HomeMy WebLinkAboutR-2007-071 Washington State Department of Corrections Agreement (corrections officer at police department)RESOLUTION NO. R-2007- 71
A RESOLUTION authorizing and directing the Chief of Police of the City of Yakima to
execute an interlocal agreement with the Washington State Department of
Corrections for placement of a Community Corrections Officer in the
Yakima Police Department.
WHEREAS, the Washington State Department of Corrections (DOC) desires to
maintain placement of a Community Corrections Officer in the Yakima Police Department
pursuant to the attached written agreement; and
WHEREAS, such an arrangement benefits the Yakima Police Department by increasing
the Department's efficiency and effective response to felons under DOC supervision; and
WHEREAS, the City and the DOC are willing to permit such an arrangement 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
authorize execution of the attached agreement with the Washington State Department of
Corrections, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Chief of Police of the City of Yakima is hereby authorized and directed to execute
the attached and incorporated "Interlocal Agreement" with the Washington State Department of
Corrections for the purpose of maintaining placement of a Community Corrections Officer in the
Yakima Police Department.
ADOPTED BY THE CITY COUNCIL this 15th day of May, 2007.
ATTEST:
David Edler, Mayor
City Clerk
x
Statue of Washington
]D epaurttttmtemttt of Corrections
Contract No. C(OtCt07]124
This l[mttte]rtocatll A\gireemniemt ("Agreement") is made by the state of Washington,
Department of Corrections, hereinafter referred to as Department, and the Yakima Police
Department, hereinafter referred to as Agency.
WHEREAS, RCW Chapter 39.34 (Interlocal Cooperation Act) permits state agencies and local
Governments to make the most efficient use of their powers by authorizing them to enter into
Agreements with each other, in order to provide services and facilities in a manner best serving
the needs and development of their local communities: and
WHEREAS, the purpose of this Agreement is to allow Department to place Community
Corrections Officers ("CCO's") at the premises owned/operated by Agency located at 200 S. 3`d
St., Yakima, WA 98901("Premises").
NOW THEREFORE, in consideration of the terms and conditions contained herein, Department
and Agency agree as follows:
1. Agency Responsibilities: Agency shall provide:
A. Office space for 1 CCO at Premises, including a desk, chair, phone, and data port.
B. Premises will be accessible to the CCO seven days a week, twenty-four hours per
day.
C. A mail box slot at Premises to which CCO has access.
D. Janitorial service for the office space.
E. A location for a reporting kiosk, if applicable.
2. Department Responsibilities: Department shall:
A. Keep the office space clean
B. Wear Department identification at all times when within the building.
C. Escort visitors at all times while within the building.
D. Use Agency space and equipment with respect, and immediately report any
problems associated with the loaned equipment or space.
E. Procure, install, and maintain a reporting kiosk, if applicable.
F. Procure, install, and maintain a VPN connection for use by the CCO for laptop
service (Attachment A)
3. Mutual benefits: This Agreement improves both parties ability to carry out public safety
responsibilities through:
A. Joint Operations covering events, holidays, and home/field contact.
B. Immediate response regarding felons under Department supervision.
C. Joint involvement in Community groups.
D. Liaison activities between the Agency and Department.
4. Access to information:
A. Access to all Department computer systems and files are restricted to the CCO.
Department will follow its policy for dissemination of any information from its
computer systems and files.
State of Washington COCO71 24 Page 1 of 3
Department of Corrections r ;
B. Access to all Agency computer systems and files are restricted to Agency personnel
unless trained and authorized. The Agency will follow its policy and applicable law
concerning dissemination of all Agency information.
5. Term: This agreement shall take effect May 1, 2007 and shall continue in effect until
terminated April 30, 2009. This Contract Agreement may be extended by mutual
agreement of the parties for two (2) additional one-year periods or portions thereof. Any
such extension shall be evidenced by a properly completed written amendment to this
Agreement. Either party may terminate this Agreement by giving thirty (30) days written
notice to the other.
6 Hold Harmless: Each party to this Agreement shall be responsible for its own acts
and/or omissions and those of its officers, employees, and volunteers. No party to this
Agreement shall be responsible for the acts and/or omissions of entities or individuals
not a party to this Agreement.
7. Contact Persons: The parties stipulate that the following persons shall be the contact
person for their respective jurisdiction.
A. Greg Copeland, Captain, Yakima Police Department, 200 S. 3rd St., Yakima, WA
98901, (509) 575-3032, gcopeland@ci.yakima.wa.us.
B. Ralph Berthon, Community Corrections Supervisor, Department of Corrections, 210
N. 2nd St., Yakima, WA 98901, (509) 575-2185, rmberthon@doc1.wa.gov.
8. Nothing herein shall require or be interpreted to:
A. Waive any defense arising out of RCW Title 51.
B. Limit or restrict the ability of either entity or employee or legal counsel for either entity
or employee to exercise any right, defense or remedy which a party to a lawsuit may
have with respect to claims for third parties, including, but not limited to, any good
faith attempts to seek dismissal of legal claims against a party by any proper means
allowed under the civil rules in either state or federal court.
9. General Provisions:
A. Entire Agreement. This Agreement contains all of the terms with respect to any
matter covered or mentioned in this Agreement.
B. Modification. No provision of this Agreement may be modified except by written
agreement signed by the Parties.
C. Successors. This Agreement shall be binding upon the Parties' successors in
interest, heirs, and ensigns.
D. Severability. Any provision of this Agreement which is declared invalid or illegal shall
in no way affect or invalidate any other provision.
E. Default. In the event that either of the Parties defaults on the performance of any
terms of this Agreement or either party places the enforcement of this Agreement in
the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys'
fees, costs and expenses.
F. Venue. The venue for any dispute related to this Agreement shall be Yakima
County, Washington.
G. Waiver. Failure of the Agency to declare any breach or default immediately upon the
occurrence thereof, or delay in taking any action in connection with, shall not waive
such breach or default. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor.
State of Washington COCO7124 Page 2 of 3
Department of Corrections
H. Performance Time is of the essence of this Agreement and each and all of its
provisions in which performance is a factor.
I No Third Party Rights This Agreement is entered into for the sole benefit of the
Department and the Agency. It shall confer no benefits or rights, direct or indirect, on
any third persons, including employees of the parties. 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.
J. No Employment Relationship. The Department alone bears full responsibility for
controlling the manner and means by which the CCO performs work and for
providing all compensation and other employment benefits, including payroll taxes
and worker's compensation coverage, to the CCO. The Agency bears no
responsibility for the control of the CCO, their standards of performance, and all
other aspects of their employment with the Department. The CCO is not an Agency
employee and has no right to any employment benefits, including any form of
compensation, from the Agency. The Department agrees to hold the Agency
harmless from any employment-related claims made by a CCO against the Agency.
K. 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.
10. Governance: This Agreement is entered into pursuant to and under the authority
granted by the laws of the state of Washington and any applicable federal laws. The
provisions of this Agreement shall be construed to conform to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its terms and any
applicable statute or rule, the inconsistency shall be resolved by giving precedence in the
following order:
A. Applicable state and federal statutes and rules;
B. Statement of work; and
C. Any other provisions of the Agreement, including materials incorporated by
reference.
THIS Interlocal Agreement, consisting of three (3) pages and one (1) attachment, is executed by
the persons signing below who warrant that they have the authority to execute the Agreement.
YAKIMA POLICE DEPARTMENT
(Signature)
R. A. Zais, Jr.
(Printed Name)
City Manager
(Title)
Zoo?
(Date) 0
Approved as to Form:
This Interlocal Agreement format was approved
as to form by Pete Berney, AAG, of the Office of
the Attorney General, on December 8, 2006
State of Washington C0007124
Department of Corrections
CITY CONTRAC r NO: c O7't3 $
RESOLUTION NO: Q-.7067-71
DEPARTMENT OF CORRECTIONS
(Signatur) 1 B 1
Gary Banning
(Printed Name)
Contracts Administrator
(Title)
(Date)
Page 3 of 3
State of Washington October 4, 2006
Department of Corrections
Memorandum of Understanding
Washington State Department of
Corrections and the Yakima Police
Department
1. Purpose
The Yakima Police Department hosts a Department of Corrections' Community Corrections
Officer (DOC CCO) at their location. The Yakima Police Department has agreed to allow the
CCO use of their network infrastructure and Internet connectivity for the purpose of connecting
to the DOC network via Virtual Private Networking (VPN). This Memorandum of
Understanding will outline agreed upon roles and responsibilities between the Washington State
Department of Corrections and the Yakima Police Department in support of DOC's network
connectivity as described above.
2. Scope
The Yakima Police Department is located in Yakima, WA. The DOC staff person at this
location is supported by the East Region South Information Technology team based out of
Yakima, WA.
DOC is supplying the software client and digital key fob for DOC staff to use in establishing
their VPN connection to the DOC network. The software, fob and resultant VPN connection to
the DOC network will only be used by authorized DOC staff and with DOC owned and managed
computing equipment.
The Yakima Police Department agrees to provide the network infrastructure and Internet
connectivity that will allow the DOC CCO staff to establish VPN connectivity to the DOC
network.
When there are scheduled network outages that may impact DOC staff connectivity to the DOC
network, the Yakima Police Department agrees to notify' the impacted DOC staff as soon as they
reasonably can.
The VPN software installed on the DOC computer will not allow split tunneling. This means
that DOC staff will not be able to connect to Yakima Police Department
resources on their network (e.g. printers, desktop faxing, print, file, terminal servers or the like).
The sole use of the Yakitna Police Department infrastructure and Internet connectivity will be for
1
State of Washington October 4, 2006
Department of Corrections
providing VPN connectivity to the DOC network. Likewise, Yakima Police Department
staff will not use the DOC VPN connection to gain access to DOC network data or resources.
DOC East Region South Information Technology Staff
Mary -Jane Arnold, EIT Information Technology Operations Manager
Email: mjarnold cr docl .wa.gov
Phone: (509) 324-8399
Cell Phone: (509) 998-2730
Linda Davis, EIT Information Technology Specialist 4
Email: lsdavis@doc 1.wa.gov
Phone: (509) 454-3646
Cell Phone: (509) 654-0410
City of Yakima, Yakima Police Department
Rick Pettyjohn, MIS Director
Email: rpettyjo@ci.yakima.wa.us
Phone: (509) 575-6098
Cell Phone: None
3. Terms of agreement
The signatures of this document indicate agreement to its content, that it is valid, has achievable
objectives, and represents the intent of DOC Information Technology to meet the system needs of the
Department of Corrections at the Yakima Police Department.
This document is maintained by Mary -Jane Arnold, Regional Information Technology Operations -
Manager, Washington State Department of Corrections. Any modifications to this agreement require the
review and approval of all parties. Input relative to the content or distribution of this document should be
forwarded to Mary -Jane Arnold
This document will remain in effect until replaced with an updated version. It will be reviewed annually for
applicability. The next review is scheduled for October 10, 2007
State of Washington October 4, 2006
Department of Corrections
4. Approval
Chief lz.rmati. Offi r, WA Dept. of Corrections
Signature
Gary Maciejewski
(Print Name)
Community Corrections Supervisor, WA Dept. of Corrections
Signature
Ralph M. Berthon
(Print Name)
Community Corrections Officer, WA Dept. of Corrections
Si • - = ure
Manjgem- 'tnfo� on Systems D rector, City of Yakima
r/ /_
Scott T McLean
(Print Name)
/% c'�
D to
N -i
Date
It) 7 10
Date
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of: May 15, 2007
ITEM TITLE: Consideration of a Resolution Authorizing the City Manager to
execute a Contract with the State of Washington Department of
Corrections to provide office space for a State Community Corrections
Officer at the Yakima Police Department.
SUBMITTED BY: Samuel Granato, Chief of Police
CONTACT PERSON/TELEPHONE: Chief Granato — 575-6211
SUMMARY EXPLANATION:
Attached is a resolution authorizing the City Manager to execute an agreement for services
with the State of Washington Department of Corrections providing office space at the Yakima
Police Department for a Community Corrections Officer.
The Yakima Police Department has made similar arrangements with other state and county
agencies. These arrangements have been beneficial to all participating agencies, providing
additional resources to the Yakima Police Department and the outside agencies.
There is no cost associated with this contract.
Resolution xx Ordinance Other (Specify)
Contract xx Mail to (name and address): Denise Abbott, Contracts and Legal Affairs,
Department of Corrections, PO Box 41114, Olympia, WA 98504-.11-14 (2 copies)
Phone:
Funding Source
APPROVED FOR SUBMITTAL: �c ,t�-/rrr,City Manager
STAFF RECOMMENDATION: It is recommended that the Council adopt the resolution
BOARD/COMMISSION RECOMMENDATION:
• COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2007-71