Auburn, Yakima County Department of Corrections will return said inmate reimbursement to the City of Auburn in the tbrm ora check in the name of each inmate eligible for said reimbursement. 9. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Yakima County to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for the inmates' physical needs; to make available to them programs and/or treatment consistent with their individual needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require Yakima County, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement. 10. MEDICAL SERVICES (a) Inmates from the city of Auburn shall receive such medical, psychiatric and dental treatment as may be necessary to safeguard their health while housed in the Yakima County jail. Yakima County shall provide or arrange for the providing of such medical, psychiatric and dental services. Except for routine minor medical services, the city of Auburn shall pay directly or reimburse Yakima County for all costs associated with the delivery of any emergency and/or major medical service provided to the city of Auburn inmates. (b) Yakima County shall keep an adequate record of all such services. The city of Auburn shall review at its request. Any medical or dental services of major consequence shall be reported to the city of Auburn as soon as time permits. (c) Should medical or dental services require hospitalization, the city of Auburn agrees to compensate Yakima County dollar for dollar any amount expended or cost incurred in Agreement Between Yakima Couniy/City of Auburn II [) ~!_~ ~1 Page 3 of 6 providing the same; provided that, except in emergencies, the city of Auburn will be notified either by phone or fax prior to the inmate's transfer to a hospital and nothing herein shall preclude the city of Auburn from retaking the ill or injured inmates. 11. DISCIPLINE Yakima County shall have physical control over and power to execute disciplinary authority over all inmates of the city of Auburn. However, nothing contained herein shall be construed to authorize or permit the imposition of a type of discipline prohibited by the Laws of the State of Washington. 12. RECORDS AND REPORTS (a) The city of Auburn shall forward to Yakima County before or at the time of delivery of each inmate; a copy of all inmate records pertaining to the inmate's present incarceration at the City of Auburn City Jail. If additional information is requested regarding a particular inmate, the parties shall mutually cooperate to provide any additional information. (b) Yakima County shall keep all necessary and pertinent records concerning such inmates in the manner mutually agreed upon by the parties hereto. During an inmate's confinement in Yakima County, the city of Auburn shall upon request be entitled to receive and be furnished with copies of any report or record associated with said inmate(s) incarceration. 13. REMOVAL FROM THE JAil, An inmate of the city of Aubnm legally confined in Yakima County shall not be removed therefrom by any person without written authorization from the city of Auburn or by order of any court having jurisdiction. This paragraph shall not apply to an emergency necessitating the immediate removal of the inmate for medical, dental, psychiatric treatment or other catastrophic condition presenting an eminent danger to the safety of the inmate or to the inmates or personnel of Yakima County. In the event of any such emergency removal, Yakima County shall inform the city of Auburn of the whereabouts of the inmate or inmates so removed, at the earliest practicable time, and shall exercise all reasonable care for the safe keeping and custody of such inmate or inmates. 14. ESCAPES In the event any city of Auburn inmate shall escape from Yakima County's custody, Yakima County will use all reasonable means to recapture the inmate. The escape shall be reported immediately to the city of Auburn. Yakima County shall have the primary responsibility for and authority to direct the pursuit and retaking of the inmate or inmates within its own territory. Any cost in connection therewith shall be chargeable to and borne by Yakima County; however, Yakima County shall not be required to expend unreasonable amounts to pursue and return inmates from other states or other countries. 15. DEATH OF AN INMATE (a) In the event of the death ora city of Auburn inmate, the Yakima County Coroner shall be notified. The city of Auburn shall receive copies of any records made at or in connection with such notification. Yakima County will investigate any death within its facility and will allow the City of Auburn to join in on the investigation. (b) Yakima County shall immediately notify the city of Auburn of the death of a city of Auburn inmate, furnish information as requested and, subject to the authority of the Agreement Bc~veen Yakima County/City of Aulmrn I I 15!~{~ ~:~ \\~ Page 4 of 6 Yakima County coroner, follow the instructions of the city of Auburn with regard to the disposition of the body. Written notice shall be provided within three week days of receipt by the city of Auburn of notice of such death. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by the City of Auburn. With the city of Auburn consent, Yakima County may arrange for burial and all matters related or incidental thereto, and all such expenses shall be paid by the city of Auburn. The provisions of this paragraph shall govern only the relations between or among the parties hereto and shall not affect the liability of any relative or other person for thc disposition of the deceased or for any expenses connected therewith. (c) The City of Auburn shall receive a certified copy of the death certificate for any of its inmates who have died while in Yakima County custody. 16. RETAKING OF INMATES In event the confinement of any City of Auburn inmate is terminated for any reason by either party, retaking of inmates shall be coordinated in the same manner and at the same rates as if this agreement had not been terminated, or in a manner that best meets mutual interest of both parties. 17. HOLD HARMLESS AND INDEMNIFICATION (a) The City of Auburn shall defend, indemnify and hold harmless Yakima County, its officers, agents and employees from any claim, cost, judgment or damages, arising from any city of Auburn action or proceeding involving the confinement of any inmates from the city of Auburn in Yakima County: provided that any such claim, cost, judgment or damage does not arise out of or in any way solely resulting from any allegations of any intentional, willful or negligent act or omission on the part of Yakima County or any officer, agent or employee thereof. (b) Yakima County shall defend, indemnify and save harmless the city of Auburn, its officers, agents and employees from any claim, cost, judgments or damages, arising out of any action or omission of Yakima County, its officers, agents or employees while said persons are in the custody of Yakima County or for any wrongful release of prisoners placed in their custody. (c) A prisoner shall become the responsibility of Yakima County at the point that the prisoner(s) is booked into Yakima County jail or where the prisoner(s) has been released to the care, custody and control of Yakima County. Liability shall transfer to Yakima County at this point. The City of Auburn shall be held harmless by the Yakima County under the terms of this section for all claims arising out of the detention of the prisoner(s). Accordingly, Yakima County shall be held harmless by the City of Auburn under the terms of this agreement, for claims arising out of the arrest of the prisoner(s), or arising out of any situation occurring prior to the time that Yakima County assumes responsibility for the prisoner(s). (d) Each party agrees to provide the other with evidence of insurance coverage. Each party shall obtain and maintain coverage in minimum liability limits of ONE MILLION AND 00/100 DOLLARS ($1,000,000) for its liability exposures, including commercial general liability, errors and omissions, auto liability and police professional liability. 18. MISCELLANEOUS (a) Yakima County shall have the right to refuse to accept any inmate from the city of Auburn when, in the opinion of Yakima County, its inmate census is at capacity or so near capacity that there is a substantial risk that, through usual operation of the jail, the reasonable operational capacity limits of the jail tnight be reached or exceeded. Agreement Beiween Yakima County/Cily of Auburn [ i I ~,,~} :i ~,~ \ ~ I Page 5 of 6 (b) Yakima County shall further have the right to refuse to accept any inmate from the city of Auburn who, in the judgment of Yakima County, has a current illness or injury which may adversely affect the operations of the Yakima County jail, has a history of serious medical problems, presents a substantial risk of escape, or presents a substantial risk of injury to other persons or property. (c) Except for the weekly transport provided by Yakima County pursuant to Section 5(a) hereof, City of Auburn prisoners incarcerated in Yakima County pursuant to this Agreement shall be transported to Yakima County by and at the expense of the city of Auburn and shall be returned, if necessary, to the city of Auburn by the city of Auburn personnel and at the city of Auburn's expense. (d) In providing services under this contract, Yakima County is an independent contractor and neither it nor its officers, agents or employees are employees of the city of Auburn for any purpose, including responsibility for any federal or state tax, industrial insurance or Social Security liability. Neither shall the provision of services under this contract give rise to any claim of career service or civil service rights, which may accrue to an employee of the city of Auburn under any applicable law, rule or regulation. 1N WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made effective on the day and year first above written: CITY OF AUBURN, WA BOARD OF YAKIMA COUNTY COMMISSIONERS Mayor Charles A. Booth Jesse Palacios, Chairman Al~l:o~v0d as ~0x~m: City Attorney ettie Ingham, Conu~si~)ner Michael J. Reynolds /am;s: Liwis, ~tfi~/~ioner ~ Daskam L~."';~'- Approved as to Form: RONALD S. ZIRKLE, Yakima County ' Chief Deputy Prosecutor Agreement Between Yakima County/City of Auburn II I,!)~5 5,~ \M Page6of6 I