HomeMy WebLinkAboutR-2005-208 Yakima County Probation Lease AgreementRESOLUTION NO. R 2005 - 208
A RESOLUTION authorizing the City Manager of the City of Yakima to execute 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
rent-free effective January 1, 2006, and for a period of three years.
WHEREAS, the City of Yakima and the Yakima Municipal Court desire to reduce
costs and improve the effectiveness of probation services to Yakima Municipal Court
probationers; and
WHEREAS, Yakima County and Yakima County District Court are willing to provide
probation services to Yakima Municipal Court probationers in exchange for rent-free use of
City office space and additional financial assistance as outlined in the parties' Probation
Consolidation Agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima
to enter into the attached lease agreement with 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 to execute the attached
and incorporated "Lease Agreement Between the City of Yakima and the County of Yakima,
Washington" providing for the County's lease of City Probation Division office space rent-
free effective January 1, 2006, and for a period of three years.
ADOPTED BY THE CITY COUNCIL this 13th day of December, 2005.
ATTEST:
PVAg-r._
City Clerk
1
Paul P. George, Mayor
Return Address:
Yakima County Commissioners
128 N 2"d St Room 232
Yakima WA 98901
Title: Lease Agreemen
Reference: See Attached Le
Grantor:
City of Yakima
129N2"d St
Yakima WA 98901
with City of Yakima
se
Grantee:
Yakima County
128 N 2nd St
Yakima WA 98901
Personal property only located at 207 South Third Street, Yakima, Washington, 98901 in the
City of Yakima. See attached lease and Exhibit A.
YRKIMR COUNTY COMMISSIONS
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LEASE AGREEMENT BETWEEN THE CITY OF YAKIMA
AND THE COUNTY OF YAKIMA, WASHINGTON
THIS LEASE AGREEMENT (hereinafter "Lease"), is executed by and between the City of
Yakima, a Washington State municipal corporation (hereinafter "LESSOR") and the County of
Yakima, a Washington State political subdivision (hereinafter "LESSEE".)
WHEREAS, LESSOR has approved property available for lease as provided by this Lease, and
LESSEE desires to occupy and use such property in accordance with this Lease,
NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit
to be derived by each party, the 'parties agree as follows:
1. LEASED PREMISES: LESSOR does hereby lease and let unto LESSEE and LESSEE
does hereby lease and take from LESSOR, approximately 3750 sq ft of building space at
207 South Third Street, ]Yakima, Washington 98901 in the City of Yakima, Yakima
County, Washington, as that property is depicted on the drawing marked as Exhibit A,
attached hereto and by this reference made a part hereof, together with the right of ingress
to and egress from the leased premises and the public use areas/facilities used in
connection therewith, including the parking lot at said location.
TRAINING ROOM: LESSOR and LESSEE agree that the Police Department Training
Room located at 207 South Third Street, Yakima, Washington is not part of the leased
premises. However, LESSOR is willing to allow LESSEE to use the Training Room
subject to a scheduling system controlled by the LESSOR.
LESSOR shall have unlimited use of the Training Room for all Mondays, Wednesdays,
Fridays, Saturdays, and Sundays during the term of this Lease. Should LESSEE desire to
use the Training Room on a Monday, Wednesday, Friday, Saturday, or Sunday, LESSEE
shall first obtain LESSOR's permission and LESSEE's use will be subject to cancellation
by LESSOR.
For Tuesdays and Thursdays during the term of this Lease, LESSEE shall have first
priority use of the Training Room, provided, however, that if the LESSOR desires to use
the Training Room and gives LESSEE at least one week's notice of such, LESSEE shall
find another location to use and make the Training Room available for LESSOR's use on
that day(s).
2. TERM: The tenancy created by this Lease shall commence on January 1, 2006, and shall
terminate on December 31, 2008, unless otherwise terminated as provided for herein.
3. RENT: In consideration for LESSEE's agreement to the terms and conditions of the
Probation Consolidation Agreement with the City of Yakima and the Yakima Municipal
Court and in consideration for the remaining terms of this Lease, LESSOR specifically
agrees that no rent will be charged during the term of this Lease.
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4. TAXES AND LIENS: LESSEE promises and agrees to pay, as the same become due
and payable, all licenses, fees and taxes, including but not limited to the leasehold excise,
required to be paid by LESSEE by reason of this Lease and by reason of LESSEE's use
and occupancy of the leased premises and by reason of LESSEE's construction or
ownership of improvements to the leased premises. LESSEE shall neither suffer nor
permit the attachment of any lien or other encumbrance on the leased premises by reason
of LESSEE's occupancy thereof. LESSEE agrees to indemnify LESSOR and shall hold
LESSOR harmless from any such taxes and liens.
5. USE: LESSEE agrees to use the leased premises for operating or conducting its
Probation Department, including probation business conducted by County staff, County
consultants, and volunteers, as permitted by applicable laws.
6. UTILITIES: Costs for electrical power, natural gas, water, sewer, and garbage service
shall be prorated by the LESSOR based on the approximate square footage leased in the
building (approximately 3750 square feet out of 6000 square feet.) LESSEE shall be
invoiced monthly for the prior month's usage and such amounts shall be due and payable
immediately.
7. JANITORIAL: LESSEE shall furnish all janitorial services for the leased premises at
LESSEE's expense. LESSEE shall join with LESSOR to clean and stock any shared
facilities including restrooms.
8. PREMISES CONDITION: LESSEE has made a full inspection of the premises, is fully
aware of its condition and accepts the premises on an "AS -IS" basis. LESSEE agrees to
pay for any improvemnts, repairs and/or modifications necessary to LESSEE's use,
including but not limited to all costs associated with the installation of additional phone
lines, wiring, cable, and partitions.
9. MAINTENANCE: LESSEE agrees to keep and maintain the premises in at least as good
a condition as the condition of the premises at the beginning of LESSEE's occupancy,
normal wear and tear excepted. LESSEE further agrees that LESSEE shall be
responsible to maintain all leased areas, trade fixtures and other improvements, existing
and future, in an attractive and usable manner consistent with other LESSOR property.
Maintenance to be performed by LESSEE shall include, but not be limited to, garbage
and debris removal, painting, and snow removal. LESSEE agrees to maintain the
sidewalks and parking lots used by LESSEE in a safe, sanitary, and usable condition at
all times. Such maintenance shall include, but not be limited to, routine and minor repair
and replacement of fixtures and snow and ice removal.
10. SIGNS: LESSEE, at LESSEE's own expense, may erect a sign(s) of a type, number and
location suitable to LESSOR. No signs or other advertising matter or devices shall be
used or displayed in or about the leased premises or upon any portion of the building
pad111111111111111 111111 1 11 11111 ag86810 18
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YRKIMR COUNTY COMMISSIONS 19 991 Yakima Co, WR
without the prior written approval of LESSOR, which approval shall not be unreasonably
withheld.
11. REVERSION OF IMPROVEMENTS: Upon termination of this Lease for any reason,
LESSOR may, at its option, either accept ownership of the improvements constructed or
installed on the leased premises, except for trade fixtures, or require LESSEE to remove
such improvements within sixty (60) days of such termination. LESSOR shall notify
LESSEE of its intent within twenty (20) days of the termination.
Prior to the expiration of this Lease, LESSEE shall remove all such trade fixtures and
repair any damage to the premises caused by removal of trade fixtures to the reasonable
satisfaction of the LESSOR. Fixtures not removed within sixty (60) days after
termination become the property of the LESSOR unless other arrangements have been
previously approved in writing by the LESSOR.
LESSEE shall, as additional consideration for grant of this Lease, insure that all liens,
security interest and other encumbrances against said improvements and structures except
those created or suffered by LESSOR, whether consensual or involuntary, shall be paid,
discharged or satisfied prior to time for reversion thereof to LESSOR; and, in any event,
the parties acknowledge that LESSOR shall not, by virtue of termination of the leasehold
interest nor reversion of the structures or other improvements, be liable for any debt or
encumbrance associated therewith, whether now existing or hereafter incurred, levied or
attached.
12. REGULATIONS: LESSEE agrees to comply with all applicable laws, ordinances, rules,
regulations and policies of all governmental authorities, including policies adopted by
LESSOR, as such laws,
operation of the leased
ordinances, rules, regulations and policies apply to the use and
property and as those laws, ordinances, rules, regulations and
policies now exist or may hereafter become effective.
13. SUBLETTING AND ASSIGNMENT: There shall be no subletting or assignment of
this Lease without the prior written approval of LESSOR.
14. MISCELLANEOUS PROVISIONS:
A. The parties agree that LESSOR may enter upon the leased premises at any reasonable
time to make such inspections as LESSOR may deem necessary to the proper
enforcement of any term, provision or condition of this Lease. No such entry or
inspection by LESSOR is required by this provision, and the failure of LESSOR to enter
and make inspection shall not alter the relationship of the parties and their respective
rights and duties provided by this Lease. LESSEE shall be granted the right of quiet
enjoyment upon performance of all terms of this Lease.
B. LESSOR may further develop or improve leased property and facilities owned by
LESSOR, including the leased premises, regardless of the desire or views of LESSEE
regarding any such development or improvement, without interference or hindrance on
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the part of LESSEE, and without liability to LESSEE, provided the operations of the
LESSEE are not unreasonably interrupted.
C. LESSOR reserves the right to take any action necessary or desirable by LESSOR to
protect the LESSOR's property against any activity interfering with the efficient
operation of the LESSOR's activities, together with the right to prevent LESSEE from
erecting, or permitting to be erected, any building or other structure on the LESSOR's
property which, in the opinion of the LESSOR, would limit the usefulness of the building
or constitute a hazard.
15. INDEMNITY/DUTY TO DEFEND:
A. At no expense to LESSOR, LESSEE shall defend against and indemnify fully and
save harmless the City of Yakima and their elected and appointed officials, employees
and agents, from any and all liability, damages, suits, claims, actions, judgments or
decrees, including all expenses incidental to the investigation and defense thereof and
including reasonable attorneys' fees, based on or arising from the occupancy or use of the
leased premises and the Training Room by LESSEE, its servants, employees, agents,
invitees, independent contractors or any entity, person, firm or corporation acting on
behalf of LESSEE or under its direction, whether such claim shall be by LESSEE or a
third party.
B. LESSEE agrees to reimburse LESSOR for any damage to City property, including the
leased premises and the Training Room caused by the occupancy of LESSEE, its
employees, agents, servants, invitees, independent contractors or any person acting on
behalf of LESSEE or under its direction.
C. LESSEE shall keep and hold the City of Yakima, its elected and appointed officials,
agents and employees, free and harmless from any and all claims and actions, loss,
damage, expense or cost, including reasonable attorneys fees, incidental to the
investigation and defense thereof, resulting from, arising out of, or caused by LESSEE's
use of the leased premises and Training Room resulting in any liability under the Federal
Comprehensive Environmental Response Compensation Liability Act of 1980, as
amended, 42 U.S.C. 9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C.
1801 et seq.; Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.; the Clean
Water Act, 42 U.S.C. 1251 et seq.; the Washington Environmental Policy Act, RCW Ch.
43.21C; the Washington Water Pollution Control Act, RCW Ch. 90.48; the Washington
Hazardous Waste Management Act, RCW Ch. 70.105; the Washington Model Toxic
Control Act, RCW Ch. 70.105D, and the regulations promulgated thereunder, or under
any applicable local or state environmental ordinance, statute, law, rule or regulation.
The provisions of this subsection shall survive the termination of this Lease.
16. DEFAULT, TERMINATION & FORFEITURE:
A. The failure by LESSEE to comply with any term, provision or condition of this Lease
shall constitute grounds for termination of this Lease. This Lease and tenancy shall
111111111111111111111111111110111111111111111111111 5eral„
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YAKIMA COUNTY, G4MMI$8 OMEi. LE. ,++6.00 ( Yakima Co, WA
terminate on written notice by LESSOR to LESSEE stating accurately the manner in
which LESSEE fails or has failed to comply with this Lease. LESSEE shall comply with
this Lease in the manner specified in the notice within thirty (30) days from LESSEE's
receipt of such notice, otherwise this Lease and tenancy shall be terminated. Such notice
shall be given in writing and served on LESSEE by personal delivery or mailed by
certified mail with return receipt requested addressed to LESSEE at its address stated
below or such other address as the parties may advise each other in writing. It is further
agreed that after receipt of notices and as an additional condition to avoid forfeiture,
LESSEE shall pay LESSOR's costs and expenses, including attorney's fees, for the
preparation and service of such notice. Notices shall be deemed received three (3) days
after mailing to LESSEE at the address below or such other address as the parties may
advise each other in writing.
B. As an additional and not alternative remedy, optional with LESSOR and upon thirty
(30)days written notice to LESSEE, LESSOR may cure or correct the default and the cost
of such action by LESSOR shall immediately become due and payable from LESSEE,
together with late fees onaid sum at a rate of twelve percent (12%) per annum, and the
non-payment of said suby LESSEE shall be adequate grounds for LESSOR to invoke
the other remedies as provided in this Lease.
C. Either party may terminate this Lease, with or without cause, upon 180 calendar days
written notice.
D. Upon termination of this Lease for any reason, LESSEE shall immediately surrender
the premises to the LESSOR in good condition and repair, ordinary wear and usage
excepted; and LESSEE shall remove all of LESSEE'S personal property, trade fixtures,
equipment or improvements removable by prior agreement with LESSOR from the
premises and shall repair any damage to the premises caused by such removal. Any
personal property of LESSEE, or anyone claiming under LESSEE, which shall remain
upon the premises at the expiration or termination of this Lease shall be deemed to have
been abandoned and may be retained by LESSOR as LESSOR'S property or disposed of
by LESSOR in such manner as LESSOR sees fit without compensation to any party.
17. NON-DISCRIMINATION CLAUSE: To the extent required by law, LESSEE, for
itself, its personal representative, successors in interest and assigns, as a part of the
consideration hereof, does hereby covenant and agree as follows:
A. No person, on the grounds of race, color, religion, sex, age, marital status, handicap or
national origin, shall be unreasonably excluded from participation in, denied the benefits
of, or be otherwise subjected to discrimination in LESSEE's personnel policies and
practices or in the use or operation of LESSEE's services or facilities.
B. LESSEE agrees that in the construction of any improvements on, over or under the
leased premises and the furnishing of services thereon, no person, on the grounds of race,
color, religion, sex, marital status, handicap, age or national origin, shall be unreasonably
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excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination.
18. INTEGRATION AND SUPERSESSION: This document embodies the entire Lease
between the parties with respect to the subject matter herein contained and supersedes
any and all prior negotiations, discussions, agreements, and understandings between the
parties as to the subject
further force and effect
unless in writing, signed
matter hereof, which are hereby declared terminated and of no
No amendments or modifications hereof shall be enforceable
by the party to be charged.
19. SEVERABILITY: If a court of competent jurisdiction holds any part, term or provision
of this Lease to be illegal, or invalid in whole or in part, the validity of the remaining
provisions shall not be affected, and the parties' rights and obligations shall be construed
and enforced as if the Lease did not contain the particular provision held to be invalid. If
any provision of this Lease 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.
20. NON -WAIVER: The waiver by LESSOR or LESSEE of the breach of any provision of
this Lease 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.
21. NOTICES: Notices 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 below.
22. FILING: A copy of this Lease shall be filed with the Yakima County Auditor pursuant
to RCW 39.34.040.
Time is of the essence of this entire Lease.
CITY OF YAKIMA, WASHINGTON
Attn: City Manager
129 North Second Street
Yakima, WA 98901
R. A. Zais, Jr., City Manager
Date: 1 a11 3/os
ATTEST:
City Clerk $ AQ _ 4 0-0.4.44-‘14-)
City Contract No. oRGe s-io?(�
Resolution No. %'-,Z4 2G f
' 11111111111111111111111111111111111111111111 71;r/280'105'110113A
4864
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YAKIMA COUNTY]COMMISSIONE; LE .P0,1!Yakima Co, WR
YAKIMA COUNTY, WASHINGTON
Attn: County Commissioners
128 North Second Street, Room 232
Yakima, WA 98901
BOARD OF YAKIMA COUNTY COMMISSIONERS
Ronald F. Gamache, Chairman
sse S. Palacios, Commissioner
Michael D. Leita, Commissioner
Constituting the Board of County Commissioners
For Yakima County, Washington
ATTEST:
Deputy Cler the Board
APPROVED AS TO FORM:
Gl+iefSenior Deputy Prosecuting Attorney
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YAKIMA COUNTY COMMISS ONEI ;;LE x.00U Yakima Co, WA
uu,
RESOLUTION NO. R 2005 - 208
A RESOLUTION authorizing the City Manager of the City of Yakima to execute 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
rent-free effective January 1, 2006, and for a period of three years.
WHEREAS, the City of Yakima and the Yakima Municipal Court desire to reduce
costs and improve the effectiveness of probation services to Yakima. Municipal Court
probationers; and
WHEREAS, Yakima County and Yakima County District Court are willing to provide
probation services to Yakima Municipal Court probationers in exchange for rent-free use of
City office space and additional financial assistance as outlined in the parties' Probation
Consolidation Agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima
to enter into the attached lease agreement with 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 to execute the attached
and incorporated "Lease Agreement Between the City of Yakima and the County of Yakima,
Washington" providing for the County's lease of City Probation Division office space rent-
free effective January 1, 2006, and for a period of three years.
ADOPTED BY THE CITY COUNCIL this 13`h day of December, 2005.
ATTEST:
!s/ KAREN S. ROBERTS
S/ PAUL GEORGE
Paul P. George, Mayor
ertified to be a true and corre copy of the
iginal filed in my office. / /Wa
CITY CLERK
Deputy
r^
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YRKIMR COUNTY COMMISSIONS' LE !�0.60.� Yakima Coy WA
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EXHIBIT A
111311101 III011111
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coT I SSIPNE !!LE ,1$9 : 00 Yakima Co, WR
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
gi44` day of January, 2006.
R. A. Zais, Jr.
City Manager
Attest:
Karen Roberts
City Clerk
PRORATION PROPERTY LISTING
ITEM
LOCATION
DESCRIPTIVE
IDENTIFIER
EST. YEAR
PURCHASED
Copier
Lobby
MITA DC 4090 with
sorter, #BG 10J
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,
Vita &
John, Vickie,
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 1
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 "I
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 I
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
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
431 A -A.15
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 n 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: ��b 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:
•
•
s
•
•
•
•
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.
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.
The agreement is subject to review in 2006 with the understanding that the County believes that
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.)
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 workloads.
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.