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HomeMy WebLinkAboutR-2005-207 City of Yakima & Yakima County Probation Consolidation AgreementRESOLUTION NO. R 2005 - 207 A RESOLUTION authorizing the City Manager of the City of Yakima and the Presiding Judge of Yakima Municipal Court to execute a probation consolidation agreement with Yakima County and Yakima County District Court transferring City Probation Division employees to the County effective January 1, 2006, and requiring the County to provide probation services to Municipal Court probationers for a period of five years thereafter. WHEREAS, the City of Yakima and Yakima Municipal Court desire to consolidate probation services with the County in an effort to reduce costs and improve the effectiveness of probation services in the City of Yakima; and -WHEREAS, the Yakima County and Yakima County District Court are willing to provide probation services to City probationers in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into the attached agreement with Yakima County and the Yakima County District Court, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima and the Presiding Judge of the Yakima Municipal Court are hereby authorized to execute the attached and incorporated "Probation Consolidation Agreement" with Yakima County and Yakima County District Court for the transfer of City Probation Division employees and the provision of probation services to Municipal Court probationers for a period of five years. ADOPTED BY THE CITY COUNCIL this 13th day of December, 2005. ATTEST: City Clerk P. George, Mayor PROBATION CONSOLIDATION AGREEMENT THIS PROBATION CONSOLIDATION AGREEMENT ("Agreement") is entered into by and between the City of Yakima ("City"), a Washington State municipal corporation and its Municipal Court ("Municipal Court"); and the County of Yakima ("County"), a Washington State political subdivision and its District Court ("District Court") under the authority and in conformance with RCW 39.34, the Interlocal Cooperation Act. WHEREAS, the Municipal Court and the District Court have studied the possibility of consolidating probation services to reduce costs and increase the effectiveness of probation supervision in their respective jurisdictions; and WHEREAS, the City and the County have considered the anticipated cost of probation services and the anticipated and potential revenues to fund the services, including fines and fees, criminal justice funding, and state -authorized sales tax funding levied for criminal justice purposes in accordance with RCW 39.34.180(2); NOW, THEREFORE, in consideration of mutual promises and conditions contained herein, the parties hereto mutually agree as follows: 1. PURPOSE. The purpose of this Agreement is to set forth the terms and conditions upon which the parties agree to consolidate probation services and to enumerate other related provisions that contribute to their mutual benefit. 2. DURATION. This Agreement shall be effective upon execution by the parties and shall remain in effect until midnight on December 31, 2010, unless terminated earlier by either party in accordance with Section 17 or extended pursuant to Section 18 of this Agreement. 3. PROBATION SERVICES. The parties agree that the most effective way to consolidate probation services in order to reduce costs and provide better services is for the Yakima Municipal Court Probation Division to cease all operations and for the District Court Probation Department to assume providing probation services to any and all individuals subject to probation services by order of the Municipal Court ("City Probationers") Therefore, the parties agree that at midnight on December 31, 2005, the Yakima Municipal Court Probation Division will cease to operate and sole responsibility for monitoring, supervising, and in all other respects providing probation services to City Probationers will transfer to the County. Any City Probationers being supervised by the Municipal Coup •tion Division on December 31, 2005, will transfer to the County on January 1, 200; d anyone ordered to submit to probation services by the Municipal Court after December 31, 2005, will be supervised by the County. The County shall provide all necessary personnel, equipment and facilities to perform the foregoing services in the manner required by law and court rule. The County shall provide the Page 1 of 7 City with notice of any changes that may impact the staffing and service levels applicable to City Probationers. 4. TRANSFER OF EMPLOYEES. The County agrees to accept all Municipal Court Probation Division personnel employed by the City on December 31, 2005 ("Transferred Employees") as employees of the County effective January 1, 2006. The following provisions will also apply: a. Positions. City employees shall be transferred to the County at their current position or a substantially similar position. b. c. Transferred Seniority. City employees will transfer to the County with the seniority they accrued while employed with the Municipal Court, provided that they will be subject to any applicable County probationary employment period(s). Employment Authority. After December 31, 2005, the Transferred Employees will be solely Yakima County and District Court employees and all compensation, employment, benefits, discipline, promotion, demotion, termination, and all other matters relating to the employment and management of the Transferred Employees shall be the sole responsibility of Yakima County and the District Court. In the event this Agreement is terminated or expires without being renewed, the City is not required to offer re-employment to any Transferred Employee. d. Salaries. From January 1, 2006 through December 31, 2010, the salaries of the Transferred Employees shall be, at a minimum, their salaries in effect on December 31, 2005. e. Benefits. All benefits available to District Court Probation Department employees shall be made available on an equivalent basis to the Transferred Employees. 5. NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of the District Court and the Municipal Court. It shall confer no benefits or rights, direct or indirect, on any third persons, including the Transferred Employees. No person or entity other than the parties themselves may rely upon or enforce any provision of this Agreement. The decision to assert or waive any provision of this Agreement is solely that of each party. 6. CONTRACTUAL PAYMENT. In exchange for and in consideration of the services to be performed by the County pursuant to this Agreement, the City agrees to pay the County Probation Department a total sum of Forty -Eight Thousand Dollars ($48,000.00), which amount shall be paid in twelve (12) equal installments of Four Thousand Dollars ($4,000.00), payable after each month of the first year of this Agreement. The County shall submit an invoice within Page 2 of 7 thirty (30) days of the conclusion of each month in 2006. The City shall make payment to the County no later than thirty (30) days following receipt of the invoice. 7. PROBATION FEES. All payments for probation services provided by the District Court after December 31, 2005, shall be the property of the District Court. All payments for probation services provided by the Municipal Court prior to January 1, 2006, that are collected after December 31, 2005, shall also be the property of the District Court. 8. BUILDING LEASE. As further consideration for the County's agreement to the terms of this Agreement, the City agrees to execute a lease agreement with the County allowing the County to use the Municipal Court Probation Division's office space rent-free for a period of up to three years. A separate lease agreement will be executed by the parties. 9. PROBATION OFFICE EQUIPMENT. Municipal Court Probation Division office equipment owned by the City listed in Exhibit A, attached hereto and incorporated herein by this reference, will become the property of the County on January 1, 2006. The City will retain its computer equipment. The City agrees to allow the County to use the computer equipment located in the Municipal Court Probation Division after January 1, 2006, until the County installs its own computer equipment. The County shall pay the City for the cost of any damage to City computer equipment caused by the County. In the event of technical difficulties with City computer equipment, the County shall obtain assistance from the City's Information Systems Division first before requesting assistance from any other entity, including County Information Systems technicians. The County shall hold the City harmless for any alleged violation of intellectual property laws and/or agreements arising out of the County's use of City computer equipment. 10. POSSIBLE RE -OPENER. The City agrees to meet with County representatives in approximately September 2006 to review the District Court Probation Department's Budget and to assess whether additional consideration is merited for the District Court's performance under this Agreement. In the event that additional consideration is deemed merited by the City in its sole discretion, an agreement setting forth the results of such re -negotiations will be in writing and executed by the parties as an addendum to this Agreement. The City Manager has the authority to execute such an addendum on behalf of the City. During re -negotiations, the terms of this Agreement shall remain in full force and effect. 11. DATA TRANSFER. Upon execution of this Agreement, the Municipal Court will begin working with District Court to effectuate the transfer of data necessary for the District Court to perform its obligations under this Agreement. The use of Municipal Court data by the District Court shall be pursuant to any and all applicable laws and regulations including medical privacy. Confidential data transferred from Municipal Court to District Court pursuant to this Agreement that is prohibited from public disclosure shall be kept in full confidence by the District Court and shall not be revealed to any other person, firm, organization, or entity, except as required by law. 12. IMPLEMENTATION. The Presiding Judge of the Municipal Court and the Presiding Judge of the District Court shall be jointly responsible for implementation and proper Page 3 of 7 administration of this Agreement. The Presiding Judge of the District Court shall be responsible for monitoring the provision of probation services to City Probationers after December 31, 2005. 13. PROPERTY. All property acquired separately by either party during the term of this Agreement related to the subject matter of this Agreement shall, unless otherwise provided herein, remain the property of the acquiring agency in the event of the termination of this Agreement. Any property acquired jointly by the parties shall be disposed of in such manner as man be agreed upon between the parties in the event of termination. 14. INDEPENDENT CONTRACTOR. The District Court and the County understand and expressly agree that the County, the District Court, and its employees, officials, and agents are not City or Municipal Court employees and shall make no claim of City or Municipal Court employment nor shall claim against the City or the Municipal Court any employment benefits, social security, and/or retirement benefits. The County shall be solely responsible for compensating its employees, including the Transferred Employees, and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. 15. COMPLIANCE WITH LAW. All parties to this Agreement shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this Agreement, including Administrative Rule for Courts of Limited Jurisdiction (ARLJ) 11 regarding Misdemeanant Probation Departments. 16. LIABILITY. a. To the maximum extent permitted by law, the County shall indemnify, hold harmless and defend the Municipal Court, the City of Yakima, and their employees, officers, elected officials, and agents from claims and litigation brought by employees or former employees of the County and, by mutual negotiation, the County hereby waives, as respects the City and its agents only, any immunity that would otherwise be available to the County against such claims or litigation under the worker's compensation provisions of Title 51 RCW. b. The County agrees to protect, defend, indemnify, and hold harmless the Municipal Court and the City, their officers, elected officials, agents, and employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including attorneys' fees and disbursements) arising out of or in connection with the activities of the County, its officials, judges, officers, employees, agents and/or volunteers under and pursuant to this Agreement, including monitoring City Probationers. c. In the event that both the County and the City are negligent in a matter arising out of the activities of the parties pursuant to this Agreement, each party shall be liable for Page 4 of 7 its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including attorneys' fees). d. Notwithstanding any provision to the contrary, the terms of this section shall survive any expiration or termination of this Agreement. 17. TERMINATION. Termination of this Agreement by either party may be accomplished upon one year's notice to the other party stating the grounds for said termination and specifying plans for accommodating any affected probationers. Notice of termination must comply with any applicable laws, including RCW 3.50.180. 18. RENEWAL. In the event a Probation Consolidation Agreement is desired by both parties for calendar year 2011 but the parties cannot agree upon the terms of said agreement by March 31, 2011, the proposed new agreement shall automatically be submitted to binding arbitration as provided herein. This provision constitutes notice for purposes of RCW 39.34.180 to the extent such provisions apply. From January 1, 2011 until such time as an agreement is reached or until an arbitration award is made, this Agreement shall remain in full force and effect. The parties shall attempt to agree upon an arbitrator by April 15, 2011. In the event the parties cannot agree on a single arbitrator, each party shall appoint an arbitrator, and the initial two arbitrators will pick a third arbitrator. The arbitration panel shall decide the dispute by majority rule. 19. INSURANCE. On or before the effective date of this Agreement, the County shall obtain insurance or be self-insured for Commercial Liability, Automobile Liability, and Public Officials Liability with a minimum liability limit of One Million Dollars ($1,000,000.00) for each coverage area. Said policy shall be in effect for the duration of this Agreement. If the City is damaged by the failure of the County to maintain the above insurance or to so notify the City, then the County shall bear all costs attributable thereto. Providing the minimum limits of liability required above does not limit the County's liability under this Agreement and the County shall be responsible for all claims in excess of the liability limits required. 20. INTEGRATION, SUPERSESSION, AND MODIFICATION. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all prior negotiations, discussions, agreements, and understandings between the parties as to the subject matter hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 21. SEPARATE LEGAL OR ADMINISTRATIVE AGENCY. No separate legal or administrative agency is created by this Agreement. 22. SEVERABILITY. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the Page 5 of 7 remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 23. NON -WAIVER. The waiver by the County or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 24. NOTICES. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY/MUNICIPAL COURT: Susan J. Woodard, Presiding Judge City of Yakima Municipal Court 200 South Third Street Yakima, WA 98901 TO COUNTY/DISTRICT COURT: Michael G. McCarthy, Presiding Judge Yakima County District Court 128 North 2nd Street #225 Yakima, WA 98901 or 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. 25. SURVIVAL. Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 26. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 27. FILING. A copy of this Agreement shall be filed with the Yakima County Auditor pursuant to RCW 39.34.040. CITY OF YAKIMA YA IM • COUNTY By: Page 6 of 7 Susan J. Woodard, Presiding Judge Dated: I — I 1—CG, R.A. Zais, Jr., City Manager Date: ! :'/l 3/o( ATTEST: City Clerk )6"A-, 2 City Contract No. t1,5 Resolution No. % -ADDS-."3o7 eipatiMA Co AtOs ty� y a JO 1 • gle W ▪ ;N t Michael G. McCarthy, Presiding Judge Dated: Ronald F. Gamache, Chairman Date: 1 Z f 1.3 v S l 1011. Mike D. eita, Commissioner Date: 1z II 3 la S >141f.400-14:11 nesse S. Palacios, Commissioner Date: 12 1 3) Ds Constituting the Board of County Commissioners For Yakima County, Washington ATTEST: l.� Deputy Cleof the Board wwwwiiii Page 7 of 7 Bill of Sale The City of Yakima, a Washington State municipal corporation, of 129 North Second Street, Yakima, Washington 98901, in consideration for the agreement by the County of Yakima, Washington to the terms and conditions of the Probation Consolidation Agreement between the parties, does hereby grant, sell, transfer, and deliver to the County of Yakima, Washington the goods listed on Exhibit A to this Bill of Sale, attached hereto and incorporated herein by this reference, which transfer shall be retroactive to and effective on January 1, 2006. The County of Yakima, Washington shall have all rights and title to the goods in itself and its executors, administrators, and assigns. The City of Yakima has executed this bill of sale at Yakima, Washington on the Lid` day of January, 2006. R. A. Zais, Jr. City Manager Attest: Karen Roberts City Clerk PROBATION PROPERTY LISTING ITEM LOCATION DESCRIPTIVE IDENTIFIER EST. YEAR PURCHASED Copier Lobby MITA DC 4090 with sorter, #BG10J 1998 Printer Colby HP Laser Jet 2100tn 1998 Printer Jim HP Deskjet 940c #3115 2003 Printer Vickie HP Laser Jet 6 mp 2003 Printer John HP Deskjet 6122 #4317 2003 Printer Vita HP Laser Jet 4000tn 1998 Printer Extra HP Laser Jet 2200d 2003 Printer Patti HP Laser Jet 4000tn 2000 Desk Workstation Colby Three piece, grey speckle with two overhead cabinets, two grey steel rolling cabinets 2002 Desk Workstation Jim Three piece, grey speckle with two overhead cabinets, two grey steel rolling cabinets 1998 Desk Workstation Vickie Three piece, grey speckle with two overhead cabinets, two grey steel rolling cabinets 1998 Desk Workstation Spare Office Single piece desk, grey speckle, extra leaf in file storage, two grey steel rolling cabinets, one grey steel overhead cabinet 1998 Ten -key Calculators Colby, John, Vickie, Vita & Patti Five (5) ten -key calculators Front Lobby Workstations Vita & Patti Workstations, grey speckle top with blue paneling, glass panels and door with one small rectangular table and four rolling grey 2004 1 EXHIBIT A 2 EXHIBIT A steel cabinets Television and TV Cabinet Conference Room Panasonic triple play includes DVDNHS and tan rolling TV cabinet 2003 Miscellaneous Plastic Chairs DOP Room/Conference Room Forty (40) grey plastic chairs; Four (4) blue plastic chairs 1998 Miscellaneous Plastic Chairs Lunch Room Two (2) blue plastic stacking chairs Miscellaneous Plastic Chairs Training Room Two (2) blue plastic stacking chairs Folding Tables Training Room Four (4) light white - shaded folding tables Lobby Chairs Lobby/Conference Room/PO Offices Fifteen (15) purple sled chairs with arm rests 1998 Fax Machine Spare Office Panasonic Panafax UF 560 1998 Metal Book Cabinets File Room Nine (9) dark grey metal book cabinets 1999 White Wood Box Cabinets Conference Room Eight (8) white wood box cabinets 1998 Black Cardboard File Cabinets File Storage Room 23x4=92 drawers 2000 Tan Metal File Cabinet Colby Four -drawer HON 2000 Conference Table and Chairs Conference Room Rectangular, grey speckle with six (6) purple rolling chairs with arm rests 1998 Tan Metal Book Cabinet Colby Tan metal book cabinet, two shelf 2002 Industrial Shredder File Storage Room Fellowes Power Shred 480cc 2002 Round Lunch Table Conference Room Circular, grey speckle table 1998 Rolling Computer Table Spare Office Tan color w/keyboard holder 2000 White Kenmore Refrigerator Kitchen Kenmore refrigerator 1999 Microwave Kitchen Sharp Platinum Collection 2002 Coffeemaker Kitchen Mr. Coffee Elite coffeemaker Digital Camera PO Office Powershot 5200 Digital Elph 2 EXHIBIT A Combination Sentry Professional Safe PO Office Quality #6330 1999 Four (4) Aiptel Aiptel Cameras PO Offices Cameras 1999 3 EXHIBIT A JANUARY 2008 ADDENDUM TO PROBATION CONSOLIDATION AGREEMENT BETWEEN TIIE CITY OF YAKIMA AND THE COUNTY OF YAKIMA THIS JANUARY 2008 ADDENDUM TO PROBATION CONSOLIDATION AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE COUNTY OF YAKIMA ("Addendum") is entered into by and between into by and between the City of Yakima ("City"), a Washington State municipal corporation and the County of Yakima ("County"), a Washington State political subdivision. WHEREAS, on January 11, 2006, the City and County signed a Probation Consolidation Agreement, City Contract No. 2005-125 ("Original Agreement"); and WHEREAS, in approximately January 2007, the City and County signed a January 2007 Addendum to Probation Consolidation Agreement Between the City of Yakima and the County of Yakima; and WHEREAS, pursuant to Section 10 of the Original Agreement, the City and County have engaged in further negotiations relating to whether the County merits additional consideration for the performance of services pursuant to the Original Agreement; and WHEREAS, the City has determined that additional consideration is warranted given the quality of services and the County Probation Department's financial status; and NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, it is agreed by and between the City and the County as follows: In exchange for and in consideration of the services to be performed by the County pursuant to the Original Agreement, the City agrees to pay the County an additional sum of Twenty -Five Thousand Dollars ($25,000.00), which amount shall be payable at the conclusion of each month of 2008 as follows: one payment of $2083.37 and 11 payments of $2083.33. The County shall submit an invoice within thirty (30) days of the conclusion of each month of 2008, and the City shall pay the County no later than thirty (30) days following receipt of the invoice. In exchange for these payments, the County agrees not to pursue any termination options available to it now and for the remainder of 2008. The parties understand and agree that neither the Original Agreement nor this Addendum require that the City make any additional payments to the County in connection with the Original Agreement. Requests by the County for additional compensation in 2009 or future years must conform to Section 10 of the Original Agreement and be accompanied by financial reports demonstrating the need for such additional consideration. Mike D. Leita, Commissioner ate: Rand Elli. , Commissioner Date: Constituting the B. rd of County Commissioners For Yakima County, ashington ATTEST: Deputy Clerk of the Board fpr,ed - . - Attest: Christina S. Steiner Clerk of the Board Approved as to `orm: BOARD OF YAKIMA COUNTY COMMISSIONERS Michael D. Lerta, Chairman Ronald F. Gamac e, Commissioner d Elliott, Commissioner onstituting the Board of County Commissioners for Yakima County, Washington JANUARY 2008 ADDENDUM TO PROBATION CONSOLIDATION AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE COUNTY OF YAKIMA THIS JANUARY 2008 ADDENDUM TO PROBATION CONSOLIDATION AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE COUNTY OF YAKIMA ("Addendum") is entered into by and between into by and between the City of Yakima ("City"), a Washington State municipal corporation and the County of Yakima ("County"), a Washington State political subdivision. WHEREAS, on January 11, 2006, the City and County signed a Probation Consolidation Agreement, City Contract No. 2005-125 ("Original Agreement"); and WHEREAS, in approximately January 2007, the City and County signed a January 2007 Addendum to Probation Consolidation Agreement Between the City of Yakima and the County of Yakima; and WHEREAS, pursuant to Section 10 of the Original Agreement, the City and County have engaged in further negotiations relating to whether the County merits additional consideration for the performance of services pursuant to the Original Agreement; and WHEREAS, the City has determined that additional consideration is warranted given the quality of services and the County Probation Department's financial status; and NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, it is agreed by and between the City and the County as follows: In exchange for and in consideration of the services to be performed by the County pursuant to the Original Agreement, the City agrees to pay the County an additional sum of Twenty -Five Thousand Dollars ($25,000.00), which amount shall be payable at the conclusion of each month of 2008 as follows: one payment of $2083.37 and 11 payments of $2083.33. The County shall submit an invoice within thirty (30) days of the conclusion of each month of 2008, and the City shall pay the County no later than thirty (30) days following receipt of the invoice. In exchange for these payments, the County agrees not to pursue any termination options available to it now and for the remainder of 2008. The parties understand and agree that neither the Original Agreement nor this Addendum require that the City make any additional payments to the County in connection with the Original Agreement. Requests by the County for additional compensation in 2009 or future years must conform to Section 10 of the Original Agreement and be accompanied by financial reports demonstrating the need for such additional consideration. CITY OF YAKIMA R. A. Zais, Jr , City Manager Date. /25.10-3 City Clerk COUNTY OF YAKIMA Ronald F. Gamache, Chairman Date: ISIOg Mike D Leita, Commissioner Date:9J /5!08 4,4 t Elliott, Commissioner � Date.k3IUOp Constituting the Board of County Commissioners For Yakima County, Washington Deputy Clerk of the Board. 'Fiera L. Girard Deputy Clerk of the Board AS TO FORM: Depu Prosecuting Attorney of Yakima County, Washington JANUARY 2009 ADDENDUM TO PROBATION CONSOLIDATION AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE COUNTY OF YAKIMA THIS JANUARY 2009 ADDENDUM TO PROBATION CONSOLIDATION AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE COUNTY OF YAKIMA ("Addendum") is entered into by and between into by and between the City of Yakima ("City"), a Washington State municipal corporation and the County of Yakima ("County"), a Washington State political subdivision. WHEREAS, on January 11, 2006, the City and County signed a Probation Consolidation Agreement, City Contract No. 2005-125 ("Original Agreement"); and WHEREAS, in January 2007 and January 2008, the City and County signed addendums to the Original Agreement providing for additional funding by the City for probation services; and WHEREAS, pursuant to Section 10 of the Original Agreement, the City and County have engaged in further negotiations relating to whether the County merits additional consideration for the performance of services pursuant to the Original Agreement; and WHEREAS, the City has determined that additional consideration is warranted given the quality of services and the County Probation Department's financial status; and NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, it is agreed by and between the City and the County as follows: In exchange for and in consideration of the services to be performed by the County pursuant to the Original Agreement, the City agrees to pay the County an additional sum of Twenty -Five Thousand Dollars ($25,000.00), which amount shall be payable at the conclusion of each month of 2009 as follows: one payment of $2083.37 and 11 payments of $208333. The County shall submit an invoice within thirty (30) days of the conclusion of each month of 2009, and the City shall pay the County no later than thirty (30) days following receipt of the invoice. In exchange for these payments, the County agrees not to pursue any termination options available to it now and for the remainder of 2009. The parties understand and agree that neither the Original Agreement nor this Addendum require that the City make any additional payments to the County in connection with the Original Agreement. Requests by the County for additional compensation in 2010 or future years must conform to Section 10 of the Original Agreement and be accompanied by financial reports demonstrating the need for such additional consideration. CITY OF YAK1MA R. A..Zais, J�y Manager Date: -5/S707 ATTEST - City Clerk COUNTY OF YAKIMA BOARD OF YAKIMA COUNTY COMMISSIONERS nd Elliott, Chairman Michael D. Leita, Commissioner CITY CONTRAC ( NO: d12` '/:=2,7 RESOLUTION NO: APPROVED AS TO IFO M: Deputy Prosecuting Attorney of Yakima County, Washington / Kevin Jiieluchey, Commissioner Constituting the Board of County Commissioners for Yakima County, Washington Constituting the Board of County Commissioners For Yakima County, Washington ATTEST. uty Clerk of the Board Christina S. Steiner C�U��� Clerk of the Board o.:- -w•cn ; C� •- �/2ie 101 Return to: Karen Roberts, City Clerk City Hall — First Floor 129 North Second Street Yakima, WA 98901 Bill of Sale The City of Yakima, a Washington State municipal corporation, of 129 North Second Street, Yakima, Washington 98901, in consideration for the agreement by the County of Yakima, Washington to the terms and conditions of the Probation Consolidation Agreement between the parties, does hereby grant, sell, transfer, and deliver to the County of Yakima, Washington the goods listed on Exhibit A to this Bill of Sale, attached hereto and incorporated herein by this reference, which transfer shall be retroactive to and effective on January 1, 2006. The County of Yakima, Washington shall have all rights and title to the goods in itself and its executors, administrators, and assigns. The City of Yakima has executed this bill of sale at Yakima, Washington on the 304k- day of January, 2006. R. A. Zais, Jr. City Manager Attest: Karen Roberts City Clerk I 1IIIlli��IlI1IN�I�N �IIIUI 111 7492845 Page: 1 of 4 82/02/208G -89:12A ,. CITY' OF YAKIMA - LEGAL "SALE$35.88 Yakima Co, WA PROBATION PROPERTY LISTING ITEM LOCATION DESCRIPTIVE IDENTIFIER EST. YEAR PURCHASED Copier Lobby MITA DC 4090 with sorter, #BG10J 1998 Printer Colby HP Laser Jet 2100tn 1998 Printer Jim HP Deskjet 940c #3115 2003 Printer Vickie HP Laser Jet 6 mp 2003 Printer John HP Deskjet 6122 #4317 2003 Printer Vita HP Laser Jet 4000tn 1998 Printer Extra HP Laser Jet 2200d 2003 Printer Patti HP Laser Jet 4000tn 2000 Desk Workstation Colby Three piece, grey speckle with two overhead cabinets, two grey steel rolling cabinets 2002 Desk Workstation Jim Three piece, grey speckle with two overhead cabinets, two grey steel rolling cabinets 1998 Desk Workstation Vickie Three piece, grey speckle with two overhead cabinets, two grey steel rolling cabinets 1998 11 1 1 1 1 CITY OF YAKIMA - LEGAL 11111 1 EXHIBIT A II 11 110 7492845 Page: 2 of 4 02/02/2006 09:12A SALE $5,00 Yakima Co, WA Desk Workstation Spare Office Single piece desk, grey speckle, extra leaf in file storage, two grey steel rolling cabinets, one grey steel overhead cabinet 1998 Ten -key Calculators Colby, John, Vickie, Vita & Patti Five (5) ten -key calculators Front Lobby Workstations Vita & Patti Workstations, grey speckle top with blue paneling, glass panels and door with one small rectangular table and four rolling grey steel cabinets 2004 Television and TV Cabinet Conference Room Panasonic triple play includes DVD/VHS and tan rolling TV cabinet 2003 Miscellaneous Plastic Chairs DOP Room/Conference Room Forty (40) grey plastic chairs; Four (4) blue plastic chairs 1998 Miscellaneous Plastic Chairs Lunch Room Two (2) blue plastic stacking chairs Miscellaneous Plastic Chairs Training Room Two (2) blue plastic stacking chairs Folding Tables Training Room Four (4) light white -shaded folding tables Lobby Chairs Lobby/Conference Room/PO Offices Fifteen (15) purple sled chairs with arm rests 1998 Fax Machine Spare Office Panasonic Panafax OF 560 1998 2 1 1 111111 lllll I C TY OF YAKIMA - LEGAL EXHIBIT A II 1111 11 7492845 Page: 3 of 4 02/02/2006 09:12A SALE $35,08 Yakima Co, WA Metal Book Cabinets File Room Nine (9) dark grey metal book cabinets 1999 White Wood Box Cabinets Conference Room Eight (8) white wood box cabinets 1998 Black Cardboard File Cabinets File Storage Room 23x4=92 drawers 2000 Tan Metal File Cabinet Colby Four -drawer HON 2000 Conference Table and Chairs Conference Room Rectangular, grey speckle with six (6) purple rolling chairs with arm rests 1998 Tan Metal Book Cabinet Colby Tan metal book cabinet, two shelf 2002 Industrial Shredder File Storage Room Fellowes Power Shred 480cc 2002 Round Lunch Table Conference Room Circular, grey speckle table 1998 Rolling Computer Table Spare Office Tan color w/keyboard holder 2000 White Kenmore Refrigerator Kitchen Kenmore refrigerator 1999 Microwave Kitchen Sharp Platinum Collection 2002 Coffeemaker Kitchen Mr. Coffee Elite coffeemaker Digital Camera PO Office Powershot 5200 Digital Elph Combination Safe PO Office Sentry Professional Quality #6330 1999 Aiptel Cameras PO Offices Four (4) Aiptel Cameras 1999 3 11 11 1 ITY OF YAKIMA - LEGAL 11 1 1 EXHIBIT A II II II II 7492845 Page: 4 of 4 02/02/2006 89:12A SALE $35,00 Yakima Co, WA BUSINESS OF TELE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No 42,1/Viol) For gagA- For Meeting of: December 13, 2005 ITEM TITLE: A. Consideration of a resolution authorizing the execution of a probation consolidation agreement between the City of Yakima and the County of Yakima transferring City Probation Division employees to the County effective January 1, 2006, and requiring the County to provide probation services to Municipal Court probationers effective January 1, 2006, and for a period of five years. B. Consideration of a resolution authorizing the execution of a lease agreement between the City of Yakima and the County of Yakima allowing the County to lease the City's Probation Division office space to the County rent-free effective January 1, 2006, and for a period of three years. SUBMITTED BY: Susan Woodard, Presiding Judge CONTACT PERSON/TELEPHONE: Susan Woodard, Presiding Judge 575-3050 Linda Morris, Court Services Manager 575-3050 SUMMARY EXPLANATION: The City of Yakima Municipal Court and Yakima County District Court have spent approximately one year exploring the possibility of consolidating probation services in an effort to reduce costs and increase the effectiveness of probation services. The attached contracts provide for the elimination of the City of Yakima Probation Division and the transfer of all City Probation Officers and City support staff to the Yakima County Probation Department on January 1, 2006. The Probation Consolidation Agreement also requires the County to provide all probation services to criminal defendants ordered on probation by the Municipal Court from January 1, 2006, through December 31, 2010 (Continued) Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Phone: Funding Source: General Fund APPROVED FOR SUBMITTAL:City Manager STAFF RECOMMENDATION: Adopt resolutions. BOARD/COMMISSION RECOMMENDATION. COUNCIL ACTION: (A) Resolution adopted. RESOLUTION NO. R-2005-207 (B) Resolution adopted. RESOLUTION NO. R-2005-208 The quantitative verifiable benefits of this consolidation are as follows: • Fulfillment of the City Council's strategic priority objective for regionalization of services -- Consolidates two separate government departments into one department with one manager and the related administrative savings/efficiencies. m The City currently pays higher costs for salary and benefits than the County. The County has agreed to keep the staff salaries at current levels for at least 5 years. However, the City is saving on future cost increases for Probation employees. • The City has been subsidizing the City Probation Division by approximately $85,000 for 2005 and more for future years—the contract limits the 2006 cost to $48,000 plus utilities (estimated to be $56,000 in 2006). ® The County will receive use of the City Probation Department offices rent-free for a period of three years. The combination of pay to the County and rent-free use of a City building is still less expensive for the City than performing the service ourselves. 1 1 • The --cement to review Ln 7006 with the understanding that the Colunty believes that iu�, [Lsl --cement is subject the differences in salary costs after the first year may be absorbed through more efficient collection of fees for services, consolidation of probationers, and by consolidation of some administrative costs. • The City would no longer have the responsibility of other administrative costs associated with operating a Probation Department (i.e. payroll; accounts payable; legal; human resources, etc.) e The consolidation will result in more efficient and higher quality criminal justice services provided to the public, by eliminating duplicative services (i.e. same probationer in both the City and County system), and by balancing wo_r_ldoads. There is a related appropriation before Council to accommodate the cash -out costs related to the employee transfer as of December 31, 2005. In summary, this consolidation should achieve real budget savings for both the City and County, and provide a better coordinated Probation program for the public.