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
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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
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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
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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
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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
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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
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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
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,. 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
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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
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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
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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.