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12/07/2021 04.G. Resolution ratifying City Manager's execution of the Probation Services Agreement between the City of Yakima and Yakima County. 1 1-411111&1',\ cut • rr 11 i ',i enc u nrry 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.G. For Meeting of: December 7, 2021 ITEM TITLE: Resolution ratifying City Manager's execution of the Probation Services Agreement between the City of Yakima and Yakima County. SUBMITTED BY: Honorable Kelley Olwell, Presiding Judge Linda Hagert, Municipal Court Clerk Sara Watkins, City Attorney SUMMARY EXPLANATION: Probation services were consolidated by an interlocal agreement in 2005 to reduce costs and increase efficiency. The City of Yakima Municipal Court refers probationers to the County, which provides assessment, supervision, and other required services. The Agreement provides for continuation of the cooperation and coordination between the agencies for probation services. The term of the Agreement will end at midnight on December 31, 2025. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt resolution. ATTACHMENTS: Description Upload Date Type D rcesolution-vrobation Services Agreement 11/17/2021 Resolution 0 Probation Services Agreement 11/17/2021 Contract 2 RESOLUTION NO. R-2021- 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 City and County of Yakima desire to continue the 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 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 7'h day of December, 2021. Patricia Byers, Mayor ATTEST: Sonya Clear Tee, City Clerk 3 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 City and the County desire to continue the existing arrangement whereby the County provides probation supervision services for cases/individuals referred to Probation Services by the Yakima Municipal Court; 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 from January 1, 2022, and shall remain in effect until midnight on December 31, 2025, unless terminated earlier by either party in accordance with Section 11 of this Agreement. 3. COMPENSATION: a. Cost Per Case: The City agrees to pay the County a flat fee of$70.00 per case for which probation supervision has been ordered for the duration of this Agreement subject to paragraph three of this Agreement. For 2022, the cost to the City for supervision services is $72030. The calculation of that amount is detailed below and further explained in paragraphs 3(b) and 3(c). Year Average Average Total 4 Flat Annual Quarterly Active BW year Fee Cost Cost Caseload Caseload Average Cost Caseload Per Case 2022 774 255 1029 $70 $72030 $18007.50 b. Calculation and Timing: The County will project the total number of active and bench warrant cases that we expect to supervise for the upcoming year by the first of August of the preceding year for which services will be rendered. The County will provide the City with an accounting that includes the average active caseload and average bench warrant caseload for the upcoming year as well as the calculation of cost based upon the accounting. 1 4 For 2022,the County will project the number of cases based on the daily average number of cases supervised (includes active and bench warrant cases) in 2018, 2019, 2020, and 2021. For 2023, the County will project the number of cases based on the daily average number of cases supervised (includes active and bench warrant Cases) in 2019, 2020, 2021, and 2022. For 2024,the County will project the number of cases based on the daily average number of cases supervised (includes active and bench warrant cases) in 2020, 2021, 2022, and 2023. For 2025, the County will project the number of cases based on the daily average number of cases supervised (includes active and bench warrant cases) in 2021, 2022, 2023 and 2024. c. Payment: The County will invoice the City on a quarterly basis for costs and fees determined as set forth in paragraph 3, above, with the total amount owed for the previous quarter. The first invoice will be for County probation services provided from January 2022 through March 31, 2022. The City will remit payment within 30 days after receipt of the County's invoice. 4. REVIEW: If it is determined that the flat fee of$70.00 per case is inadequate to cover costs associated with supervision,the parties agree that the cost per case can be reviewed by August 1 of each contract year and adjusted based on those discussions, to become effective on January 1 the following year. At the time of review,the County will provide the City with notice as well as supporting documentation detailing their findings as it relates to case numbers, operational costs end revenue shortfalls. 5. PROBATION SERVICES: The parties agree that the most effective way to continue consolidated probation services to reduce costs and provide better services is for District Court Probation Department to continue providing probation services to any and all individuals subject to probation supervision 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. 6. 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 other than the parties themselves may rely upon or enforce any provision of this Agreement. The decision to assert or waive any provision of this Agreement is solely that of each party. 2 5 7. 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. 8. 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. 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 (ARU) 11 regarding Misdemeanant Probation Departments. 10. 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 suits, 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 performance of this Agreement. b. The County agrees to hold harmless, indemnify, and defend the City, its officers, elected officials, employees, and agents from and against any and all suits, 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 and/or omission of the County, its. officers, elected officials, employees, and agents in connection with or incidental to the performance of this Agreement. 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 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. e. Notwithstanding any provision to the contract,the terms of this section shall survive any expiration or termination of this Agreement. 3 6 11. TERMINATION. Termination of this Agreement by either party may be accomplished upon one year's written notice of the 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. 12. INSURANCE. Yakima County is insured by the Washington Counties Risk Pool. The City of Yakima is insured by Safety National and Arch Insurance Company. a. At all times during provision of the Probation Services for Yakima 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 Contract 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 should it deem it necessary in the best interest of the public. b.Commercial General Liability Insurance. Before this Contract is fully executed by the parties,Yakima 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 combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) 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 Contract. c. Professional Liability Coverage. Before this Contract is fully executed by the parties, Yakima County shall provide the City with a certificate of insurance as proof of professional liability coverage with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) aggregate. 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. The insurance shall be with an 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 contract. 13. 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 reduce to writing and executed by the parties. 4 7 14. SEPARATE LEGAL OR ADMINISTRATIVE AGENCY. No separate legal or administrative agency is created by this Agreement. 15. 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 provision held to be invalid. b. If any provision of this Agreement 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. c. Due to changes to the law as enacted by SHB1294, which became law on July 25, 2021, this agreement may be modified to add language when AOC generates an updated model agreement for entities. The County will notify the City of Yakima in the event that any such changes become necessary to conform with AOC's forthcoming template. 16. NON-WAVER. 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 from thereafter enforcing any such provision. 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 CITY/MUNICIPAL COURT: Kelley Olwell, Presiding Judge Yakima Municipal Court 200 South Third Street Yakima, WA 98901 TO COUNTY/DISTRICT COURT: Alfred Schweppe, Presiding Judge Yakima County District Court 128 N. 2nd Street Room 225 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 or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 5 8 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 YAKIMAabgAL. YAKIMA COON ��yy By: By: Bob Harrison, City Manager AlfreISchwep e, P esiding J �dge Date: j ) - Date: 1 I I Presiding By: I Q __c. P Approved as to Form: Kelle,Olwel,- residing Judge NVia),(1_ 1 Wm ad Date: 1 ‘ I I 0 I 1 Deputy ProsecutingVAttor�ey ? G WSBA#: �I Date: 140ll-��IVID-e/1- mot", /0 6