HomeMy WebLinkAboutR-2005-010 Yakima County District Court AgreementRESOLUTION NO. R 2005 -10
A RESOLUTION authorizing the Presiding Judge of the Yakima Municipal Court to
execute an agreement with Yakima County District Court for the
provision of temporary probation supervision and consulting services.
WHEREAS, the City of Yakima Municipal Court requires assistance with probation
supervision and desires consulting services aimed at reducing costs and improving
effectiveness in the City of Yakima Municipal Court Probation Division; and
WHEREAS, the Yakima County District Court is willing to provide probation
supervision and consulting services on a temporary basis in accordance with the terms and
conditions of the attached agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima
to enter into the attached agreement with the Yakima County District Court, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Presiding Judge of the Yakima Municipal Court is hereby authorized to execute
the attached and incorporated "Probation Services Agreement" with Yakima County District
Court for the provision of temporary probation supervision and consulting services.
ADOPTED BY THE CITY COUNCIL this 18th day of January, 2005.
City Clerk
PROBATION SERVICES AGREEMENT
THIS PROBATION SERVICES AGREEMENT (hereinafter "Agreement") is entered into by and
between the City of Yakima Municipal Court ("Municipal Court") and the Yakima County Distnct 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 provide probation services to their
respective jurisdictions; and
WHEREAS, the Municipal Court and the District Court desire to explore the possibility of
consolidating probation services to reduce costs and increase effectiveness of probation supervision in
their respective jurisdictions;
NOW, THFREFORE, 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 define the scope of services contracted by the
Municipal Court from the District Court, set forth the compensation to be paid by the Municipal Court for
such services, and enumerate other related provisions that contribute to the mutual benefit of the parties to
this Agreement.
2. DURATION. This Agreement shall be effective January 18, 2005, and shall expire on April 18,
2005, unless terminated earlier by either party in accordance with Section 16 of this Agreement. This
Agreement may be extended once for up to an additional 6 months by written agreement executed by the
Presiding Judge of the Municipal Court and the Presiding Judge of the Distnct Court prior to expiration.
3. PROBATION SUPERVISION AND CONSULTING SERVICES. The District Court shall
assign the Yakima County Probation Manager to provide day-to-day supervision of probation issues
within the City of Yakima Probation Division and to act as a consultant to the Presiding Judge of the
Municipal Court regarding probation matters. The Yakima County Probation Manager shall not have the
authority to hire, fire, discipline, or terminate City of Yakima Probation Division employees or to institute
new City Probation Division policies or practices without prior approval from the Presiding Judge of the
Municipal Court. Prior to the expiration or termination of this Agreement, the Yakima County Probation
Manager shall also provide written recommendations to the Presiding Judge of the Municipal Court
regarding suggested improvements and methods of consolidating Municipal Court and District Court
probation services in order to reduce costs and increase effectiveness.
4. CONTRACTUAL PAYMENT. In exchange for and in consideration of the probation
supervision and consulting services to be performed by the District Court, the Municipal Court agrees to
pay the District Court Five Hundred Dollars ($500.00) per month during the term of this Agreement. The
District Court shall present an invoice to the Municipal Court at the end of each month of services. The
Municipal Court shall pay the District Court within thirty (30) calendar days of receipt of the invoice.
5. FUNDING. All payments made to the Municipal Court for probation services provided by the
Municipal Court Probation Division during the term of this Agreement shall be the property of the
Municipal Court. All payments made to the District Court for probation services provided by the District
Court Probation Division during the term of this Agreement shall be the property of the District Court.
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6. PROPERTY. All programs, files, and documents used, possessed, or evaluated by the Yakima
County Probation Manager during the term of this Agreement shall remain the property of the Municipal
Court.
7. CONFIDENTIALITY. The District Court agrees that any information received by the Yakima
County Probation Manager or the District Court during the course of this Agreement that concern
confidential matters prohibited from public disclosure shall be kept in full confidence and shall not be
revealed to any other person, firm, organization, or entity, except as required by law, without prior wntten
authorization by the City. In addition, the District Court and its employees, including the Yakima County
Probation Manager, shall use professional discretion regarding the disclosure of any other sensitive or
confidential information received during the course of this Agreement.
8. STATUS OF THE YAKIMA COUNTY PROBATION MANAGER. The District Court and the
Municipal Court understand and expressly agree that the District Court and its employees, including the
Yakima County Probation Manager, are not City of Yakima or Municipal Court employees and shall
make no claim of City or Municipal Court employment nor shall claim against the City of Yakima or the
Municipal Court any employment benefits, social secunty, and/or retirement benefits. The District Court
shall be solely responsible for compensating its employees, including the Yakima County Probation
Manager, and for paying all related taxes, deductions, and assessments, including but not limited to,
federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and
other deductions from income which may be required by law or assessed against either party as a result of
this Agreement.
9. 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 (ARLJ) I1 regarding
Misdemeanant Probation Depai tnients.
10. LIABILITY.
a. To the maximum extent permitted by law, the District Court shall indemnify, hold harmless
and defend the Municipal Court and the City of Yakima from claims and litigation brought by
employees or former employees of the District Court and, by mutual negotiation, the District
Court hereby waives, as respects the City only, any immunity that would otherwise be
available to the District Court against such claims or litigation under the worker's
compensation provisions of Title 51 RCW.
b The District Court agrees to protect, defend, indemnify, and hold harmless the Municipal
Court and the City of Yakima, their officers, elected officials, agents, and employees from
any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other
proceedings and all judgments, awards, costs and expenses (including attorneys' fees and
disbursements) caused by or occurring by reason of any act and/or omission of the District
Court, its directors, officials, officers, employees, agents, and/or volunteers arising out of or
in connection with the activities of the District Court under and pursuant to this Agreement
c Except as otherwise provided herein, in the event that the officials, officers, agents, and/or
employees of both the District Court and the Municipal Court are negligent, each party shall
be liable for its contributory share of negligence for any resulting suits, actions, claims,
liability, damages, judgments, costs and expenses (including attorneys' fees).
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d. Notwithstanding any provision to the contrary, the terms of this section shall survive any
expiration or termination of this Agreement.
11. NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of the District
Court and the Municipal Court and does not create any rights in third parties.
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 such former agreements which are hereby declared terminated and of no further force and
effect upon the execution and delivery 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 reduced to writing and executed 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' nghts and obligations shall be construed and enforced 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 District Court or the Municipal Court 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 TERMINATION. Either party may terminate this Agreement, with or without cause, by giving
the other party thirty (30) days written notice of termination. In the event of termination, the Municipal
Court shall compensate the District Court for services rendered through the effective date of termination.
17. NOTICES. Unless stated otherwise herein, all notices and demands shall be in writing and sent
to the parties to their addresses as follows:
TO MUNICIPAL COURT: Susan J. Woodard, Presiding Judge
City of Yakima Municipal Court
200 South Third Street
Yakima, WA 98901
TO DISTRICT COURT: Michael G. McCarthy, Presiding Judge
Yakima County District Court
128 North 2nd Street #225
Yakima, WA 98901
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or to such other 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.
18 SURVIVAL. Any provision of this Agreement that imposes an obligation after teal imation or
expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding
on the parties to this Agreement.____
19 GOVERNING LAW. This Agreement shall
the laws of the State of Washington.
20 FILING. A copy of this Agreement shall be
RCW 39.34 040.
CITY OF YAKIMA MUNICIPAL COURT
By: andrri
Susan J. oodar. 'residing Judge
Dated.
CITY CONTRAc
RESOLUTION
be governed by and construed in accordance with
filed with the Yakima County Auditor pursuant to
A CO
TY DISTRICT COURT
By:
Michael G. McCarthy, i;Lesidi_ng Ju
Dated:
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Agreement for Extension
Pursuant to paragraph two of the Probation Services Agreement entered into between the
Yakima County District Court and the City of Yakima Municipal Court, the Presiding Judges of
each court hereby agree to extend said agreement for a period of six months, from April 18, 2005,
to October 18, 2005.
The Presiding Judges further agree the contractual payments called for in paragraph four
of the agreement shall be made directly to Donald Belisle.
A copy of this agreement shall be filed with the Yakima County Auditor pursuant to
RCW 39.34.040.
Dated this 1 A day of April, 2005.
Susan J. Woodard
Presiding Judge
Yakima Municipal Court
Dated this ) 3 day of April, 2005.
Michael G. McCarthy
Presiding Judge
Yakima County District Court
RECEIVED
APR 2 7 2005
FINANCE DEPT.
BOARD OF YAKIMA COUNTY COMMISSIONERS
A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF YAKIMA
COUNTY APPROVING AN AGREEMENT
BETWEEN YAKIMA COUNTY DISTRICT
COURT AND THE CITY OF YAKIMA
MUNICIPAL COURT RELATING TO
PROBATION SERVICES .
RESOLUTION NO. 60-2005
WHEREAS, both Yakima County District Court and the city of Yakima
Municipal Court operate probation services to supervise post -sentence
activities of convicted individuals and; and
WHEREAS, both courts desire to operate, during a trial period, a
combined probation services under the supervision of the Director of
Yakima County Probation Services; and
WHEREAS, attached hereto is an agreement, which has been accepted
by both courts, which will facilitate a three-month study into the
joint operation of probation services; NOW, THEREFORE
BE IT HEREBY RESOLVED by the Board of Yakima County Commissioners
as follows:
SECTION 1. The agreement between Yakima County District Court and the
city of Yakima Municipal Court attached hereto is hereby approved.
SECTION 2. This resolution shall be effective upon adoption.
Done this 18th day of January, 2005
Attest: Sandra J. Acosta
Deputy Clerk Af the Board
-74
Ronald F. Gamache, Chairman
esse S. Palacios, Commissioner
Mic ael D. Leita, Commissioner
Constituting the Board of County Commissioners
for Yakima County, Washington
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: January 18, 2005
A resolution authorizing the execution of a probation services agreement between
the City of Yakima Municipal Court and Yakima County District Court for
temporary probation supervision and consulting services.
SUBMITTED BY: Susan Woodard, Presiding Judge
CONTACT PERSON/TELEPHONE: Susan Woodard, Presiding Judge 575-3050
Linda Morris, Court Services Manager 575-3050
SUMMARY EXPLANATION:
The City of Yakima Municipal Court is exploring opportunities to consolidate probation services with
Yakima County District Court in an effort to reduce costs and increase the effectiveness of both
programs. The attached contract provides for temporary supervision of the City's Probation Division by
the Yakima County Probation Manager and requires the Yakima County Probation Manager to develop
written recommendations as to how services may be consolidated. The agreement is for a term of three
months, although it may be extended an additional six months by the Presiding Judges of the Municipal
and District Courts. The cost of the services is $500.00 per month pursuant to the agreement.
Resolution X Ordinance Other (Specify)
Contract X Mail to (name and address): Phone:
Funding Source: Within Budget
APPROVED FOR SUBMITTAL: 1 ity Manager
STAFF RECOMMENDATION: Adopt resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2005-10