HomeMy WebLinkAbout10/15/2024 07.P. Resolution ratifying probation services agreement between Yakima Municipal Court and Yakima County Probation Services (--
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.P.
For Meeting of: October 15, 2024
ITEM TITLE: Resolution ratifying probation services agreement between Yakima
Municipal Court and Yakima County Probation Services
SUBMITTED BY: Honorable Aryn Masters, Yakima Municipal Court
SUMMARY EXPLANATION:
Yakima Municipal Court began contracting with Yakima County for Probation Services in 2005 in order to
reduce costs and approve effectiveness. The City of Yakima Municipal Court refers probationers to the
County, which provides supervision services as ordered by the Court at sentencing.
The parties previously entered into a 5-year contract through December of 2025. In August of 2023,
Yakima County District Court sent notice of intent to terminate the agreement due to a need to address
increased costs in services. The attached agreement provides for continuation of cooperation and
coordination between the agencies for probation services. The term of the agreement will end at
midnight on December 31, 2029.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Resolution
2024 Interlocal Agreement for Probation Services.pdf
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RESOLUTION NO. R-2024-
A RESOLUTION ratifying City Manager's execution of the Probation Services Agreement
between the City of Yakima and Yakima County.
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 Yakima Municipal Court desires to continue contracting with Yakima
County for 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 and Municipal Court'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 City Manager's execution of the Probation Services Agreement between the City of
Yakima and Yakima County, attached hereto and incorporated herein by this reference, is hereby
ratified by the City Council.
Pursuant to RCW 39.34.040, prior to its entry into force, the Agreement shall be filed with
the County Auditor or, alternatively, listed by subject on a public agency's web site or other
electronically retrievable public source.
ADOPTED BY THE CITY COUNCIL this 15th day of October, 2024.
Patricia Byers, Mayor
ATTEST:
Rosalinda Ibarra, City Clerk
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Yakima County District Court
Probation Services Interlocal Agreement
City of Yakima
THIS PROBATION SERVICES INTERLOCAL AGREEMENT ("Agreement") is entered into by
and between the City of Yakirna (".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 purpose of this Agreement into set forth 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
WHEREAS, This Agreement.is established pursuant to RCW 39.34.180(6). Additionally,
ARU 11 provides that th.e ",... Method of; providing these, services (referring to probation
supervision) shall be established;by the presiding judge for the local.co.urt to meet the specific
needs of the.court." Each court shall continue to have exclusive original jurisdiction of all criminal
law violations committed within the jurisdiction of that court. as authorized by statute or
ordinance.
WHEREAS the Municipal Court and the District Court consolidated,Probation Services to'
reduce costs and increase the effectiveness of probation supervision in their' respective
jur-isd.ictians.:.iri72005;-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. DURATION; This'AgreementShall be effective from January 1,2025, and shall remain in
effectuntil midnight on December.31, 2029. This Agreement shall automatically renew
annuallyd fie s"tfre-initialforarr--yearternrexPiring rrrDerambi 1, 2029,si l5jett"to' lie
TERMINATION clause herein.
2. COMPENSATION: No later'than September 1 of each year the County shall provide the
City with the anticipated cost for supervision services for the upcoming year:The County
will bill the.City quarterly. The.determination of cost to the:City will consist of a
caseload calculation, expense calculation and revenue calculation:.
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A. Caseload Calculation:
The caseload calculation consists of the 4-year daily average number of cases referred
to the County for supervision divided into the total number of cases supervised by
Probation Services over those four years to obtain a caseload percentage.
Case count adjustments will be made for those probationers supervised by the
Behavioral Health Supervision Unit (BHSU)which is fully funded by the Mental Health
Sales Tax. Probationers who are court ordered by the City to be supervised by
Probation Services, and who are screened by the County and determined to be
appropriate for BHSU will not be included in the daily average cases. Additionally,
should Probation Services build out additional programs that are fully funded by other
sources, the cases assigned to these programs would not be included in the daily
average cases.
For the 2025 budget and all future cost determinations,the caseload calculation is as
follows:
For 2024 the daily average case count is projected through the end of year using
data through July of 2024. For the 2026 budget calculation which would be
prepared In September of 2025, we would "true up" the 2024 daily average case
count with the actual daily average case count. Based on four years of daily case
count data, the total daily case count for active cases is 3396. The total
department daily case count for the same four years is 7295. The City's caseload
represents 46.90%of the department caseload (3421/7295).
2025
Daily Average Cases-Active 7295
2021 Daily Average Cases 768
2022 Daily Average Cases 828
2023 Daily Average Cases 922
2024 Davy Average Cases(ProjecUon based
on cases thru August) _ 903
Total Average -yr 3421
%ofTota'verage Cases 45.90%
B. Expense Calculation:
Each year the County develops an expense budget for Probation Services that is
reflective of all operating costs.To calculate the City's portion of the expense budget,
we use the total projected operating expense for the incoming year, multiplied by the
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caseload calculation percentage. For 2025 the projected expense budget is detailed
below and totals$1,685,242.00.
If there are dedicated grants or other revenue sources that are received by Probation
Services, those would be deducted proportionately from the total expense budget.
For 2025, we expect to receive $52,061 in revenue from Mental Health Sales Tax
money that supports a Probation Officer participating on the Mental Health Court
team. And we expect to receive $10,000 in Alcohol Excise Tax funds to offset the
costs related to drug screens.The total expense budget would be reduced by$62,061
and an adjusted expense budget of$1,623,242.00. I would note that none of the
expenses related to the BHSU is included in the expense budget.
Expenditures
202E
Actual
Spend Category Diaclipt$on Expenses
1001 Salaries&Wages 1,321,921.00
1002 Salaries-Overtime 3,500.00
2002 Benefits
Tep1!Sslwy and Benefits t, ,421
3106 Operating Supplies _ 500 00
3101 Office Supplies 10 000
3104 _ Pnnt Items 2 500
3135 Water for Customers 1 500
3501 Big Electronrca Equipment&Office Phones 1 500
3590 Small&Attractive 2 000
3107 Training Supplies 2 000
Toia Supplies
4111 Interpreter Services 500
4101 Contracts Consulted 1000
4118 _ Audit Costs 1 000
4125 Indirect Costs Internal 21,346
4182 _ Drug Screening 10 000
4184 _Messenger Seneca 750
4191 Purchasing Services Internal 1,051
4192 _ _Technology Services Internal 137,851
4199 _ Dept of Secunty Internal _ 42,998
4202 Postage 2 500
4301 Travel Employee 2 500
4401 Advertising Newspapers 500
4504 Interfund Facility 58,433
4690 Insurance-Interfund 25.453
4911 _ Training Tution - 15 000
4902 Dues 1 500
4110 Software Agreements 15 000
4890 Repair and Maintenance 5 000
OTHER SERVICES&CHARGES 3443112
101 Probation Expenditures 1.605.303
Less Grant Funds:
BOCC-Alcohol Excise Tax Drug Screent (10 000)
Mental Health Court-Mental Health Sales Tax (52.0611
1,623,242.00
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C. Revenue Calculation:
Like the 4-year daily average case calculation, we use a 4-year average of revenue to
set an expected amount for the year in which we are budgeting. The 2024 amount is
a projection that we would "true up" for the projected 2026 budget. For 2025, we
anticipate receiving$463,396.45 in revenue from City probationers.
Revenue Collection:
2021 $466,009.33
2022 $447,101.63
2023 $472,460.57
2024(Projection based on rev thru
August) $468,014.27
4 Year Average Revenue Collection $463,396.45
The final step in the budget calculation is to subtract the revenue calculation from
the expense calculation.
2025
Daily Average Cases-Active 7295
2021 Daily Average Cases 768
2022 Daily Average Cases 828
2023 Daily Average Cases 922
2024 Daily Average Cases(Pro}ealun based
on yes thru August) 903
Total Average 3421
%of Total Average Cases 46.90%
2025 Budget $1,623,242.00
City of Yakima $761,221.51
Revenue Collection:
2021 $466,009.33
2022 $447,101.63
2023 $472,460.57
2024(Projection based on rev thru
August) $463,014.27
4 Year Average Revenue Coll $463,396.45
2025 Total Cost to the City of
Yakima $297,825.06
For 2025,the cost to the City for supervision services is$297,825.06.
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lithe projected average revenue based on the4-year average formula exceeds expense;there
will be no billing for the year in which we are.budgeting. At the end of the year. the County
will conduct a reconciliation of the actual revenue collected and the actual daily average case
count. From the reconciliation if it is'deterrined that there is a deficit owed to the County
because the revenue did not meet expense, the County will bill the City for the' amount
owed. If it is determined that the revenue exceeded expenses,then the County will apply the
credit to the next budget year.
2. REVIEW: If the City determines during the time of this Agreement that they will no longer
assess:probation fees,the parties agree that the projected cost related tbsupervision services
can be reviewed mid-agreement.
3. ADMINISTRATION: The County shall supervise the conditions of sentence imposed .by the
Municipal Court pursuant to the probation department's established `practices and
procedures: Nothing herein changes the authority of the City or probation department to
determine.its own.practices and to follow its own.procedures.
The C.ounty.will coordinate a quarterly meeting with the cities who contract for supervision
services to review areas of interest to the parties. (i.e caseload size, .new .iilii iatives or
procedures, current case review, best practices related to community supervision etc.).
4. SUPERVISION SERVICES: The parties agree that the most. effective way to :continue
consolidated.Probation:Services.to reduce costs and providebetter.services is for District Court
to continue providing probation supervision services to all individuals .subject to probation
sup.ervision..by..ord.er of..th.e.Mu.nicipal.Court.. ,.. .....,..._.......�,_..,,.,.. ..�...�...,, ,... ,.....,...... . .
a. The City shall continue::to refer applicable probationers to Probation Services.
However, nothing herein.shall preclude the Municipal Court from.conducting.bench
reviews in lieu of active,probation on cases it deems appropriate.
p. Th.e.Countyshall provide all necessary personnel,equipment,and facilities to perform
the supervision 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.
c. The County will supervise City .probationers consistent with the judgment and
sentence or other supervision order. This will include the collection of probation fees,
if ordered, as the law.allows.
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 or entities. No person'or entity otherthan the,parties themselves may rely upon
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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._JMPLEMENTATION. The Presiding Judge of the Municipal Court and the Presiding Judge of the.
District Court sh.all'be jointly responsible for irnplernentation 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 tarrying out the terms and conditions of this
Agreem.ent;.including Administrative.Rule for Courts of Limited Jurisdiction (ARU) 11 regarding
Misdemeanant Probation Departments.
9. LIABILITY.
a.The City agrees to hold harmless;indemnify,,and defend the County,its officers;elected
officials, employees, .and, agents from and .against any and all spits, 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 or
omission of the City, its officers, elected officials, employees,.and agents in connection
with or incidental to the p.erfo.rmance of this Agreement.
b.The County agreesto hold:harm less,indemnify,and defend the City,its"officers,,elected
officials, employees, and agentsfrom and against any and all suits, actions, claims,
liability, damages, judgments, costs and expenses (including, costs and reasonable
attorney's fees)which:resultfrom 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 perfo.rmance.ofthis Agreement:
.._._. ___ ..,.___ ...._..,c irr th eeVent":tha troth the-CCourrty rrd-(hens- aremegtige rrtirnT at er~a ri rsg'out�f .��T� _-_
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 a
liability or a right of indemnification in any third party.
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e..Notwithstanding any provision to the Agreement,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 ofthe intent to terminate.to the other party: At the termination of
the Agreement, all pending probation cases, together.with all relevant and necessary 'case
files and records.associated therewith, shall be transferred to the:City.
11. INSURANCE.The County is insured by the Washington Counties Risk'Pool. The City is insured
by Safety National,Arch, and Princeton Excess..and Surplus Lines insurance companies.
a. .At all times during provision of the supervision services.by Probation Services for
Municipal Court probationers, Yakima County shall secure and maintain in effect
.insurance, to. protect the City from and against all claims, damages; 'losses, and
expenses arising out of or resulting from the negligent performance or non-
performance of this Agreement by Yakima County officials or. employees. Yakima
County shall provide and.maintain'in force,insurance in limits no less'than that stated
below,as applicable. The City reserves the right to require higher limits.shouid it deem
it necessary in the best interest of the.public.
b. 'Commercial General Liability Insurance, Before this Agreement is fully 'executed by
the parties,the.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
. ..... .. . . coml ir�ed. single limit bodily:...injury•-and•-property�.darnage,...and-Two-Million Dollars
($2,000,Q0Q.0.0) general' aggregate (per'project). The. policy shall include employer's
liability(Washington Stop Gap). The certificate shall clearly state who the provider is;
the coverage:amount;.the policy number,and When the policy and provisions provided
are in effect. Said policy shall be in .effect for the.duration of this Agreement.
'c:.Professional Liability Coverage. Before this,Agreement.is fully executed by the parties,
the County shall provide the'Citywith a:certificateof"insurance as proof of professional
liability' coverage with a total, minimum liability limit of Two Million :Dollars
........_...�.__._....__.........._.-.--:($:� Dfl0,00Q-dOj..per-�€air-��Eombil�ed-�i�le•-lam€tµbodiJjF--ir��ury��nd-rpr�perty
and Two M.ill€an.Dollars ($2,000,000.00) aggregate. The certificate shall clearly state
who the provider is;the coverage amount,the policy number,and When the po.licy.and
provisions provided are in effect. The Insurance shall be with :art insurance company
or companies.rated A=VII 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
completion of this Agreement.
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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 re,duce.to writing and.executed by
the parties.
13. SEPARATE LEGAL OR ADMINISTRATIVE AGENCY: No separate legal or administrative agency
is created bythis.Agreement.
14. SEVERABILITY.
'a. If'a court of competent'jurisdiction holds'any part,term or provision ofthis 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:enforced
as if the Agreement did not contain the 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.b.reach by either party or prevent either partyfrorn 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/MUNI.CIPAL000RT: Aryn Masters; P.residingJudge
City of Yakima Municipal Court
200 South Third Street
Yakima Wa. 98901
TO COUNTY/DISTRICT COURT: Alfred G. Schweppe, Presiding Judge
Yakima County District Court
128 N. 20 Street Room.225
Yakima, Wa. 98901
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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 to 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.
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.
CITY OF YAKIMA YAKIMA COUNTY
By: By:
J , 1 .
Vicki Baker, City Manager Alfred G. Schweppe, Presiding Jud
Date: Date: fz&/zivt
t
By: Approved as to Form:
Aryn Masters, Presiding Judge ,f
Date: �0 712 _ WaYllt 1'V` 6141a
Deputy Prose i VorneY,
WSBA#, (
Date: C fig ,, 1
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