Loading...
HomeMy WebLinkAbout23-002-MCT-001 Interlocal Agreement DocuSign Envelope ID:C2BF98E9-253D-4E33-8CF2-FCF04A2B210E COA#23-002-MCT-001 SKAGIT COUNTY Contract# C20220393 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 District Court Community Court services to the City. Skagit County has a Community Court Program capable of serving both the Skagit County District Court and,with some use restrictions, the cities within Skagit.County. The Skagit County District Court Community Court Program has provided Community Court services to the City since January 1,2021, in a pilot program role. 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 Community Court services. 2. RESPONSIBILITIES: The County shall provide the following Community Court.services for the City in consideration of time and effort as follows: Active/full Community Court services, monitoring of community court, court ordered programming, community-based support group compliance, and assistance with connecting clients with support and community-based alternatives. Interlocal Agreement Page 1 of 5 DocuSign Envelope ID:C2BF98E9-253D-4E33-8CF2-FCF04A2B210E The County shall provide such services upon referral from the City and according to the direction of the City's Municipal Court. The County shall limit the number of monthly dockets to two. 3. TERM OF AGREEMENT: The term of this Agreement shall be from March 1, 2023 through December 31, 2025. If the agreement is not renewed,the County will provide the City with the following transition services: (a) For previously initiated community court services that can be completed by March 1, 2023, the County will complete the service. (b) For previously initiated community court services that cannot be completed by March 1, 2023, the County will provide the City a complete copy of the community court 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 six hundred fifty dollars ($650) per month ($325 per docket) for two dockets. Each Community Court Docket shall be limited to 15 total clients. The County will bill the City quarterly. Payment by the City will be made within thirty days from date of billing notice. 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. Intedocal Agreement Page 2 of 5 DocuSign Envelope ID:C2BF98E9-253D-4E33-8CF2-FCF04A2B210E 5.1 The County's representative shall be District Court Community Court Development Coordinator, Leticia Nunez-Castro 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 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 shalt 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 parry'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 DocuSign Envelope ID:C2BF98E9-253D-4E33-8CF2-FCF04A2B210E 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: MATT MILLER, MAYOR (Date 9/23/2022 Mailing Address: City of Anacortes 904 61h Street Anacortes, WA 98221 Interlocal Agreement Page 4 of 5 DocuSign Envelope ID:C2BF98E9-253D-4E33-8CF2-FCF04A2B210E DATED this day of �(/� ,2022. BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY,�SHINGTON Peter Bra g�hair Ron a en_Commissioner, Lisa Janicki, Commi loner Attest: Cle c of the Board Recommended: l } lepar=Et�ment Head Approved as to form: Civil Deputy Prosecuting Attorney Approved as to indemnification: M 1MU W Risk ManageV App ed as to budget: Budget&Finance Director Interlocal Agreement Page 5 of 5