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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. Page 1 of 4 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). Page 2 of 4 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 Page 3 of 4 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: Page 4 of 4 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