HomeMy WebLinkAboutSpecial 2010-12-13 Item 3G - Interlocal Agreement - 2011 Inmate Housing with Yakima County Department of Corrections COUNCIL A GE FDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER. 10-149 'ORIGINAL AGENDA DATE. DECEMBER 13, 2010
Ac,I:ND.\ IT1 TITLE Yakima County Department of Corrections 2011 contract
C. \'I'I?GoltY Dzscusszotl Motion Resolutzon I 1 Ordznance E BzdAward
n Public Hearing n Other
Mfg Dale 12/13/10 Mtg Date 12/13/10 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPC )NS( nz n Councz/ Mayor 1 1 Adm Svcs 1 I DCD U Finance n Fare 1 1 Legal P&R Police 1 1 Pr
SPONSOR'S The Police Department will brief the City Council on the 2011 extension of the Yakima
SUMMARY County Department of Corrections Contract. An extension of the contract with Yakima
County is needed to sustain inmate housing requirements until the new South Correctional
Entity (SCORE) is constructed.
RI: \'tl:WI?l) 13Y 1 1 COW Mtg. CA &P Cmte F &S Cmte 1 1 Transportation Cmte
1 1 Utilities Cmte Arts Comm. n Parks Comm. 1 Planning Comm.
DATE. December 7, 2010
RECOMMENDATIONS:
SPONSOR /ADMIN Police Department
COMMITTEE Ilnanir ous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
ExPI?NDITURIs REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments
MTG. DATE 1 RECORD OF COUNCIL ACTION
12/13/10
t f
MTG. DATE I ATTACHMENTS
12/13/10 I Informational Memorandum dated 12/01/10
Yakima County Corrections Inmate Housing Agreement
I I Minutes from the Finance and Safety Committee meeting of 12/7/10
I I
I
11 3
114
4 4Y; City of Tukwila
4
NO
Jim Haggerton, Mayor
290 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM Eric Dreyer, Patrol Commander Tukwila Police
DATE: November 30th, 2010
SUBJECT: Yakima County Department of Corrections Contract 2011
ISSUE
The City's contract with the Yakima County Department of Corrections terminates on December
31 2010, and a new contract will need to be reinstated to cover inmate housing while we wait
for the South Correctional Entity (SCORE) facility to open its doors in late 2011 A 2011
contract with Yakima Jail has been drafted and is submitted for your review.
BACKGROUND
The City of Tukwila currently contracts with the Yakima County Department of Corrections for
housing of inmates associated with sentencing of Tukwila criminal convictions. In an effort to
provide a localized regional solution to the needs of several south King County cities, the City of
Tukwila and partnered cities have ownership in the new SCORE facility being constructed in
SeaTac Des Moines.
The SCORE facility:
Where the area is on the SeaTac Des Moines city lines, just south of the SeaTac
Runway, off of 200th to the north. The area is a patchwork of lands owned by the Port of
Seattle, the City of SeaTac, the City of Des Moines, and WSDOT.
Who Key Players involved are the cities of Auburn, Burien, Des Moines, Federal Way,
Renton, SeaTac, and Tukwila. SCORE is an independent administration agency and is a
separate legal entity from the 7 participating cities.
What Why SCORE's goal is to build and operate a 668 -bed misdemeanor jail to
provide capacity for displaced inmates from the KC jail by 2012. The overall plan for a
new jail system has been in the works since 2001.
When SCORE 's goal is to have its doors open for inmate acceptance in September of
2011.
With the termination of our current contract with Yakima County Department of Corrections on
December 31 2010, and the budgetary concerns associated with the King County Jail, there
will be a shortfall of inmate housing options for the City of Tukwila until the SCORE facility is
open.
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INFORMATIONAL MEMO
Page 2
DISCUSSION
The Contract:
A group of representatives from the impacted cities called the Jail Administration Group (JAG)
was formed to handle discussions on the regional housing needs of inmates. Although the
cities will negotiate individually for a contract with the Yakima County Department of
Corrections, the JAG has been working the Yakima County Department of Corrections for a
unified proposal. That proposed contract has been vetted through the Tukwila City Attorney and
the City Clerk's offices, and the final contract is attached for review.
The significant change in the contract is that there will be no minimum bed requirements. In
other words, we only pay for what we use. So, once SCORE is up and running, we will no
longer have a need for using the Yakima County Facilities.
Cost:
The current daily housing rate for Tukwila inmates is $75.35 per inmate per day. The new
contract will raise the rate to $99.80 per inmate per day. The increase is due to the budgetary
concerns impacting Yakima County and the clause that allows for no minimum bed requirement.
In 2010 the City of Tukwila has averaged 5 housed inmates per day, which, with the 2011
contract increase, equates to an increased cost of $32,640.75 for the anticipated time period.
(The first three quarters of 2011 until the SCORE facility is operational.)
The City currently budgets $1,120,000.00 for all of its inmate custodial needs, of which this
contract represents approximately 12.25 (budget line 000.10.523.699).
Less expensive alternatives for inmate housing are still being investigated. In the event no
other alternatives are found, this contract needs to be in place to fulfill the inmate housing
requirements of the City. This contract does not obligate the City to utilize the Yakima County
facility, yet leaves the option open for use if needed.
RECOMMENDATION
The Council is being asked to consider approval of the Yakima County Department of
Corrections 2011 one -year contract in order to cover the City's inmate housing needs until the
SCORE facility is opened in September of 2011.
The Council is being asked to consider this issue at the December 13th, 2010 Committee of the
Whole and subsequent December 13th, 2010, Special meeting.
ATTACHMENTS
The Yakima Jail Contract
11
AGREEMENT FOR INMATE HOUSING 2011
THIS INTERLOCAL AGREEMENT FOR INMATE HOUSING (hereinafter "Agreement is made and
entered into by and between Yakima County (hereinafter the "County and the City of
Tukwila (hereinafter the "City
WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize the City and the County to
enter into a contract for inmate housing, and
WHEREAS, the City desires to transfer custody of certain of its inmates to the County to
be housed in the County's corrections facilities during those inmates' confinement, and to
compensate the County for housing such inmates, and
WHEREAS, the County desires to house inmates who would be otherwise in the City's
custody on the terms agreed herein.
NOW, THEREFORE, in consideration of the mutual covenants, conditions, and promises
contained herein, the parties hereto mutually agree as follows:
1. Purpose. The purpose and intent of this Agreement is to establish the terms under
which the County will house City inmates during the calendar year 2011.
2. Definitions.
Business day means Monday through Friday excluding Yakima County standard holidays.
City Inmate means a person subject to City custody who is transferred to County custody
under this Agreement.
Committing Court means the court that issued the order or sentence that established the
City's custody of a City Inmate.
Detainer A legal order authorizing or commanding another agency a right to take custody of
a person.
YCDOC The Yakima County Department of Corrections.
3. General Provisions. The County shall accept City Inmates according to the terms of
this Agreement and shall provide housing, care, and custody of those City Inmates in the same
manner as it provides housing, care and custody to its own inmates.
The County shall manage, maintain, and operate its corrections facilities in compliance with all
applicable federal, state, and local laws and regulations.
4. Right to Refuse or Return Inmate. To the greatest extent permitted by law, the
County shall have the right to refuse to accept a City Inmate or to return a City Inmate to the
City, if the Inmate has a current illness or injury that is listed in Attachment A Medical
Acceptability, or in the reasonable judgment of the County presents a substantial risk of
escape, or of injury to other persons or property, or of adversely affecting significantly
disrupting the operations of the County's corrections facilities. The County shall provide notice
to the City at least one business day prior to transport if a City Inmate is being returned to the
City, The cost of transport shall be paid by the City unless the transport can be made by the
County within the terms set forth in Section Sof this Agreement.
Agreement for Inmate Housing 2011
Page 1 117
5. Inmate Transport. County Transported: The County shall transport Inmates to and
from the County's corrections facilities except when weather or other conditions beyond the
County's control prevent transport. Inmate transport dates will be determined by the
amount of inmates the City has housed with the County.
The County will pick up and drop off Inmates at the King County Regional Justice Center at 620
Wwest James Street, Kent, WA 98032. In the event the City wishes the County to pick up
and /or drop off a City Inmate at another detention or correction facility, the City shall notify the
County of the location of the Inmate for pick up and /or drop off. The County reserves the right
to refuse to transport a City Inmate to or from another detention or correction facility.
The City shall provide a written inmate transport list to the County no later than 1330 hours the
business day prior to transport. At the time of scheduling transport if possible, but no later than
transport pickup, the City shall provide to the County the warrant or court order detaining or
committing the Inmate, as well as any order that specifies the Inmate's next court date or
sentence to confinement.
The City shall provide a complete copy of each Inmate's records in its possession to the County
prior to transferring custody of the Inmate to the County. The County will not assume custody
of any inmate without a warrant or court order that commits the Inmate to confinement.
City Transported: The City will provide the County a written transport list to the County
no later than 1330 hours the business day prior to delivery. At the time of delivery, the City
shall provide the County the warrant or court order detaining or committing the inmate as well
as any order that specifies the Inmate's next court date or sentence to confinement.
The City shall provide a complete copy of each Inmate's records in its possession to the County
prior to transferring custody of the Inmate to the County. The County will not assume custody
of any inmate without a warrant or court order that commits the Inmate to confinement.
6. Inmate Records. The City shall provide all medical records in its possession to the
County's transport officers prior to the Inmate's departure from the City's detention or
designated detention facility. In the event the Inmate is transported by the City, the City shall
provide all medical records in its possession to the County's booking officer. In the event
additional information is requested by the County regarding a particular Inmate, the County and
City will mutually cooperate to provide the additional information needed.
7. Inmate Property. The County shall accept and transport Inmate property in
accordance with Attachment B Property, and shall be responsible only for inmate property
actually delivered into County possession. The County shall hold and handle each Inmate's
personal property in the same manner it holds and handles property of other County inmates.
In the event a City Inmate is being transported from a City designated detention or correction
facility, it will be the responsibility of the City to dispose of the Inmate's property not delivered
and accepted into County possession. When returning Inmates to the City, the County shall
transport Inmate property according to the provisions of Attachment B Property, and it shall
be the responsibility of the County to dispose of any of the Inmate's property not transported
with the Inmate.
8. Booking. Inmates shall be booked pursuant the County's booking policies and
procedures. Inmates transported by the City that are not acceptable at booking, will be the
responsibility of the City to transport back to City.
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Page 2
Pursuant to RCW 70.48.130, and as part of the booking procedure, the Department of
Corrections shall obtain general information concerning the Inmate's ability to pay for medical
care, including insurance or other medical benefits or resources to which a City Inmate is
entitled. The information is to be used for third party billing.
The County and City will attempt to develop a process at City detention facilities for pre booking
Inmates who are being transferred to the custody of the County.
9. Classification. Inmates shall be classified pursuant to the County's classification
policies and procedures, and within the sole discretion and judgment of the County. The City
shall provide information identified in Attachment C Classification, of this Agreement.
10. Housing. Inmates shall be assigned to housing pursuant to the County's policies and
procedures, and within the sole discretion and judgment of the County. Provided however, that
generally, if a City Inmate's classification qualifies him /her to be housed in the Yakima County
Corrections Center, and there is a bed available at the Yakima County Corrections Center, the
Inmate shall be housed in the Yakima County Corrections Center. Exceptions to this general
provision include circumstances such as: 1) No women are housed at the Yakima County
Corrections Center; 2) Inmates assigned to certain work crews must be housed in the Main Jail
or Annex; 3) Certain programs are available only to Inmates housed in the Main Jail or Annex;
4) Inmates who will be housed for less than one week will usually be housed in the Main Jail or
Annex.
11. Inmate Work Programs. The County may assign Inmates to work programs such as
inside and outside work crews, kitchen and facility duties, and other appropriate duties.
12. Health Care. The County shall provide in- facility medical care commonly associated
with county corrections operations as guided by American Correctional Association or National
Commission on Correctional Health Care standards.
Inmates shall be responsible for co- payment for health services according to County policy. The
City shall not be responsible to the County for Inmate co- payments. No Inmate shall be denied
necessary health care because of an inability to pay for health services.
The County shall notify the City's designee(s) via e -mail or fax if a City Inmate requires medical
or dental treatment at an outside medical or health care facility. The City shall be responsible to
promptly notify the County of any changes in its designee(s).
The City shall pay for all medical, mental health, dental or any other medical services that are
required to care for the City's Inmates outside YCDOC facilities. Except, the County shall bear
the expense of any such medical care necessitated by improper conduct of the County, or of its
officers or agents.
The County shall notify the City as soon as reasonably possible before the Inmate receives
medical and /or dental treatment outside of YCDOC facilities. The City acknowledges that such
notice may not be reasonably possible prior to emergency care. Lack of prior notice shall not
excuse the City from financial responsibility for related medical expenses, and shall not be a
basis for imposing financial responsibility for related medical expenses on the County.
Outside medical expenses for Inmates housed for more than one jurisdiction shall be divided
equally among those jurisdictions.
13. Inmate Discipline. The County shall discipline Inmates according to the same policies
and procedures under which other County inmates are disciplined. However, nothing contained
Agreement for Inmate Housing 2011
Page 3 119
herein shall be construed to authorize the imposition of a type of discipline that would not be
imposed on a comparable County inmate, up to and including the removal of earned early
release credits as approved by the City.
14. Removal from County Facilities. Except for work programs or health care, and
during emergencies, Inmates shall not be removed from County facilities without written
authorization from the City or by the order of any court having jurisdiction. Other jurisdictions
may "borrow" a City Inmate only according to the provisions of Attachment D Borrowing.
In the event of the Inmate's emergency removal, the County shall notify the City by email or fax
as soon as reasonably possible. No early release or alternative to incarceration, including
furloughs, home detention, or work release shall be granted to any Inmate without written
authorization by the committing court.
15. Visitation. The County shall provide scheduled visitation for attorneys, spouses, family
and friends of Inmates. Such visitation may be accomplished as provided in Section 24 of this
Agreement.
16. Inmate Attorney Communication. Confidential telephones or visitation rooms shall
be available to inmates to communicate with their attorneys. The City shall bear all cost of
Inmates' calls to their attorneys. The City shall reimburse the County or pay directly all costs
associated with attorney inmate telephone communications.
17. Inmate Accounts. The County shall establish and maintain an account for each
Inmate. The County shall ensure family members and others have a reasonable process to add
funds to a City Inmate's account,
Upon returning custody of a City Inmate to the City, the County shall transfer the balance of
that Inmate's account that is not subject to charges, to the Inmate or to the City in the form of
a check or a debit card in the name of the Inmate.
In the event the County contracts with a company /business that furnishes technology for
wireless inmate account crediting (such as Keefee or JPAY) the City may allow the County (or
County's contracted representative) to install the equipment necessary for use of the system.
The City shall not be financially responsible for any aspect of the system, including but not
limited to installation or maintenance costs. The City shall not receive any compensation or
profits for such a system.
18. Detainers. Inmates in a "Detainer" status shall be handled according to Attachment E
Detainers.
19. Releases. The City shall be responsible for computing and tracking all sentence time
calculations, good time, court dates and release dates. Inmates will be released in accordance
with Attachment F Inmate Release.
The County shall not transfer custody of a City Inmate housed pursuant to this Agreement to
any party other than the City, except as provided in this Agreement or as directed by the City.
20. Escape. If a City Inmate escapes County custody, the County shall notify the City as
soon as reasonably possible. The County shall use all reasonable efforts to pursue and regain
custody of escaped City Inmates, and shall assume all costs connected with the recapture of the
City Inmate.
21. Death. If a City Inmate dies in County custody, the County shall notify the City as soon
as reasonably possible. The Yakima County Coroner shall assume custody of the City Inmate's
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body. Unless another agency becomes responsible for investigation, YCDOC shall investigate
and shall provide the City with a report of its investigation. The City may participate in the
investigation. If another agency becomes responsible for investigation, YCDOC shall liaison or
otherwise facilitate the City's communication with and receipt of reports from the other agency.
The City shall provide the County with written instructions regarding the disposition of the City
Inmate's body. The City shall pay for all reasonable expenses for the preparation and shipment
of the body. The City may request in writing that the County arrange for burial and all matters
related or incidental thereto and the City shall be responsible for all costs associate with this
request. Except, the County shall bear such expenses necessitated by improper conduct of
County, or its officers or agents.
22. Reporting Requirements. Ordinarily on business days, the County will deliver the
following reports to the JAG, which will disseminate them to the City:
Here Now Report a report detailing King County City inmates in YCDOC custody.
EXCEL Housing Report a report that allows King County cities to identify where their
inmates are housed.
PROTRAK Housing Report a report detailing which King County city inmates are housed
at the Yakima County Corrections Center.
Custody Report a report of total inmate populations confined at all YCDOC facilities. It
includes current and historical safety and population data.
Special Housing Report Identifies King County city inmates who are in special housing
assignments.
23. City's Right of Inspection. The City shall have the right, upon reasonable advance
notice, to inspect County correction facilities where City Inmates are housed at reasonable
times. During such inspections, the City may interview its Inmates and review its Inmates'
records. The City shall have no right to interview inmates housed for other jurisdictions or to
review their medical records, unless it is properly authorized to do so by the inmate or the other
jurisdiction.
24. Technology. The County and City may each permit the other continuous access to its
computer database regarding all City Inmates housed by the County. This continuous access
feature may be accomplished through a computer link between a computer(s) designated by
the City and appropriate computer(s) of the County.
By separate mutual agreement, the County and City may provide video conference capabilities
for personal visiting, professional visiting, pre -trial conferences, arraignments and other court
and conferencing needs.
25. Bed Rate. In consideration of Yakima County's commitment to house City Inmates, the
City shall pay the County a per inmate rate from January 1, 2011 to December 31, 2011 as
follows:
YCDOC Transported Inmates: 99.80 per day.
City transported Inmates: $89.60 per day.
Agreement for Inmate Housing e- 2011
Page 5 121
The Bed Rate includes all in- facility medical, dental (if available), and mental health services. In
the event an inmate requires out of facility medical, dental or mental health services, the City
shall be responsible for the cost of the services.
The County shall not charge a booking fee in connection with housing the City's Inmates.
The City may purchase additional beds, as available, at the then- existing bed rate; however,
the County shall have the right to refuse to accept custody of or house inmates in excess of the
City's minimum bed commitment.
The Daily Fee for inmates housed for more than one jurisdiction shall be divided equally among
those jurisdictions.
26. Billing and Payment. The County shall provide the City with monthly statements
itemizing the name of each City Inmate, the number of days of housing, including the date and
time booked into the County and date and time released from the County and itemization of any
additional charges including a description of the service provided, date provided and reason for
service.
The County shall provide said statement for each month on or about the 10 day of the
following month. Payment shall be due to the County within (30) days from the billing date.
The County may bill the City electronically. Payments not received by the 30 day shall bear
interest at the rate of 1% per month until payment is received.
The Daily Fee for City Inmates housed for more than one jurisdiction shall be divided equally
among those jurisdictions.
27. Duration of Agreement. The duration of this Agreement shall be from January 1,
2011, at 12:00 A.M. and shall end at 11:59 P.M., on December 31, 2011 unless otherwise
terminated in accordance with Section 31 of this Agreement. This Agreement may be renewed
for any successive period by written addendum under terms and conditions acceptable to the
County and City.
28. Independent Contractor. In providing services under this Agreement, the County is
an independent contractor and neither it nor its officers, nor its agents nor its employees are
employees of the City 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
Agreement give rise to any claim of career service or civil service rights, which may accrue to an
employee of the City under any applicable law, rule or regulation. Nothing in this Agreement is
intended to create an interest in or give a benefit to third persons not signing as a party to this
Agreement.
29. Hold Harmless, Defense, and Indemnification. The County shall hold harmless,
defend, and indemnify the City, its elected officials, officers, employees, and agents from and
against any and all suits, actions, claims, liability, damages, judgments, costs and expenses
(including reasonable attorney's fees) (also including but not limited to claims related to false
arrest or detention, alleged mistreatment, injury, or death of any City Inmate, or loss or damage
to City Inmate property while in County custody) that result from or arise out of the acts or
omissions of County, its elected officials, officers, employees, and agents in connection with or
incidental to the performance or non performance of the County's services, duties, and
obligations under this Agreement.
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The City shall hold harmless, defend, and indemnify the County, its elected officials, officers,
employees, and agents from and against any and all suits, actions, claims, liability, damages,
judgments, costs and expenses (including reasonable attorney's fees) (also including but not
limited to claims related to false arrest or detention, alleged mistreatment, injury, or death of
any City Inmate, or Toss or damage to City Inmate property while in County custody) that result
from or arise out of the acts or omissions of the City, its elected officials, officers, employees,
and agents in connection with or incidental to the performance or non performance of the City's
services, duties, and obligations under this Agreement.
In the event the acts or omissions of the officials, officers, agents, and /or employees of both
the City and the County in connection with or incidental to the performance or non performance
of the City's and or County's services, duties, and obligations under this Agreement are the
subject of any liability claims by a third party, the City and County shall each be liable for its
proportionate share of fault in any resulting suits, actions, claims, liability, damages, judgments,
costs and expenses and for their own attorney's fees.
Nothing contained in this Section or this Agreement shall be construed to create a right in any
third party to indemnification or defense.
The County and City hereby waive, as to each other only, their immunity from suit under
industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the
parties hereto.
The provisions of this section shall survive any termination or expiration of this Agreement.
30. Insurance. The County and City shall provide each other with evidence of insurance
coverage, in the form of a certificate or other competent evidence from an insurance provider,
insurance pool, or of self- insurance sufficient to satisfy the obligations set forth in this
Agreement.
The County and City shall each maintain throughout the term of this Agreement coverage in
minimum liability limits of one million dollars ($1,000,000) per occurrence and two million
dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general
liability, errors and omissions, auto liability and police professional liability. The insurance policy
shall provide coverage on an occurrence basis.
31. Termination.
A. Mutual Agreement: This Agreement may be terminated by mutual written consent
between the County and City with 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 grounds for
said termination and specifying plans for accommodating the affected City Inmates.
B. Imperiling Conditions: The City shall have the right to terminate this Agreement where:
1) conditions and /or circumstances at Yakima's facilities present an imminent risk of serious
injury or death to the City's Inmates "Imperiling Conditions 2) the City has sent County
written notice by certified mail, return receipt requested describing with reasonable specificity
the Imperiling Conditions; and 3) the County has failed to cure the Imperiling Conditions within
a reasonable period of time, which, unless the parties agree in writing to a longer period, shall
be no more than 30 days after the County receives the City's notice. Termination under this
provision shall be effective if and when: 1) after at least 30 days, the County has not cured the
Imperiling Condition(s); and 2) the City has removed its Inmates; and 3) the City has given the
Agreement for Inmate Housing 2011
Page 7 123
County formal written notice of final termination under this provision. After Termination under
this provision the City shall have no further financial obligations under this Agreement.
C. Material Breach: Either party shall have the right to terminate this Agreement if: 1) the
other party is in material breach of any term of this Agreement; 2) the terminating party has
sent the breaching party written notice of its intent to terminate this Agreement under this
section by certified mail, return receipt requested describing with reasonable specificity the
basis for the termination; and 3) the breaching party has failed to cure the breach within ninety
(90) days, unless the parties agree in writing to a longer cure period. Termination shall be
effective upon and the City shall have no further financial obligations under this Agreement
from the date of removal of its Inmates from the Yakima Facility or County's receipt of final
notice that City is terminating the Agreement after the expiration of the cure period, whichever
occurs last.
32. Real or Personal Property. It is not anticipated that any real or personal property will
be acquired or purchased by the parties solely because of this Agreement.
33. 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 any applicable federal
law, Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with
Disabilities Act (42 USC 12110 et seq.). In the event of the violation of this provision, the other
party may terminate this Agreement immediately.
34. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by the County to any other person or entity without
the prior written consent of the City. In the event that such prior written consent to an
assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of
County stated herein.
35. 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 or the
acceptance of any performance during such breach shall not constitute a waiver of any right
under this Agreement.
36. Severability. If any portion of this Agreement is changed per mutual Agreement or any
portion is held invalid, the remainder of the Agreement shall remain in full force and effect.
37. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington. Any actions, suit, or judicial or administrative
proceeding for the enforcement of this Agreement shall be brought and tried in the Federal or
Superior Court for the State of Washington in Thurston County
38. Approval and Filing. Each party shall approve this Agreement by resolution, ordinance
or otherwise pursuant to the laws of the governing body of each party. The attested signatures
of the City, Manager or Mayor and the Yakima County Commissioners below shall constitute a
presumption that such approval was properly obtained. A copy of this Agreement shall be filed
with the Yakima County Auditor's Office pursuant to RCW 39.34.040.
39. General Provisions. Unless otherwise agreed in writing executed by both parties, on
and after January 1, 2011, and so long as this Agreement remains in effect, this document
constitutes the entire Agreement between the City and the County under which the County
124 Agreement for Inmate Housing 2011
Page 8
houses City Inmates, and no other oral or written agreements between the parties shall affect
this Agreement.
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 the event the County or City defaults on the performance of any terms of this Agreement and
files a lawsuit, the prevailing party shall be entitled to an award of its reasonable attorney fees,
costs and expenses.
This Agreement may be executed in any number of counterparts.
40. 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:
TO CITY: City of Tukwila
City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
TO COUNTY: Ed Campbell, Director
Yakima County Department of Corrections
111 North Front Street
Yakima, WA 98901
Alternatively, to such other addresses as the parties may hereafter designate in writing. Notices
and /or demands shall be sent by registered or certified mail, postage prepaid, or hand
delivered. Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified above.
Dated on this day of 2010.
BOARD OF YAKIMA COUNTY COMMISSIONERS
Michael D. Leita, Chairman
Kevin J. Bouchey, Commissioner J. Rand Elliott, Commissioner
Constituting the Board of County Commissioners for Yakima County, Washington
Agreement for Inmate Housing 2011
Page 9 12 5
Attest:
Tiera Gerard
Deputy Clerk of the Board
Approved as to Form:
Stefanie Weigand
Senior Deputy Prosecuting Attorney
Corporate Counsel Division
CITY OF TUKWILA
By:
Jim Haggerton, Mayor
Attest:
By:
Christy O'Flaherty, City Clerk
Approved as to form:
By:
Office of the City Attorney
126 Agreement for Inmate Housing 2011
Page 10
ATTACHMENT A
MEDICAL ACCEPTABILITY
The County shall determine the medical and mental acceptability of inmates for transport using
the following excluding criteria:
1. Blood or fluid present at an open wound site or bleeding from an open wound.
2. Signs of untreated broken bones or dislocated joints.
3. Any injury or illness requiring immediate or emergency medical treatment.
4. Unconsciousness.
5. Inmates unable to stand and walk under their own power.
6. Wheel chair bound individuals.
7. Signs of alcohol toxicity and signs of current or recent use of any intoxicants.
8. Signs of alcohol and /or drug withdrawal.
9. Bed bound individuals.
10. Individuals with attached IV or requiring IV medications.
11. Individuals requiring the use of oxygen tanks.
12. AMA (Against Medical Advice) from the hospital.
13. Individuals having had major invasive surgery within the last 72 hours. Non invasive
surgery such as oral surgery, laser -eye surgery and minor surgery may be evaluated on a
case by case basis.
14. Post operative persons who have follow up appointments within the next four weeks.
15. Wounds with drainage tubes attached.
16. Persons with permanent catheters.
17. Open and /or oozing bedsores.
18. Individuals requiring nebulizers who cannot obtain one.
19. Persons with Alzheimer's, dementia or other psychological conditions to the point where
the inmate cannot perform activities of daily living "ADL's or who do not have the
capacity to function safely within a correctional environment.
20. Persons who are diagnosed as developmentally delayed and who do not have the
capacity to function safely within a correctional environment or who cannot perform
ADL's.
21. Female inmates more than 5 months pregnant. Or any female inmate considered a high
risk pregnancy.
22. Persons undergoing chemotherapy and /or radiation treatment.
23. Persons undergoing dialysis.
Agreement for Inmate Housing 2011
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24. Persons with the following untreated medical conditions:
a) Heart disease
b) Seizures disorders
c) Insulin dependent diabetes
d) Cancer
e) Asthma
f) Psychosis
g) HIV Positive or AIDS
25. Persons who are HIV positive or have AIDS and are taking anti -viral medications.
26. Persons taking Methadone, or Suboxone, a substitute for Methadone.
27. Persons with suicidal ideations or gestures within the past 72 hours.
28. Person, if prescribed, have not taken psychotropic medications for at least 72 hours.
29. Persons who have attempted suicide within the last 30 days.
30. Persons who have attempted suicide by overdose or ligature strangulation during current
incarceration.
31. Persons displaying current psychotic episode.
32. Persons requiring CPAP machines as prescribed must be transported with the machine.
ATTACHMENT B
PROPERTY
County transport personnel will only accept Inmate property as follows:
1. The property shall be sealed in a single property bag no larger than a common paper
grocery bag.
2. Money, valuables, and medications shall be placed in a clear envelope and sealed within
the Inmate's property bag.
3. Checks and documents (court, warrants, etc) shall be attached to the outside of the
property bag.
4. The transporting officer shall account for the property bag and funds being transported.
Yakima County Department of Corrections transport personnel will not accept or
transport the following:
a) Backpacks, suitcases, etc.
b) Unpackaged food products or food products in packaging that has been opened.
c) Any type of weapon (includes pocketknives).
d) Liquids.
e) Any items that will not fit into the property bag.
f) Material deemed to be contraband.
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Yakima County will limit property returned with the Inmate to the City according to these
criteria.
ATTACHMENT C
CLASSIFICATION
The City shall supply the County with the following Classification related information, if it known
to or in possession of the City:
1. If the City Inmate has been classified to a special housing unit and /or if the City Inmate
has been classified as protective custody.
2. If the City Inmate is a violent offender or has displayed violent behavior during present
or past incarcerations.
3. If the City Inmate is an escape risk.
ATTACHMENT D
BORROWING
One contracting city may "borrow" another contracting city's inmate as follows:
1. If a City requests the transport of another contracting City's Inmate from the County the
requesting City must notify each agency with rights to custody of the Inmate, and if each
agency with rights to custody of the Inmate notifies the County in writing (e -mail) of its
approval, the County shall provide the requested transport. The County will complete a
custody transfer form that lists all outstanding detainers. The custody transfer
paperwork will accompany the inmate.
2. Once custody of the City Inmate has been transferred to another agency, it is the
responsibility of the requesting City to determine whether the City Inmate shall be
returned to the custody of the County, and if so, the requesting City shall make all
necessary and proper arrangements with the County and any agency with rights to
custody of the Inmate, for the Inmate's return according to the terms of this agreement.
3. The County will not track the City Inmate once he or she has left the County's facility.
4. If the Inmate is returned to the custody of the County, the requesting City shall provide
the County with sentencing /charge information. The City shall supply all pre sentence,
and post- sentence paperwork from agreeing agencies that authorized the borrowing of
the Inmate. This will aid Yakima County in determining split billing and release dates.
5. If the agency requesting to borrow a City Inmate is not in the "Contracting Agency," the
requesting agency will be responsible to make all transport arrangements including all
legal paperwork for the transport with the City of jurisdiction.
6. The County will transport the City Inmate only to a King County city that also contracts
with the County for Inmate housing.
7. Inmates transported by the City, cannot be borrowed out of YCDOC.
Agreement for Inmate Housing 2011
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ATTACHMENT E
This attachment only applies to Inmates transported by the YCDOC.
WARRANTS /OTHER COURT ORDERS /DETAINERS
1. The following shall apply to City Inmates who are subject to warrants from other
jurisdictions or to other court orders for confinement or detainers. When receiving a City
Inmate, the Transport Officers shall review all paperwork provided by the City for all
grounds to hold the Inmate and ensure that this information is entered into the County's
JMS and is routed to the Out of County Transport Section Office Specialist.
2. Prior to releasing a City Inmate, the County shall check the NCIC and WACIC systems to
determine if the Inmate is subject to any valid warrants or other detainers.
a) If the Inmate is subject to a warrant that is limited to King County, YCDOC will,
upon receiving written permission (e mail) from the City, transport the Inmate to
the custodial agency for the jurisdiction that issued the warrant. However, Yakima
County will not assume responsibility to serve any such warrants.
b) If the City Inmate is subject to a warrant from a western Washington jurisdiction
outside King County, YCDOC will release the Inmate at the location determined by
written (e mail) agreement of the YCDOC and the City under Section 5 of this
Agreement.
c) If the City Inmate is subject to a warrant from an eastern Washington jurisdiction,
YCDOC will send the Inmate to the custodial agency for that jurisdiction on the
Mini Chain.
d) If, upon return from YCDOC to the City, the Inmate is subject to a warrant that
provides for statewide extradition, YCDOC will either transport the Inmate to the
detention /correction facility in King County designated by the agency /jurisdiction
that issued the warrant if it is in King County, or will send the Inmate to the
agency /jurisdiction that issued the warrant on the Mini Chain.
3. City Inmates who have or are subject to Immigration and Custom Enforcement (ICE)
detainers shall be returned to the City, unless the County and City agree in writing
(email) to some other course of action.
ATTACHMENT F
INMATE RELEASE
County transport personnel will release City Inmates as follows:
1. Inside a staffed correction or detention facility (jail).
2. Inside a staffed police agency (sally port or other secured area).
3. Outside of a Law Enforcement Agency when agency personnel, telephone access, and
weather protection (lobby areas) are available to the released Inmate.
130 Agreement for Inmate Housing em 2011
Page 14
4. The County does not transport on Mondays.
5. City Inmates for whom bail is posted, or who otherwise have a right to be released may,
by signed written waiver, choose to remain in custody and return to City by the regularly
scheduled transport, or to be released to a family member or friend, or to the streets of
Yakima.
6. Inmates transported by City must be picked up at least 12- (twelve) hours prior to the
inmate's scheduled release date and time. If the inmate is not picked up before the
scheduled release time, the Inmate will be automatically scheduled to be transported, at
the City's cost to include the addition of transport fees for all days served, on the next
available transport to the City.
Agreement for Inmate Housing 2011
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132
Finance Safety Committee Minutes December 7. 2010 Pale 2
Interga Telecom currently provides telephone services for the City's existing phone equipment which
serves City Hall, 6300 Building, both Public Works Shops and the Parks /Golf Maintenance Building.
Remaining buildings are serviced by other providers. The City is in the process of installing a new Voice
Over Internet Protocol (VoIP) phone system which also requires phone service that will be provided by
Integra Telecom. Differing from past practice this new system will allow all City locations to function on
the same system and serviced by the same vendor. Although serviced by the same vendor, the services
may be administered under separate service agreements. Regardless of the separate locations, the two
year contract will not exceed $125,000 for phone service. UNANIMOUS APPROVAL. FORWARD
TO DECEMBER 13 COW FOR DISCUSSION AND SPECIAL MEETING IMMEDIATELY
FOLLOWING FOR APPROVAL AS APPROPRIATE.
E. Yakima County Department of Corrections Contract
Staff is seeking Council approval to enter into a contract with the Yakima County Department of
Corrections from January 1, 2011 through December 31, 2011.
The current contract with Yakima County expires on December 31, 2010, and the SCORE Jail is not
j anticipated to be operational until Fall 2011. In order to ensure the Police Department has ample room for
housing inmates prior to SCORE completion, staff is recommending entering into this one -year contract.
Specifically, this contract has no minimum bed requirement for the City. Charges will be incurred as beds
are utilized, and charges will not be assessed when there is no use. Based on staff calculation and previous
usage, it is anticipated that if Yakima County services needed to be utilized, the associate costs would not
exceed $150,000. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 13 COW FOR
DISCUSSION AND SPECIAL MEETING IMMEDIATELY FOLLOWING FOR APPROVAL AS
APPROPRIATE.
F. Update on Special Legal Matters
Per a request made at the November 16 Finance and Safety meeting, staff returned to Committee with
a breakdown of Special Matters that were processed by Legal during 2009 -10. After review and
discussion, staff agreed to provide the following to Committee members: a memo addressing matters
involving World Wide Video, legal matters as provided in the agenda packet sorted by item, and a
summary of feedback regarding items that are expected /anticipated to be covered under general
counsel (i.e.: Code Enforcement). INFORMATION ONLY.
G. Sales Tax Report
Sales tax receipts for September showed the fourth increase and second consecutive of sales receipts this
year in comparison to the previous year. Cumulative totals to date now show the City just under 30%
behind budget and only 1.45% below last years' actuals. September receipts reflected the highest increase
($247,000) above the same month last year. INFORMATION ONLY.
II. 2010 3 Ouarter Reports
The Committee asked clarifying questions as appropriate regarding the status of program goals outlined in
the 2010 3` Quarter Report. INFORMATION ONLY.
III. MISCELLANEOUS
Meeting adjourned at 5:46 p.m.
Next meeting: Per pending 2011 Committee Calendar
GCX Committee Chair Approval
Minutes by KAM. Reviewed by MM, ED SH
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