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Home My WebLink AboutR-2007-020 Yakima County Department of Corrections Interlocal AgreementRESOLUTION NO. R=2007- 20 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Interlocal Agreement with Yakima County for Officer Supervised Work Crews. WHEREAS, the City of Yakima has experienced an increase in the demand for Parks and Recreation Division and Streets and Traffic Division services within the City limits and has suffered reduced revenue for such services; and WHEREAS, the Yakima County Department of Corrections can and will supply inmate labor and transportation for a variety of labor intensive tasks at a below market rate; and WHEREAS, Chapter 39.34 of the Revised Code of Washington, entitled "Interlocal Cooperation Act," permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other municipalities on the basis of mutual advantage; and WHEREAS, Yakima County has the ability and willingness to provide inmate labor for the Parks and Recreation Division and Streets and Traffic Division services such as painting, janitorial services, building and grounds maintenance, vehicle cleaning, snow removal, litter patrol, graffiti abatement and other general labor projects as may from time to time be agreed between the parties hereto; and WHEREAS, the City Council deems it to be n the best interest of the City of Yakima to contract with Yakima County according to the terms of the attached "Interlocal Agreement for Officer Supervised Work Crew Between the City of Yakima and the Yakima County," now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Interlocal Agreement For Officer Supervised Work Crew Between City of Yakima and Yakima County." ADOPTED BY THE CITY COUNCIL THIS 6th DAY OF FEBRUARY, 2007 ATTEST: ANEDO City Clerk David Edler, Mayor INTERLOCAL AGREEMENT FOR Officer Supervised Work Crew BETWEEN CITY OF YAKIMA AND YAKIMA COUNTY PARTIES: City of Yakima 129 North 2nd Street Yakima, WA 98901 Yakima County Yakima County Courthouse 128 North 2"d Street Yakima, WA 98901 WHEREAS, the City of Yakima has experienced an increase in the demand for Streets/Traffic Division and Parks Maintenance Division services within the city limits while also experiencing a reduction in revenue for such services, and WHEREAS, the Yakima County Department of Corrections will supply inmate labor and transportation for a variety of labor intensive tasks at a below market rate, WHEREAS, Yakima County has the ability to provide inmate labor to perform Streets/Traffic Division and Park Maintenance Division work such as repainting, janitorial service, building and grounds maintenance, vehicle cleaning, snow removal, litter patrol, graffiti abatement and other general labor projects as may from time to time be agreed between the parties hereto, and WHEREAS, Chapter 39.34 of the Revised Code of Washington, entitled "Interlocal Cooperation Act," permits local government units to make the most efficient use of their powers by enabling them to cooperate with other municipalities on the basis of mutual advantage, and WHEREAS, it appears mutually advantageous to both the City of Yakima and Yakima County to enter into this Agreement, NOW, THEREFORE, pursuant to RCW 39.34, the Parties agree as set forth herein: 1. Yakima County herein agrees to provide an inmate work crew to the Streets/Traffic Division and an inmate work crew to the Park Maintenance Division to perform janitorial service, building and grounds maintenance, vehicle cleaning, snow removal, litter patrol, and other general labor projects as may from time to time be agreed between the parties hereto. These projects shall be completed in a reasonable time. In addition to inmate labor, Yakima County shall supply and be solely responsible for proper security and supervision of inmate work crews, the provision of inmate worker insurance, transportation to and from the job sites, and the utilizations of supplied and necessary safety equipment. Each inmate crew will consist of six to eight inmates and a corrections officer from Yakima County. The correction officer will report to the appointed City representative daily for their work assignments. 2. (a) In consideration for the service of providing work crew labor to the Streets/Traffic Division and the Park Maintenance Division of the City of Yakima, the City shall pay to the Yakima County Department of Corrections a sum to be calculated as follows through December 31, 2007: Inmate work crew supervisor(s) $5,231.75 per month/Parks $5,441.75 per month/Streets Inmate worker insurance $83.20 maximum per month Inmate transportation* .71 per mile Trailer ER&R $120.00 per month *Transportation includes a van, a bathroom equipped trailer and fuel. These fees represent one hundred percent of the cost of staffing, inmate transportation and insurance. Should Yakima County need to raise these rates to reflect increased costs, the new rate shall be equal to one hundred percent of the costs of staffing, inmate transportation and insurance Yakima County shall give the City 60 -days notice of any rate increases. Upon receipt of such notice, the City shall have the option to terminate this agreement as provided in section 3 herein. Amounts due under this Agreement shall be paid as follows: At the conclusion of each calendar month, the Yakima County Department of Corrections shall submit to the City of Yakima Department of Public Works an itemized bill for services rendered during that calendar month. The City of Yakima shall pay the Yakima County Department of Corrections for services provided to the City within thirty (30) days of receiving said bill. If at any time, Yakima County is unable to provide a work crew, for more then two weeks, the County will pro -rate a deduction for those hours of the month when there was no work crew available. (b) In addition to monetary consideration, the City of Yakima shall supply all necessary tools, equipment, paint and other substances to be applied to City property, and all other supplies, which may be required to allow, work crews to perform the work contemplated herein. 3. This Agreement shall continue in full force and effect until and unless either party gives thirty (30) days written notice of termination to the other party. Upon termination, all tools and other materials supplied to the Department of Corrections pursuant to this agreement shall be returned to the City of Yakima, Public Works Department. Upon termination, County shall be paid as provided in section 2 (a). 4. The City of Yakima shall notify the Yakima County Department of Corrections of any problems regarding the crew by telephoning (509) 574-2906. This Agreement shall not be interpreted to require the City to utilize inmate labor for any other project. The Yakima County Department of Corrections shall transport personnel and equipment to and from the work sites and the Yakima County Department of Corrections shall in addition transport any substances to be supplied from the Yakima City Shops, 2301 Fruitvale Boulevard to the work site. 5. County and City understand and expressly agree that County employees, inmates or volunteers are not to be considered City employees, inmates or volunteers in the performance of each and every part of this agreement. County and its employees, inmates or volunteers shall make no claim of City employment nor shall claim against the City any related employment benefits, social security, and/or retirement. 6. County shall be solely responsible for compensating its 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 employment contract or assessed against either party as a result of this agreement. In the event City is assessed a tax or assessment as a result of this agreement, County shall pay the same before it becomes due. 7. Each party shall indemnify and hold harmless the other, its officers, agents, and employees, from all liability, Toss or damage, including cost of defense, including attorney fees, they may suffer as a result of claims, demands, actions, damages, costs or judgments which result from the intentional or negligent acts or omissions of the indemnifying party, its agents, employees, volunteers, or subcontractors. For purposes of this indemnity agreement, Yakima County shall be solely responsible for the selection, security, and supervision of inmate workers. Inmate workers shall be considered volunteers of Yakima County for purposes of this provision. It is expressly understood that the City of Yakima does not maintain liability insurance for the County, its employees, inmates, and/or volunteers. The County shall keep in full force and effect inmate worker insurance during the duration of this Agreement. 8. The parties may amend this Agreement in writing signed by both parties without additional consideration being necessary. 9. A copy of this Agreement shall be filed with the City Clerk of the City of Yakima and the Yakima County Auditor's Office and the Secretary of Washington State. 10. In event of dispute, venue of any action on this Agreement shall be in the Superior Court in and for Yakima County, Washington. 11. Each party shall approve this Agreement by resolution, ordinance, or otherwise pursuant to the laws of the governing body of each party. The attested signatures of the City Manager and County Commissioners below shall constitute a presumption that such approval was properly obtained. f� DATED this ' day of e&vry BOARD OF YAKIMA COUNTY COMMISSIONERS Mike Leita, Chair By:a Ron Gamache, Commissioner B ATTES and Elliott, Commissioner , 2007 oUN 8oamty Clerk • _o;o d t i d CITY OF YAKIMA By: C R. A. Zais, Jr.T ity Manager ATTEST: City Clerk CITY CONTRACT NO: a240 �Q7 RESOLUTION NO: " 0?/ 2 7—ig0 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. * (o For Meeting Of: February 6, 2007 ITEM TITLE: Resolution to Authorize Inter -Local Agreement with Yakima County Department of Corrections for Inmate Work Crews for the Parks and Recreation Division and Street and Traffic Operations Division SUBMITTED BY: Chris Waarvick, Director of Public Works CONTACT PERSON/TELEPHONE: Denise Nichols/575-6005 Shelley Willson/575-6005 SUMMARY EXPLANATION: Yakima County Department of Corrections has indicated a cost of service increase due to contract negotiations with their union. The Street and Traffic Operations Division and Transit Division share the cost of one inmate crew. The Parks Division pays 100% of the costs associated with one inmate crew. The inmate crew for the Parks Division provides litter pickup, graffiti removal, restroom cleaning, weeding, planting, general maintenance and snow removal. The inmate crew assigned to the Street and Traffic Operations Division provides weed and litter abatement adjacent to classified streets and transit stops, assists the City with the fall leaf program, hand shoveling driveways that have been blocked by snow removal equipment, clearing snow from the sidewalks on the Nob Hill overpass and Walnut underpass. Transit currently pays 12% of the Street and Traffic Operations inmate crew. The costs associated with the inmate crews were included in the 2007 adopted budget. Resolution XX Ordinance Other (Specify) Inter -Local Agreement Contract Mail to (name and address): Steve Robertson 111 North Front Street Yakima WA 98901 Phone: Funding Source Street Operatiovision 88%/Transit 12% and Park Division 100% APPROVED FOR SUBMITTAL: Z .4 City Manager STAFF RECOMMENDATION: Staff respectfully requests that Council adopt the resolution to authorize an Inter -Local Agreement with Yakima County Department of Corrections for inmate work crews. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2007-20