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HomeMy WebLinkAboutR-1997-149 District Court Collections AgreementRESOLUTION NO. R-97- 149 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a Yakima County District Court Collections Agreement with Yakima County for the purpose of obtaining collection services during 1997. WHEREAS, as of December 31, 1996, a number of City misdemeanor and traffic infraction cases remained with the collections unit of the Yakima County District Court for special collection services; and WHEREAS, the collections unit of the Yakima County District Court has provided such special collection services during 1997; and WHEREAS, representatives of the City and Yakima County have been engaged in negotiations regarding compensation to the County for such special collection services; and WHEREAS, the County has provided and is willing to continue providing the City with such special collections services to the City for 1997 for total compensation of $50,000 in accordance with the terms and conditions of the District Court Collections Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to contract with Yakima County for collection services in accordance with the terms and conditions of the attached Agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated Yakima County District Court Collections Agreement with Yakima County for the . purpose of obtaining collection services during 1997. ADOPTED BY THE CITY COUNCIL this 18th day of November 1997. ATTEST: Ac ing ity Clerk ohn Puccinelli, Mayor Pro Tem YAKIMA COUNTY DISTRICT COURT COLLECTIONS AGREEMENT THIS AGREEMENT is entered into by and between the CITY OF YAKIMA, a municipal corporation of the State of Washington (hereinafter "City") and YAKIMA COUNTY, a political subdivision of the State of Washington. WITNESSETH: IN CONSIDERATION of the mutual promises contained herein, the parties hereto mutually agree as follows: 1. Purpose. It is the intent of the parties that City cases in the collections unit of the Yakima County District Court (hereinafter "the Court") on December 31, 1996, remain in the collections unit of said court for special collection effort. The Court shall forward those files and forfeitures collected to the City Director of Finance and Budget on a monthly basis. 2. Compensation. The City shall pay to Yakima County fifty thousand dollars ($50,000.00) per calendar year as total compensation for services rendered pursuant to this contract payable within thirty (30) days of signing this Agreement. 3. Duration. This Agreement shall be deemed effective January 1, 1997 and shall terminate December 31, 1997, unless otherwise extended by mutual consent of the parties. 4. Modification. This Agreement contains all terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind the parties. Modification of this Agreement may be accomplished only by written agreement properly executed by both parties. 5. Remedies. In the event either party fails to comply with the terms and conditions of this Agreement, either party may pursue such remedies as are legally and equitably available, including, but not limited to, the immediate termination of this Agreement. Prior to termination for cause, notice shall be given to the defaulting party in writing which shall state the reasons for termination and allow thirty (30) days to cure such default. 6. Employees. All employees of the Court's collection unit and the District Court Administrator are Yakima County employees over whom the City has no authority or right of directing work or activity and for whom Yakima County is solely responsible for payment of all compensation. 7. Applicable Law. This Agreement has been made within the State of Washington and shall be governed by the laws of the State of Washington, both as to interpretation and performance. Page 1 of 3 8. Non -Waiver. The failure of one party to this Agreement to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right of said party under this Agreement. 9. Severability. If any portion of the Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 10. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties at their addresses as follows: To City: To County: John Hanson Director of Finance 129 North Second Street Yakima, WA 98901 Prosecuting Attorney Yakima County District Court 128 North Second Street 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. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. 11. Approval and Filing. 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 Yakima County Commissioners below shall constitute a presumption that such approval was properly obtained. A copy of this Agreement shall be filed with the Yakima County Auditor's Office pursuant to RCW 39.34.040. Page 2 of 3 lk/agr/dlstrlctctflung 2/Jw IN WITNESS WHEREOF, the parties hereto have executed this Agreement to become effective on the day d year first above mentioned. h Dated this / 5 'day of- ©taber, 1997. CITY OF YAKIMA By R.A. Zais, Jr., City Manager William H. Flower - Chair B3r7P) Bettie Ingham - By& ames s Member 1,2 ,'+ttltttturn1gi7i Attest this --ro day of Ato ve mb.4 Attest this / 6 ber day of/i(ovent b.5, ... ..ks ','. 1997. 1997. E '; e PC AST J City C Contra Resolutio Sylvia Hinojosa Clerk of the Boar Page 3 of 3 lk/agr/dlstrictctflling 2/Jw Prosec 't g Attorney it /s" , 1997. .. rr ta a.: INVA 3° � � 1 + ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / 3 For Meeting Of 11/18/97 Resolution authorizing the City Manager and the City Clerk to execute a Yakima County District Court Collections Agreement. Jeff West, City Prosecutor John Hanson, Finance Director CONTACT PERSON/TELEPHONE: Jeff West, City Prosecutor (575-6030) John Hanson, Finance Director (575-6053) SUMMARY EXPLANATION: For many years the City of Yakima filed most of its criminal misdemeanor and traffic infraction cases with the Yakima County District Court for adjudication and sentencing purposes. In late 1996, the City established its own municipal court to handle almost all of the City's misdemeanor and traffic infraction cases. However, a number of older and few new cases remain with the collections unit of the Yakima County District Court whereby monies for fines are collected from offenders and remitted to the City. Representatives of the City and Yakima County have been engaged in negotiations regarding compensation to the County for these collection services. The County has provided and is willing to continue providing these collection services to the City for 1997 for total compensation of $50,000 and in accordance with the terms and conditions of the attached Agreement. Attached hereto for consideration and approval of the City Council is a resolution and the Yakima County District Court Collections Agreement. Resolution X Ordinance Contract X Other (Specify) Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution authorizing execution of Yakima County District Court Collections Agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-97-149