HomeMy WebLinkAboutR-2010-150 Probation Services Agreement Between the Municipal Court and the District CourtRESOLUTION NO R-2010-150
A RESOLUTION authorizing the Presiding Judge of the Yakima Municipal Court to execute
an agreement with the Yakima County District Court for probation
services
WHEREAS, the City and County of Yakima consolidated probation services in 2005 in
order to reduce costs and increase efficiency; and
WHEREAS, the City and County of Yakima desire to continue consolidated probation
services to maintain the cost savings and efficiencies realized since 2005, and,
WHEREAS, the 2005 agreement will expire on December 31, 2010; and,
WHEREAS, the City Council finds that it is in the best interest of the City to execute the
attached Probation Services Agreement; 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 Probation Services Agreement with the County of Yakima District Court for
probation services through December 31, 2013
ADOPTED BY THE CITY COUNCIL this 14th day of December, 2010
ivlaii:a c
Micah Cawley,Mayor
ATTEST
R-2010 �sv
PROBATION SERVICES AGREEMENT
THIS PROBATION SERVICES AGREEMENT ("Agreement") is entered into by
and between the City of Yakima ("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 Municipal Court and the District Court consolidated probation
services to reduce costs and increase the effectiveness of probation supervision in their
respective jurisdictions in 2005; and
WHEREAS, the existing agreement expires December 31, 2010; 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. PURPOSE. The purpose of this Agreement is to 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.
2. DURATION. This Agreement shall be effective upon execution by the parties
and shall remain in effect until midnight on December 31, 2013, unless terminated
earlier by either party in accordance with Section 9 of this Agreement.
3. PROBATION SERVICES. The parties agree that the most effective way to
continue consolidated probation services in order to reduce costs and provide better
services is for the District Court Probation Department to continue providing probation
services to any and all individuals subject to probation services by order of the
Municipal Court ("City Probationers").
a. The City shall continue to refer applicable probationers to the Probation
Department.
b. The County shall provide all necessary personnel, equipment and facilities
to perform the foregoing 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.
4. 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. No person or entity other than the parties themselves
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may rely upon orenforce any provision of this Agreement. The decision to assert or
waive any provision of this Agreement is solely that of each party.
5. IMPLEMENTATION. The Presiding Judge of the Municipal Court and the
Presiding Judge of the District Court shall be jointly responsible for implementation and
proper administration of this Agreement.
6. INDEPENDENT CONTRACTOR. The District Court and the County understand
and expressly agree that t 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.
7. 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) 11 regarding Misdemeanant Probation Departments.
8. LIABILITY.
a. To the maximum extent permitted by law, the County shall indemnify, hold
harmless and defend the Municipal Court, the City of Yakima, and their
employees, officers, elected officials, and agents from claims and litigation
brought by employees or former employees of the County and, by mutual
negotiation, the County hereby waives, as respects the City and its agents
only, any immunity that would otherwise be available to the County against
such claims or litigation under the worker's compensation provisions of Title
51 RCW.
b. The County agrees to protect, defend, indemnify, and hold harmless the
Municipal Court and the City, 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) arising out
of or in connection with the activities of the County, its officials, judges,
officers, employees, agents and/or volunteers under and pursuant to this
Agreement, including monitoring City Probationers.
c. In the event that both the County and .the City are negligent in a matter arising
out of the activities of the parties pursuant to this Agreement, 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).
d. Notwithstanding any provision to the contrary, the terms of this section shall
survive any expiration or termination of this Agreement.
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9. TERMINATION. Termination of this Agreement by either party _ may be
accomplished upon one' year's notice to the other party stating the grounds for said
termination and specifying plans for accommodating any affected probationers. Notice
of termination must comply with any applicable laws, including RCW 3.50.180.
10. INSURANCE. On or before the effective date of this Agreement, the County
shall continue .existing insurance, or, if insurance has lapsed or expired, obtain
insurance or be self-insured for Commercial Liability, . Automobile Liability, and Public
Officials Liability with a .minimum liability limit of One Million Dollars ($1,000,000.00) for
each coverage area. Said policy shall be in effect for the duration of this Agreement. If
the City is damaged by the failure of the County to maintain the above insurance or to
so notify the City, then the County shall bear all costs attributable thereto.
Providing the minimum limits of liability required above does not limit the County's
liability under this Agreement and the County shall be responsible for all claims in
excess of the liability limits required.
11. 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 reduced to
writing and executed by the parties.
12. SEPARATE LEGAL OR ADMINISTRATIVE AGENCY. No separate legal or
administrative agency is created by this Agreement.
13. 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' rights and
obligations shall be construed and enforced as if the Agreement did not
contain the particular provision held to be invalid.
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.
14. 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 breach by .either party or prevent either party thereafter
enforcing any such provision.
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15. 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/MUNICIPAL COURT: Kelley Olwell, Presiding Judge ,
City of Yakima Municipal Court
200 South Third Street
Yakima, WA 98901
TO COUNTY/DISTRICT COURT: Kevin Roy, Presiding Judge
Yakima County District Court
128 North 2nd Street #225
Yakima, WA 98901
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.
16. 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.
17. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
CITY OF YAKIMA
By: vl
Kelley Olw II, Presiding dge
Dated: \\ \y\\\
R.A. Zais, r., City Manager
Date: / 7//
ATTEST: ATTEST:
City Clerk /QjJ
City Contract No. ?/).,e). -/z),.„,
Resolution No.
YAKIMA COUNTY
By: 'L-'- --
Kevin Roy, Presiding Judge
Dated: 1 Z - 30-/C/
Date:
Mike Leita, Co missioner
Kevin Bo hey, Commissioner
Date:
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Yakima County Commissioners
Kyf J. chey, Chairman
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Mic ael D. Leita, Commissioner
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RElliott, Commissioner
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Constituting the Board of County
Commissioners For Yakima County,
Washington
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Day -Clerk of the Board Tiera L. Girard
Clerk of the Board
BOCC46-2.011
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No A g
For Meeting on December 14, 2010
ITEM TITLE A Resolution authorizing the execution of a probation services agreement
between the City of Yakima Municipal Court and the County of Yakima District
Court for probation services
SUBMITTED BY Kelley OIweII, Presiding Judge
CONTACT PERSON/TELEPHONE Kelley Olwell, Presiding Judge, 575-3050
Jim Mitchell, Assistant City Attorney, 576-6307
SUMMARY EXPLANATION Probation services were consolidated by inter -local agreement
in 2005 to reduce costs and increase efficiency The City refers to probationers to the County,
which provides assessment, supervision and other required services The agreement provides
for the continuation of the cooperation and coordination between the agencies for an additional
three years, up to December 31, 2013
Resolution X Ordinance Other (Specify)
Contract X Mail to (name and address)
Phone
Funding Source
APPROVED FOR SUBMITTAL City Manager
STAFF RECOMMENDATION Adopt the resolution
BOARD/COMMISSION RECOMMENDATION
COUNCIL ACTION