The URL can be used to link to this page

Home My WebLink AboutR-1995-107 Graffiti Cleanup - Interlocal AgreementRESOLUTION NO. R-95- A RESOLUTION authorizing the execution of an interlocal agreement for graffiti cleanup or repainting between the City of Yakima and Yaldma County. WHEREAS, the incident of graffiti on City -owned property continues to escalate; and WHEREAS, such graffiti creates a blight and an eyesore when placed on City property; and the City of Yaldma believes it is essential to remove or cover graffiti as soon as practicable both to maintain the appearance of City property and because "graffiti breeds more graffiti"; and WHEREAS, it has become increasingly difficult for the City to maintain these properties using City personnel due to City staff limitations and the increased number of graffiti incidents; and WHEREAS, Yakima County and the Yakima County Department of Corrections are proposing to supply inmate labor and tools for removal and repainting of graffiti in exchange for the City covering half of the cost of inmate work crew supervision, insurance, transportation, and equipment and the City of Yakima providing the necessary paint; and WHEREAS, the Yakima County Department of Corrections will supply inmate labor and tools for a variety of other labor intensive tasks at a below market rate; WHEREAS, Yakima County has the ability to provide inmate labor and tools for graffiti cleanup and repainting, 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, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute the attached incorporated Interlocal Agreement for Graffiti Cleanup or Repainting Between the City of Yakima and Yakima County. ADOPTED BY THE CITY COUNCIL this 25 day of .Thl y ATTEST: City Clerk (].Ices/Gr.f fsil/Yaki.. County jv , 1995. Mayor Pro Tem After recording return to: City of Yakima 129 North 2nd Street Yakima, WA 98901 INTERLOCAL AGREEMENT FOR GRAFFITI CLEANUP OR REPAINTING 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 2nd Street Yakima, WA 98901 WHEREAS, the City of Yakima has suffered an increased number of graffiti incidents and the City of Yakima deems it essential to maintain City property graffiti free; and WHEREAS, the Yakima County Department of Corrections will supply inmate labor and tools for a variety of other labor intensive tasks at a below market rate, WHEREAS, Yakima County has the ability to provide inmate labor and tools for graffiti cleanup and repainting, 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. NOW, THEREFORE, pursuant to RCW 39.34, the Parties agree as set forth herein: 1. Yakima County herein agrees to provide inmate work crews for graffiti removal and painting. Because it is vital to the success of any graffiti intervention program that markings are removed as soon as possible, Yakima County shall exercise best efforts to provide a twenty-four (24) hour turn- around time for graffiti cleanup; but in no event shall turn -around time for graffiti cleanup exceed forty-eight (48) hours exclusive of weekends and holidays. Yakima County further agrees to provide inmate work crews for janitorial service, building and grounds maintenance, vehicle cleaning, snow removal, liter 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 for inmate work crews, inmate worker insurance, transportation to and from the job sites, and necessary tools and equipment. 2. (a) In consideration of such graffiti removal service, 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, the City of Yakima herein shall pay to the Yakima County Department of Corrections a sum to be calculated as follows: Page 1 of 3 (1u)agr/graffiti jw Inmate work crew supervision Inmate worker insurance Inmate transportation Equipment/supplies trailer Equipment $10.41 per hour .025 per hour .37 per mile .08 per mile Half of amortized cost by job These fees represent one half (1/2) of the cost of staffing, inmate transportation and insurance and non -consumable equipment. Should Yakima County need to raise these rates to reflect increased costs, the new rate shall be equal to one half (1/2) of the costs of staffing, inmate transportation and insurance and non -consumable equipment. Yakima County shall give the City 60 days notice of any rate increase. Upon receipt of such notice, the City shall have the option to terminate this agreement as provided in section 3 hereof. 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/Streets Division an itemized bill for services rendered during that calendar month. The City of Yakima shall pay the Yakima County Department of Corrections for graffiti removal services provided to the City within thirty (30) days of receiving said bill. (b) In addition to monetary consideration, the City of Yakima shall supply all paint and other substances to be applied to City property. 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 unused paint 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 upon its discovery of graffiti. Notice of graffiti problems may be telephoned to the Yakima County Department of Corrections at (509)454-6974. A written request for graffiti removal or other service showing the date of request and work requested may also be delivered to 111 North Front Street, Yakima, Washington 98901. This Agreement shall not be interpreted to require the City to utilize inmate labor for graffiti removal or 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 paint and other substances to be applied 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 Page 2 of 3 (1s)agr/graffiti jw 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, loss 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 indemnify 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 County, its employees, inmates, and/or volunteers. 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 shall be in 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. DATED this ; BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 18 For Meeting of 0712 519 5 ITEM TITLE: Graffiti on City Property SUBMITTED BY: Jerry D. Copeland, Director of Public Work ' Dave Hussell, Street and Traffic Operations anagen CONTACT PERSON/TELEPHONE: Dave Hussell, Street and Traffic Ops. Manager 575-6005 SUMMARY EXPLANATION: In February staff presented information to Council relative to graffiti problems on City owned properties. Council asked for a further review of the. new Department of Corrections Inmate Labor Program as a possible solution to a graffiti clean-up and cover-up response team. _ program is now available for graffiti clean-up or repainting at a shared cost to local municipalities within Yakima County. An interlocal agreement for services has been worked out between City and County Legal staffs and is attached along with an ordinance appropriating $25,000 from the City General Fund. A resolution asking for adoption of the agreement is also attached for your consideration. Exhibits Resolution X Ordinance X Contract � Other (Specify) Attachments Funding Source k APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Initiate a service agreement with Yakima County Thepartment of Corrections to provide graffiti clean-up and various other ervices. Adopt attached resolution and provide for the first reading of the appropriation ordinance. COMMISSION/COMMITTEE RECOMMENDATION: COUNCIL ACTION: