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Home My WebLink AboutC20080227 Interlocal Agreement After Recording Return to: SKAGIT COUNTY BOARD OF COMMISSIONERS 1800 CONTINENTAL PLACE, SUITE 100 MOUNT VERNON, WA 98273 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN SKAGIT COUNTY AND CITY OF ANACORTES THIS AGREEMENT is made and entered into by and between the City of Anacortes ("City") and Skagit County, Washington ("County") pursuant to the authority granted by Chapter 39.34 RCW, INTERLOCAL COOPERATION ACT. 1. PURPOSE: The purpose of this interlocal agreement is to formalize the relationship of the City and the County regarding the provision of probation services to the City. Skagit County has a Probation Department capable of serving both the Skagit County District Court and, with some use restrictions, the cities within Skagit County. The Skagit County District Court Probation Department has provided probation services to the City in past years based on its' participation in the consolidated district/municipal court judicial services plan. It is in the best interest of Skagit County and the City to formalize this relationship in an agreement detailing the extent and costs of probation services. 2. RESPONSIBILITIES: The County shall provide the following probation services for the City in consideration of time and effort as follows: Active/full probation services, pre-trial monitoring, monitoring of treatment and/or antabuse and 12-step community-based support group attendance, deferred prosecution requirements, pre/post-sentence investigations, restitution determination only, and collection of restitution and/or monitoring of prohibitions. Interlocal Agreement Page 1 of 5 The County shall provide such services upon referral from the City and according to the direction of the City's Municipal Court. 3. TERM OF AGREEMENT: The term of this Agreement shall be from January 1, 2008 through December 31 , 2010 . If the agreement is not renewed, the County will provide the City with the following transition services: (a) For previously initiated probation services that can be completed by April 1, 2008, the County will complete the service. (b) For previously initiated probation services that cannot be completed by April 1, 2008, the County will provide the City a complete copy of the probation file and a summary of actions taken to-date, upcoming hearings, and other information that would assist the new service provider in quickly completing the transition cycle. 4. MANNER OF FINANCING: The City shall compensate the County fifty dollars ($50.00) for each month said defendant is on active supervision (meaning the supervision has not been terminated by order of the court) to a maximum of $1200 per defendant/case. In cases involving pre-sentence supervision, supervision of mandatory community service or determination of restitution, the maximum per defendant/case shall be $150. The County will bill the City quarterly. Payment by the City will be made within thirty days from date of billing notice. The City agrees to pay up to $5,000 (net) toward the cost of probation services under this contract. This provision acknowledges that defendants will be charged for probation services. To the extent that probation fees are collected, the sum so collected shall not be counted toward the City's ceiling amount stated under this paragraph. For example, if probation services totaling $2,500 have been provided under this contract and probation fees of $1,000 have been collected from defendants, the dollar amount of probation services remaining under this contract would be $3,500. Nothing in this paragraph should be construed so as to prohibit City from requesting additional probation services in excess of the dollar limit stated in this Paragraph should the City find such additional services necessary or desirable. 5. ADMINISTRATION: The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. In the event such representatives are changed, the party making the change shall notify the other party. Interlocal Agreement Page 2 of 5 5.1 The County's representative shall be District Court Probation Director, Linda Eiford. 5.2 The City's representative shall be City Attorney, Ian S. Munce. 6. TREATMENT OF ASSETS AND PROPERTY: No fixed assets or personal or real property will be jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 7. INDEMNIFICATION: It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of the Agreement. Each party hereto agrees to be responsible and assumes liability for its own negligent acts or omissions, or those of its officers, agents, elected officials, volunteers or employees to the fullest extent required by the law, and agrees to save, indemnify, defend, and hold the other party harmless from any such liability. In the case of negligence of both the City and Skagit County, damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this Agreement. 8. TERMINATION: Any party hereto may terminate this Agreement upon thirty (30) days notice in writing either personally delivered or mailed postage- prepaid by certified mail, return receipt requested, to the party's last known address for the purposes of giving notice under this paragraph. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 9. CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS: The Agreement may be changed, modified, amended or waived only by written agreement executed by the parties hereto. Waiver or breach of any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. 10. SEVERABILITY: In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. Interlocal Agreement Page 3 of 5 11. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated herein by reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. FOR CITY OF ANACORTES: J Oki._ 1144,piA/ H. DEAN MAXWELL, MAYOR (Date 3 1 r 7 / 0 0 ) Mailing Address: City of Anacortes 904 6th Street P 0 Box 547 Anacortes WA 98221 Interlocal Agreement Page 4 of 5 IN WITNESS WHEREOF, the parties have executed this Agreement on this day of , 200 . APPROVED: BOARD OF COMMISSIONERS SKAGIT COUNTY, WASHINGTON DON MUNKS, CHAIRMAN KENNETH A. DAHLSTEDT, COMMISSIONER SHARON D. DILLON, COMMISSIONER For contracts under $5000: County Administrator (Authorization per Resolution #R20030146) Recommended: DAVID A. SVAREN, PRESIDING JUDGE Skagit County District Court TRISHA LOGUE, Budget & Finance Director Approved as to indemnification: BILLIE KADRMAS, Risk Manager Approved as to form: MELINDA MILLER, Deputy Prosecuting Attorney Attest: JOANNE GIESBRECHT, Clerk of the Board Interlocal Agreement Page 5 of 5