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HomeMy WebLinkAbout10/15/2024 07.P. Resolution ratifying probation services agreement between Yakima Municipal Court and Yakima County Probation Services (-- 14ifill''',, '111 s . 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 221 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 1 222 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:. 1 223 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 2 224 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 3 225 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. 4 226 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 5 227 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. 6' 228 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. 7 229 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 8 230 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 9 231