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Home My WebLink About10/03/2017 06D Probation Services Agreement with Yakima County District CourtBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 6.D. For Meeting of: October 3, 2017 ITEM TITLE: Resolution authorizing an agreement between the City of Yakima Municipal Court and the Yakima County District Court for probation services SUBMITTED BY: Kelley Olwell, Presiding Judge SUMMARY EXPLANATION: Probation services were consolidated by an interlocal agreement in 2005 to reduce costs and increase efficiency. The City of Yakima Municipal Court refers probationers to the County, which provides assessment, supervision, and other required services. The Agreement provides for continuation of the cooperation and coordination between the agencies for probation services. The term of the Agreement will end at midnight on December 31, 2021. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FORcl*� SUBMITTAL: `yCity Manager STAFF RECOMMENDATION: Adopt resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D Probation services resolution 911912017 Ca r Memo D probation seNces agreement 9119/2017 Cceer Memo O RESOLUTION NO. R -2017- A RESOLUTION approving an agreement between the City of Yakima Municipal Court and the Yakima County District Court for probation services. WHEREAS, the City of Yakima and its Yakima Municipal Court and Yakima County and its District Court consolidated probation services in 2005 in order to reduce costs and increase efficiency; and WHEREAS, the City and County of Yakima desire to continue consolidated probation services to maintain the cost savings and efficiencies realized since 2005; and WHEREAS, the City Council finds that it is in the City's best interest to approve the attached Probation Services Agreement which has been signed by the Judges, including the Presiding Judge of Yakima Municipal Court; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Probation Services Agreement between the City of Yakima and its Municipal Court and Yakima County and its District Court for probation services is hereby approved. ADOPTED BY THE CITY COUNCIL this day of September, 2017. ATTEST: City Clerk 1 Kathy Coffey, Mayor G THIS PROBATION SERVICES 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 ummzm� WHEREAS, the Municipal Court and the District Court consolidated probation services to reduce costs and increase the effectiveness of probation supervision in their respective WHEREAS, the City and the County desire to continue consolidated services to maintain reduced costs and increased probation supervisory efficiency, 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 that contribute to their mutual benefit. 2. DURATION: This Agreement shall be effective from January 1, 2018 and shall remain in effect until midnight on December 31, 2021, unless terminated earlier by either party in zff=»� a. CostPerCase: The City agrees to pay the County a flat fee of $70.00 per case for whi probation supervision has been ordered for the duration of this Agreement subject paragraph four of this Agreement. For 2018, the cost to the City for supervision servic is $63,997.00. The calculation of that amount is detailed below and further explained] paragraphs 3(b) and 3(c). 0 4 c. Calculation and Timing: The County will project the total number of active and bench v--1,2rr2�% we ex t-*. guAgi-vi5e f*,r t,�le *y the f�?st jf,!�vgl l*lf the preceding year for which services will be rendered. The County will provide the City with an accounting that includes the average active caseload and average bench warrant caseload for the upcoming year as well as the calculation of cost based upon the accounting. For 2018, the County will project the number of cases based on the daily average number of cases supervised (includes active and bench warrant cases) in 2017. For 2019, the County will project the number of cases based on the daily average number of cases supervised (includes active and bench warrant cases) in 2017 and 2018. For 2020, the County will project the number of cases based on the daily average number of cases supervised (includes active and bench warrant cases) in 2017, 2018 and 2019. For 2021, - I At llill - - lwiv Nalmali d. Payment: The County will invoice the City on a quarterly basis for costs and fees determined as set forth in paragraph 3, above, with the total amount owed for the previous quarter. The first invoice will be for County probation services provided from January 1, 2018 through March 31, 2018. The City will remit payment within 30 days after receipt of the County's invoice. 4. REVIEW: If it is determined that the flat fee of $70.00 per case is inadequate to cover costs associated with supervision, the parties agree that the cost per case can be reviewed by August 1 of each contract year and adjusted based on those discussions, to become effective on January 1 the following year. At the time of review, the County will provide the City with notice as well as supporting documentation detailing their findings as it relates to case numbers, operational costs and revenue shortfalls. 5. PROBATION SERVICES: The parties agree that the most effective way to continue consolidated probation services to reduce costs and provide better services is for District Court to probation supervision by order of the Municipal Court ("City Probationers"). N -n b. The County shall provide all necessary personnel, equipment and facilities to perfor the foregoing services in the manner required by law and court rule. The County sh provide the City with notice of any changes that may impact the staffing and servi levels applicable to City Probationers. I 6. 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 or entities. 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 #f this Agreement is solely that of each party. 1111 111 i R i I I � I � I I'mi 1111 &IMIMMMM 8. 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. AMMONIUM Agreement, incivaing Al iu so irm e uris ic ion kARWJ 11 regaraing Misdemeanant Probation Departments, 10. LIABILITY. zJA-P—City a grAes—to—VO—W a .1 *-A tefeX4 tWe-C-*JL1x-tyjtS *fficex-s, ee-lledx officials, employees, and agents from and against any and all suits, actions, claim liability, damages, judgments, costs and expenses (including costs andreasonab attorney's fees) which result from or arise out of any intentional or negligent act omission of the City, its officers, elected officials, employees, and agents in connecti with or incidental to the performance of this Agreement. I b. The County agrees to hold harmless, indemnify, and defend the City, its officers, elect officials, employees, and agents from and against any and all suits, actions, claim liability, damages, judgments, costs and expenses (including costs and reasonab attorney's fees) which result from or arise out of any intentional or negligent act and/ omission of the County, its officers, elected officials, employees, and agents connection with or incidental to the performance of this Agreement. 0 �V 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 part shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses including costs and reasonable attorney's fees. d. Nothing contained in this section of this Agreement shall be construed to create liability or a right of indemnification in any third party. I film HIMIC-41111102 HMO AP46#201 and records associated therewith, shall be transferred to the City. 12. INSURANCE. Yakima County is insured by the Washington Counties Risk Pool. The City ot Yakima is a member of Cities Insurance Association of Washington ("CIAW"). For the current policy period 12/1/2016 to 12/1/2017, the City of Yakima has general liability, public officials liability and automobile liability coverage in an amount of up to $15,000,000, subject to a member deductible of +r # 4if W2s�ing't�5LQ' with Munich Reinsurance America, Inc., and Torus Specialty Insurance Company, policy no. a. At all times during provision of the Probation Services for Yakima Municipal Cous, probationers, Yakima County shall secure and maintain in effect insurance to prote the City from and against all claims, damages, losses, and expenses arising out of resulting from the negligent performance or non-performance of this Contract Yakima County officials or employees. — Yakima County shall provide and maint n s:iry force insurance in limits no less than that stated below, as applicable. The City re " the right to require higher limits should it deem it necessary in the best interest of tj public. b. Commercial General Liability Insurance. Before this Contract is fully executed by the parties, Yakima County shall provide the City with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate (per project). The policy shall include employer's liability (Washington Stop Gap). The certificate shall clearly state who the provider is, 0 7 III l��illillilill 11 c. Professional Liability Coverage. Before this Contract is fully executed by the parties, Yakima County shall provide the City with a certcate of insurance as proof of professional liabty coverage with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. The insurance shall be with an insurance company or companies rated A-Vil or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the 13. 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 asto the subject matter hereof. There are no terms, conditions, or agreements with m -4,in. of t!,As A-g-mtmen) etit a a -h it m -k) * r 4 vi i &i. a n4 n,# an-t&rdi m e ri t + r oi * �i &-- at shall be effective unless reduce to writing and executed by the parties. 14, SEPARATE LEGAL OR ADMINISTRATIVE AGENCY. No separate legal or administrative agency is created by this Agreement. acou(turrowlITFrem 41, Is anT 1�711117T, TerriFor XTOT 76 to be illegal, or invalid in whole or in part, the validity of the remaining provisions sh I not be affected, and the parties' rights and obligations shall be construed and elnforc if the Agreement did not contain the provision held to be invalid, as I I I 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 0 WWI ca Flarlcl UI1 breach by either party or prevent either party from thereafter enforcing any such provision. 8 llll�111 111 Jill 111 111 1, 111 111 TO CITY/MUNICIPAL COURT: Kelley OI ell, Presiding Judge City of Yakima Municipal Court 200 South Third Street Yakima, Wa. 98901 TO COUNTY/DISTRICT COURT: Donald Engel, Presiding Judge Yakima County District Court 128 N. 2nd Street Room 225 Yakima, Wa. 98901 17. 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. WWI as arm r -Mm 1" Arglill a 19. BINDING AUTHORITY. As presiding judges of the heretofore mentioned courts, the parties signing hereto have the power and authority to execute this agreement for consolidation of probation services and to bind the City of Yakima Municipal Court and the Yakima County District Court in performance thereof. By: Cliff Moore, City Manager W= By: N 0 YAKIMA COUNTY By: /124 60nal b'W . Engel, Presiding Judge Date'. Approved as to Form: blqA& wowajid Deputy Prosecutmr4 ey, WSBA # Date: