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HomeMy WebLinkAboutR-2015-012 State DOC Work Crew Program Agreement with the State of Washington Department of CorrectionsA RESOLUTION RESOLUTION NO. R-2015-012 authorizing the City Manager to execute an Interlocal Agreement with the State of Washington Department of Corrections to allow City of Yakima defendants to participate in the State of Washington Department of Corrections Work Crew Program WHEREAS, the Washington State Department of Corrections (DOC) operates a Work Crew program that allows defendants to serve their sentences doing supervised work in lieu of jail time; and WHEREAS, the Washington State DOC has offered the City a six month trial period at no cost to explore whether utilizing DOC work crew would be cost effective and beneficial for the City of Yakima; and WHEREAS, the City of Yakima currently does not have a work crew program; and WHEREAS, the Agreement and the activities described in it are authorized by the provisions and terms of the "Interlocal Cooperation Act" pursuant to RCW 39.34 et seq.; and WHEREAS, the City Council finds it to be in the best interests of the City to execute an Interlocal Agreement with Washington State DOC to allow City of Yakima defendants to utilize the State DOC Work Crew Program during the trial period, and beyond, if the Work Crew Program is cost effective and beneficial for the City of Yakima; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute an Interlocal Agreement with the Washington State Department of Corrections to allow City of Yakima Defendant's to participate in the State of Washington Work Crew Program. ADOPTED BY THE CITY COUNCIL this 20th day of January, 2015 ATTEST: Son a C a c�tCia Tee, City Clerk Micah Cawley Mayor INTERLOCAL AGREEMENT BETWEEN WASHINGTON STATE DEPARTMENT OF CORRECTIONS AND CITY OF YAKIMA THIS AGREEMENT is made and entered into by and between the Department of Corrections, Office of Community Corrections, Yakima Community Justice Center, hereinafter referred to as the Department, and City of Yakima hereinafter referred to as City. IT IS THE PURPOSE OF THIS AGREEMENT to provide a mechanism for City of Yakima offenders ordered to conduct community service to participate in a community services work crew operated by the Department. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK The parties agree to perform as detailed in the Statement of Work attached and incorporated into this Agreement as Attachment A. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement will commence upon final signature, and be completed on June 30, 2017, unless terminated sooner as provided herein. ON-SITE ILLNESS/ACCIDENTS I.n the event of the illness or injury of a work crew participant, the participant will receive appropriate first aid or medical treatment. As soon as is practicable, the Department will notify the City by phone of all major illness and injury of City participants. Notification will include the name of the offender, the nature of the illness or injury, date, time, location, and the remedy/action taken. All of such above incidents will be documented in writing by the Department and forwarded to the City by the close of the business day on which the incident occurred. ..J HOLD HARMLESS The Parties agree to hold one another harmless for any claim arising out of or incident to each party's own performance or failure to perform under the terms of this Agreement. Such agreed obligation will not be eliminated or reduced by any actual or alleged concurrent negligence of either party. CD PAYMENT OCompensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34 The details of compensation are provided in Attachment A, Statement of Work, Fees. Washington State K10654 Page 1 of 3 Department of Corrections 148364 BILLING PROCEDURE The Department has agreed to provide services for a trial period without charge to the City of Yakima. Such trial period will begin upon final execution of this Agreement and end upon the sooner of six months from the date of final execution of this Agreement or the adoption of pending revisions to Chapter 137-80 WAC by the Department of Corrections. If the City chooses to continue this Agreement once the trial period ends, the Department will charge the City for each offender placed on a Department of Corrections crew The specifics of costs are provided in Attachment A, STATEMENT of WORK, 11 FEES. RECORDS MAINTENANCE The parties to this Agreement will each maintain books, records, documents, and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records will be subject to inspection, review, or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law AB books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties will have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments will not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINATION Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties will be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement will be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order: Washington State K10654 Page 2 of 3 Department of Corrections 148364 a. Applicable state and federal statutes and rules; b. Statement of Work; and c. Any other provisions of the agreement, including materials incorporated by reference. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference will be held invalid, such invalidity will not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end, the provisions of this Agreement are declared to be severable. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement will be deemed to exist or to bind any of the parties hereto. CONTRACT MANAGEMENT The program manager for each of the parties will be responsible for and will be the contact person for all communications and billings regarding the performance of this Agreement. For DOC: Jessica Wammock, Community Corrections Supervisor, 509.454.3628, jessica.wammock@doc.wa.gov For City of Yakima: Lt. Mike Pollard, Yakima Police Department, 509.576.6586, mike.pollard@yakirna.gov IN WITNESS WHEREOF, the parties have executed this Agreement. CITY OF YAKIMA Tony O'Rourk City Manager DEPARTMENT OF CORRECTIONS L(2► 5 C � 2,(3%r Date Gary Banning, Contracts Administrator Date Contracts and Legal Affairs THIS INTERLOCAL AGREEMENT HAS BEEN APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL. CITY CONTRAC T N RESOLUTION NO: Washington State K10654 Department of Corrections Page 3 of 3 148364 STATEMENT OF WORK I SERVICES. A. The Department will furnish the necessary supervisory personnel, equipment, materials, and/or service(s) and otherwise do all things necessary for, or incidental to, the performance of the work required under the terms of this Agreement. Specifically, the Department will provide the following: 1. A corrections officer to supervise work crew offenders for custody and public safety purposes. Supervision of the City's offenders will not extend beyond the offender's participation on a Department work crew The corrections officer supervising the crew will be trained in CPR/First Aid and Defensive Driving, and have a valid Washington State driver's license; 2. The opportunity to place up to nine City offenders on DOC crews. Crews work Tuesday through Saturday each week, 3 General offender safety training each day; 4. Documentation of the number of hours worked and the job performance of each offender; 5. Coordination of equipment and the necessary safety vests, gloves, safety glasses, rain gear, and boots to be used for the project at the work site; 6. Transportation of offenders to and from the work site; 7. Appropriate disposal of the debris, refuse, recyclables and other materials collected during performance of the work crew services; and 8. Notification to the City when an offender completes the assigned hours or is terminated from a work crew. B. The City will do all things necessary for, or incidental to, the performance of the work required under the terms of this Agreement. Specifically, the City will provide the following: 1. The initial screening of perspective work crew participants for physical or mental health limitations that would restrict participation, and 2. A secondary Medical clearance for offenders with significant history of illness or injury. a. Offenders referred to the Department must be capable of working an eight- hour day including walking, lifting, bending, crawling and climbing. b Agreement that the Department will have the final determination as to whether an offender is fit or otherwise acceptable for the work crew. The Department will notify the City in writing when a City offender is rejected from participating on a Department crew c. Email notification will be acceptable. Washington State Department of Corrections K10654 Attachment A Page 1 of 2 3 Notification to the Department of all City offenders referred for work crew who have known histories of sex related or serious violent offenses. a. Those offenders will be screened by Department personnel prior to being permitted to participate on a Department work crew. 4. Offenders with at least eight -hours of court assigned work to complete and a reasonable time -line for them to complete the number of hours assigned. 5. Inform offenders: a. Work will be in eight-hour increments, b. To arrive at the DOC CJC office at 7:30 a.m. on days they will work; and c. DOC orientation is required before reporting for a DOC crew. II FEES A. The Parties have agreed to a trial period without charge to the City of Yakima for placement of Yakima offenders on DOC crews. Such trial period will begin upon final execution of this Agreement and end upon the sooner of six months from the date of final execution or the adoption of pending revisions to Chapter 137-80 WAC by the Department of Corrections. B. DOC will pay the cost of L&I insurance coverage for City offenders on DOC crews during the trial period detailed in Section II, FEES (A) above. Payment of L&I premiums by DOC for City offenders will end upon the sooner of six months from the date of final execution of this Agreement or the adoption of pending revisions to Chapter 137-80 WAC by the Department of Corrections. C. If the City chooses to continue this Agreement once the trial period ends or revisions to the WAC are adopted, the City will pay the Department twenty ($20) dollars per day for each City offender placed on a Department crew. In addition, the City will, at that same time, assume responsibility for direct payments to L&I, at the then current rate, for insurance coverage for each City offender placed on a DOC work crew. 1. The Department will invoice the City by the fifteenth day of each calendar month for the number of offenders that participated on Department crews during the previous calendar month. Documentation will be provided to the City with each invoice; 2. The Department will submit any claim for payment not already made within 30 days after the termination or expiration date of this Agreement K10654 or the end of the fiscal year, whichever is earlier, and 3 The City will pay the Department within thirty days after receipt of each Department invoice. Payment must contain the number of this Agreement K10654. Payment will be sent to: Department of Corrections Accounts Receivable (Yakima CJC) PO Box 41107 Olympia, WA 98504 Washington State Department of Corrections K10654 Attachment A Page 2 of 2 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9. For Meeting of: January 20, 2015 ITEM TITLE: Resolution authorizing an Interlocal Agreement with the State of Washington Department of Corrections to allow City of Yakima defendants to participate in the State of Washington Department of Corrections Work Crew Program SUBMITTED BY: Cynthia Martinez, Senior Assistant City Attorney SUMMARY EXPLANATION: The State Department of Corrections has proposed that the City of Yakima utilize their Work Crew program. To entice us into trying the program the Department of Corrections has offered us a six month trial period at no cost to us. The program is an alternative to jail; defendants can exchange one day in jail for an eight hour shift on the work crew. The defendant goes home in the evening and is responsible for bringing his/her own lunch. The work is performed on County property or on properties that have contracted for work crew services. The program administrator will notify the court or a designated person when a defendant has signed up and completed the scheduled work crew hours. Once the no cost period expires, the State would charge $20.00 per day, per defendant participating, if we elected to continue to utilize the program. The State would bill the City, not the inmate. We can recover the cost from the defendant and the Judges have discussed a system where the defendant would be required to pay up front to enroll in the Work Crew program. Attached is the interlocal agreement which allows us to move forward with the trial period and includes terms for continued use of the program, should the program prove cost effective and beneficial for the City of Yakima. Resolution: X Ordinance: Other (Specify): Contract: X Contract Term: Start Date: End Date: 6 months from date of final execution. Item Budgeted: NA Amount: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: Approve the resolution Public Safety City Manager ATTACHMENTS: Description Memo re Highlights of DOC Work Crew Interlocal Agreement Resolution re Interlocal Agreement between COY and WA State DOC Interlocal Agreement between City of Yakima and 12/31/2014 WA State DOC Upload Date 12/31/2014 12/31/2014 Type Cover Memo Resolution Contract C Y O� YA LEGAL DEPARTM ENT ITY ra StEetYakin a,W a ±igIn 98901 539)5756030 Fax: )575-6160 MEMORANDUM December 31, 2014 TO: Honorable Mayor Micah Cawley and the Yakima City Council FROM: Cynthia I. Martinez, Assistant City Attorney SUBJ: Highlights of the Interlocal Agreement between Washington DOC and City of Yakima This memo is not meant to replace a full reading of the proposed Interlocal Agreement between the Washington State Department of Corrections (State DOC) and the City of Yakima. Highlights: - Agreement provides for a free six month trial period. - After the trial period if the City elects to utilize the program, the cost will be $20.00 per day per inmate. - The City will be billed for the $20.00, but we can recover up front from the defendant. - The Agreement contains a hold harmless, but no indemnification. The State DOC maintains that they cannot indemnify other organizations and this is typical of State Agreements. - The State DOC will be covering the cost of L&I Insurance during the free trial period.' ' The WAC which regulates who pays L&I for work crew participants is in the process of being amended. The WAC amendment will make it the responsibility of the party receiving the work to pay for L&I Insurance. However, until that change takes place (which hopefully will be before the end of the trial period), the City will be responsible for L&I Insurance coverage after the free trial period. CITY OF YAKIMA LEGAL DEPARTMENT ' Distributed at ther9 Meeting I dr)( , ( S 200 South Third Street,Yaldma, Washington 98901 (509)575.6030 Fax (509)575-6160 TO: FROM: SUBJECT: MEMORANDUM January 20, 2015 Honorable Mayor and Members of the City Council Tony O'Rourke, City Manager Cynthia Martinez, Senior Assistant City Attorney Proposed Resolution Authorizing Interlocal Agreement with State DOC The State Department of Corrections (DOC) has proposed that the City of Yakima utilize their Work Crew program. To entice the City of Yakima into trying the program, State DOC has offered a six month trial period at no cost to us. The program is an alternative to jail; defendants can exchange one day in jail for an eight hour shift on the work crew. The defendant goes home in the evening and is responsible for bringing his/her own lunch. The work is performed on County property or on properties that have contracted for work crew services. The program administrator will notify the court or a designated person when a defendant has signed up and completed the scheduled work crew hours. Once the no cost period expires, the State DOC would charge $20 per day, per defendant participating, if we elected to continue to utilize the program. The State would bill the City, not the inmate. We would require the defendant to pay the $20 up front to participate in the program which is the same model we use for the Electronic Home Monitoring program. Of course, no cost to incarcerate the defendant is better than the jail cost of $50 To $80 a day to house the inmate in jail. Teresa Carlson, State DOC Work Crew Program Director, met with the Judges, Chief Rizzi and 1 to discuss the Program and the trial period offer. After she finished her presentation, although we questioned whether the program would be worth paying for, we decided that it was worth utilizing the program during the free period to see if savings could be realized. Attached is the Interlocal Agreement which allows us to move forward with the trial period and includes terms for continued use of the program, should the program prove cost effective and beneficial for the City of Yakima. The Council Public Safety Committee has reviewed the proposal and unanimously requested that the matter go before the full Council for consideration.