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Home My WebLink AboutIL286 Interlocal Agreement SKAGIT COUNTY Contract# C20190447 COA#IL286 Page 1 of 5 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 community-based support group attendance, deferred prosecution requirements, pre/post-sentence investigations, assistance with connecting clients with support and community based programming and collection of restitution and/or monitoring of prohibitions. It is the responsibility of City to communicate with County the names and other contact information of defendants subject to probations services under this Interlocal Agreement. 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, 2020 through December 31, 2022. If the agreement is not renewed, the County will provide the City with the following transition services as detailed below. For the below listed transition services in the event this Agreement is not extended beyond December 31,2022, the City will be required and agrees to compensate County as provided in Paragraph 4 of this Agreement: Interlocal Agreement Page 1 of 5 (a) For previously initiated probation services that can be completed by April 1, 2020, the County will complete the service. (b) For previously initiated probation services that cannot be completed by April 1, 2020, 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 County Probation Department will employ a probation fee reduction, or full waiver of fees, process for those clients that cannot meet their probation fee obligation. In order for a defendant to be eligible for a fee reduction or fee waiver, the defendant must complete any documentation required by County and satisfy eligibility requirements as established by the County. The City shall remain responsible for any fees which are reduced or waived by court order for defendants that do not complete or satisfy eligibility requirements. In no circumstance can community service be substituted for payment toward probation fees. 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. 5.1 The County's representative shall be District Court Probation Director, James M. Malcolm Jr. 5.2 The City's representative shall be Court Administrator, Rebecca Welch. 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 Interlocal Agreement Page 2 of 5 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. 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. Interlocal Agreement Page 3 of 5 FOR CITY OF ANACORTES: LAURIE GE)RE, MAYOR (Date y/ ` ) Mailing Address: City of Anacortes 904 6th Street P 0 Box 547 Anacortes WA 98221 Interlocal Agreement Page 4 of 5 DATED this 11.E day of October ,2019. BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY,WASHINGTON Lisa Janicki, Chair (249-V\- Y 1///e lwY\ on Wesen,Commissione y Attest: Kenneth A. Dahlstedt,Commissioner ii_vvizt_abLeitiuti Clerk of the Board For contracts under$5,000: Authorization per Resolution R20030146 R commended: ^ / County Administrator epartme Approved as to form: C '1'-)" 162(2 2 ?� "t l Civil Deputy Prosecutingttomey Approved as to indemnification: ), 10-8-1c't Risk Manager Approved as to budget: Z7 --7-, .<-(.4 l'&)("!,,06 __.: Budget&Finance Director Interlocal Agreement Page 5 of 5