Loading...
HomeMy WebLinkAboutR-2015-093 Probation Services Agreement with Yakima County District Court RESOLUTION NO. R- 2015 -093 A RESOLUTION ratifying and 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 ratify and 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 ratified and approved. ADOPTED BY THE CITY COUNCIL this 7th day of July, 2015. ) ATTEST: (^ � Micah Caw y, Mayor i •L 1 I r1, Z:b l � y ;tr / �/ onya CI. %, Tee, • City Clerk , : • 1 s 1 ,�. X11 • Probation Services Agreement 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 RCW 39.34, the Interlocal Cooperation Act. WHEREAS, the Municipal Court and the District Court consolidated probation services to reduce costs and increase the effectiveness of probation supervision in their respective jurisdictions in 2005; and WHEREAS, the existing Agreement expired on December 31, 2013; and 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 for the terms and conditions upon which the parties agree to continue probation services and to enumerate other related provisions that contribute to their mutual benefit. 2. DURATION: This Agreement shall be effective upon execution by the parties and shall remain in effect until midnight on December 31, 2015, unless terminated earlier by either party in accordance with Section 10 of this Agreement. 3. RENEWAL: During the period of this Agreement, the County will undergo an examination of Probation Services financial ability to continue to provide the services described herein. If it is determined that the County is no longer able to financially sustain supervision of City probationers, the County shall notify the City prior to December 31, 2015 of its intent to terminate this Agreement consistent with Section 10 of this Agreement. 4. PROBATION SERVICES: The parties agree that the most effective way to continue consolidated probation services to reduce costs and provide better services is for the District Court Probation Department to continue providing probation services to any and all individuals subject to probation services by order of the Municipal Court ( "City Probationers "). a. The City shall continue to refer applicable probationers to the Probation Department. 1 b. The County shall provide all necessary personnel, equipment and facilities to perform the foregoing services in the manner required by law and court rule. The County shall provide the City with notice of any changes that may impact the staffing and service levels applicable to City Probationers. 5. 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. 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. 6. IMPLEMENTATION. The Presiding Judge of the Municipal Court and the Presiding Judge of the District Court shall be jointly responsible for implementation and proper administration of this Agreement. 7. 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. 8. COMPLIANCE WITH LAW. All parties to this Agreement shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this Agreement, including Administrative Rule for Courts of Limited Jurisdiction (ARU) 11 regarding Misdemeanant Probation Departments. 9. LIABILITY. a. To the maximum extent permitted by law, the County shall indemnify, hold harmless and defend the Municipal Court, the City of Yakima and their employees, officers, elected officials, and agents from claims and litigation brought by employees or former employees of the County and, by mutual negotiation, the County hereby waives as respects the City and its agents only, any immunity that would otherwise be available to the County against such claims or litigation under the worker's compensation provisions of Title 51 RCW. b. The City agrees to hold harmless, indemnify, and defend the County, its officers, elected officials, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including costs and reasonable attorney's fees) which result from or arise out of any intentional or 2 negligent act or omission of the City, its officers, elected officials, employees, and agents in connection with or incidental to the performance of this Agreement. c. The County agrees to hold harmless, indemnify, and defend the City, its officers, elected officials, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including costs and reasonable attorney's fees) which result from or arise out of any intentional or negligent act and /or omission of the County, its officers, elected officials, employees, and agents in connection with or incidental to the performance of this Agreement. d. 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. e. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, RCW Title 51, with respect to the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. f. Nothing contained in this section of this Agreement shall be construed to create a liability or a right of indemnification in any third party. g. Notwithstanding any provision to the contract, the terms of this section shall survive any expiration or termination of this Agreement. 10. TERMINATION. Termination of this Agreement by either party may be accomplished upon one year's written notice to the other party stating the grounds for said termination and specifying plans for accommodating any affected probationers. 11. INSURANCE. On or before the effective date of this Agreement, the County shall continue existing insurance, or if insurance has lapsed or expired, obtain insurance or be self - insured for commercial liability, automobile liability and public official's liability with a minimum liability limit of One Million Dollars ($1,000,000.00) for each coverage area. Said policy shall be in effect for the duration of this Agreement. If the City is damaged by the failure of the County to maintain the above insurance or to so notify the City, then the County shall bear all costs attributable thereto. 3 12. 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 as to the subject matter hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduce to writing and execute by the parties. 13. SEPARATE LEGAL OR ADMINISTRATIVE AGENCY. No separate legal or administrative agency is created by this Agreement. 14. SEVERABILITY. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement 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 enforces as if the Agreement did not contain the particular provision held to be invalid. 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 to conform to such statutory provision. 15. NON - WAIVER. The waiver by the County or the City of the breach of any provision of this Agreement 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. 16. NOTICES. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties to their addresses as follows: TO CITY /MUNICIPAL COURT: Kelley Olwell, Presiding Judge (through 12/31/2014) Susan Woodard, Presiding Judge (eff. 1/1/2015) City of Yakima Municipal Court 200 South Third Street Yakima, Wa. 98901 TO COUNTY /DISTRICT COURT: Don Engel, Presiding Judge (through 12/31/2014) Kevin Roy, Presiding Judge (eff. 1/1/2015) Yakima County District Court 4 128 N. 2 Street Room 225 Yakima, Wa. 98901 or to such addresses as the parties may hereafter designate in writing. Notices and /or demands 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 above. 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. 18. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. CITY OF YAKIMA YAKIMA COUNTY By: `_Q _ t 1 Q Q QQ Q-Q 9 By: \ 74. \\ , Presiding Judge rfo / ( �„� { t , Presiding Judge Date: \ A, � \ \ `, Date: - Approved as to Form: r Deputy Prosecuting Attorney, WSBA # 3 S I i) I Date: 1 - loll - RESOLUTION NO: , i- '/ - 093 5 J BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.K. For Meeting of: July 7, 2015 ITEM TITLE: Resolution ratifying and approving an agreement between the City of Yakima Municipal Court and the Yakima County District Court for provision for probation services SUBMITTED BY: Susan Woodard, 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 for probation services has been signed by the Judges. 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, 2015. Resolution: X Ordinance: Other (Specify): Contract: X Contract Term: Start Date: 12/08/2014 End Date: 12/31/2015 Item Budgeted: Yes Amount: Funding Source/Fiscal Impact: N/A Strategic Priority: Public Safety Insurance Required? Yes Mail to: Phone: APPROVED FOR SUBMITTAL: CCC���� --- City Manager RECOMMENDATION: The City Council Public Safety Committee recommends that the City Council adopt the Resolution ratifying and approving the Probation Services Agreement. ATTACHMENTS: Description Upload Date Type ❑ Resolution for Probation Services Agreement 6/18/2015 Resolution ❑ Probation Services Agreement 6/18/2015 Contract