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03-077 Probation Services with County District/Municipal Court In tilt 1111131 111111V 11114101 5028 200 19 of 01/22'8/2 94 11:988 Spokane Co, 11R INTERLOCAL AGREEMENT FOR PROBATION SERVICES 4 0042 FOR THE CITY OF SPOKANE VALLEY (April 1,2003-December 31,2404) THIS AGREEMENT, made and entered into by and among the Spokane County District/Municipal Court, having offices for the transaction of business at 1100 West Mallon, Spokane, Washington 99260, hereinafter referred to as "COURT," Spokane County, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260,hereinafter referred to as"BOARD,"together sometimes referred to along with the COURT as "COUNTY," and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106,Spokane Valley, Washington 99206,hereinafter referred to as"CITY," jointly hereinafter referred to as the"PARTIES." WITNESSETH: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business;and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established 12:01 A.M. March 31,2003,as its official date of incorporation and upon that datewill commence • operations as a city;and WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area will transfer from COUNTY to CITY;and WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform;and WHEREAS,pursuant to the provisions of RCW 3934.180,the City of Spokane Valley is responsible for the costs incident to investigation, prosecution, adjudication and incarceration of e_d -77 5026100 i�1111`� Page 3 SPok °'of 1 l0 8f misdemeanor and gross misdemeanor offenses that occur within its jurisdiction and that are committed by adults; and WHEREAS, Spokane County has established the Spokane County District/Municipal Court under the provisions of chapter 3.38 RCW for the judicial administration of the laws of the State of Washington and the ordinances of Spokane County. The Spokane County District/Municipal Court consists of one district encompassing all of Spokane County;and WHEREAS, the Spokane County District/Municipal Court has entered into an lnterlocal Cooperation Agreement with the City of Spokane wherein the City of Spokane provides managerial and administrative support for the Spokane County District Court Probation Services Department ("Department"). The Department is funded by monthly assessments established by the COURT under RCW 10.64.120 which are paid by persons receiving probation services;and WHEREAS, the City of Spokane Valley desires to utilize the services of the Spokane County District/Municipal Court Probation Services Department for the purpose of providing probation services as directed by the Spokane County District/Municipal Court for(i)misdemeanor or gross misdemeanor offenses constituting a violation of a state statue committed by an adult within the City of Spokane Valley and/or (ii) a violation of the City of Spokane Valley's ordinances. NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter and as provided for in the above-referenced recitals,the PARTIES do hereby agree as follows: SECTION NO. 1: PURPOSE The purpose of this Agreement is to set forth the PARTIES' understanding as to the terms and conditions under which COURT will provide Probation Services to CITY. For the purpose of this Agreement"Probation Services"are further described in Section No.4 herein below. SECTION NO.2: DURATION This Agreement shall be effective at 12:01 A.M. on April 12003, and nun through 12:00 P.M. December 31, 2004, unless one or all of the PARTIES give notice of termination as provided for in Section No. 5 and Section No. 14 of this Agreement. SECTION NO.3: COST FOR PROBATION SERVICES CITY shall pay COUNTY the actual costs for Probation Services provided under this Agreement. Actual costs will be billed on a fifteen (15) minute basis as provided for herein after for services performed by Probation Officers and Support Staff. The charges for each classification will be composed of the following four elements: (i)"Direct Cost per Hour"for probation officer and support staff positions; 5020 1 Page: 4 iS elnsn810eea of 1�asF Q Spokane Co, RH (ii) "Indirect Cost per Hour" calculated by applying the percentage rate established by County Administrative Services Department for each calendar year to the"Direct Cost per Hour" for the positions of probation officer and support staff, (iii) "Admin per Hour"for supervision of probation officer and support staff;and (iii) "M&0 per Hour". Attached hereto as Attachment "A" and incorporated herein by reference is a breakdown of the hourly rates for the positions of probation officer and support staff for calendar year 2003 showing all the above components. The same methodology used to establish the 2003 hourly rate will be used to establish the 2004 hourly rate. The "Total Cost Per Hour Per Employee" for the positions of probation officer and support staff may increase or decrease during any calendar year as well as during the term of this Agreement as a result of labor contracts, COLA's and/or salary increases/decreases which will affect Direct Cost per Hour, Indirect Cost per Hour, and Admin per Hour elements. COUNTY will notify CITY in writing of any changes or modifications to Attachment"A." No change in the "M&O per Hour" rate will take place during any calendar year. Any changes in the Total Cost Per Hour Per Employee"during any calendar year will become effective immediately. COUNTY agrees to meet with CITY upon request to substantiate any increases/decreases in the hourly rate. There will be a minimum fifteen (15) minute charge for any Probation Service. All Probation Services provided in excess of fifteen (15)minutes will be billed as follows: 0 minutes up to 15 minutes Charged %hour 15 minutes up to 30 minutes* Charged LA hour •lf time spent is less that 22 minutes,it will be billed at%hour. If time spent is more than 22 minutes it will be billed at'A hour. 30 minutes up to 45 minutes** Charged ' hour **If time spent is less that 37 minutes,it will be billed at'A hour. If time spent is more than 37 minutes it will be billed at% hour. 45 minutes up to 1 hour*** Charged 1 hour ***If time spent is less that 37 minutes,it will be billed at% hour. If time spent is more than 37 minutes it will be billed at I how. For time in excess of an hour,the above will apply except for the first 15 minutes which will be billed as follows: 1 hour up to 1 hour and 15 minutes**** Charges'/4 hour ****If time spent is less that 1 hour and 7 minutes,it will be billed at 1 hour. If time spent is more than 1 hour and 7 minutes it will be billed at 1 and 'V4 hour. • ;11-11-11 5020 Fie' S 810of I 18 01/28/2 6B4 11;88F K TH • Spokane Co, NA COURT will keep time records showing the Probation Service performed in .15-minute intervals subject to charges being rounded up or down as provided for above. COUNTY will bill CITY for the cost of Probation Services as set forth in the Attachment, monthly, on or before the 5'h of the month for services provided during the preceding month. Payments by CITY will be due within 30 days of receipt of a billing invoice. At the sole option of COUNTY a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. Pursuant to RCW 10.64.120, COURT establishes a monthly assessment that is levied on persons referred by COURT for Probation Services. This assessment in most instances is collected from persons receiving Probation Services. COURT agrees that all assessments collected by COURT in conjunction with providing Probation Services to CITY under the terms of this Agreement shall be remitted to CITY. Assessments collected shall be remitted to CITY'S designee no later than the 10th day of each month for the previous month. COURT shall keep records of all assessments collected in conjunction with providing Probation Services under the terms of this Agreement. Any such assessments ultimately collected in conjunction with providing Probation Services to CITY, regardless of whether or not this Agreement is in effect, shall be remitted to CITY. COURT shall use the same collect services to collect delinquent assessments due CITY under the terms of this Agreement that it uses to collect other delinquent accounts. SECTION NO.4: SERVICES PROVIDED Probation Services shall include case management as directed by the Spokane County District Court for misdemeanor offenses constituting a violation of a state statue committed by an adult within the City of Spokane Valley and/or a violation of CITY'S ordinances constituting a misdemeanor. Case management includes the monitoring of cases in pre-trial status, providing supervision and monitoring of sentenced offenders, and supervision and monitoring of offenders whose cases are on a deferred status. Monitoring includes meeting with the offenders,reviewing the court's probation orders, consulting with various service providers and other criminal justice • entities, tracking criminal activity, and referral for appropriate services. Probation Services shall also include verification of an offenders' compliance or non-compliance to COURT. SECTION NO.5: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the PARTIES at the address set forth below for such Party, or at such other address as PARTIES shall from time-to-time designate by notice in writing to the other PARTIES: 5 ii`pp Proe oe:,8:60C:0,111181:1 �IIII�� 0 OF THE B0 S l� COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane,Washington 99260 COURT: Spokane District Court Presiding Judge Spokane County District Court 1100 West Mallon Avenue Spokane,Washington 99260 CITY: City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley,Washington 99206 SECTION NO.6: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO.7: ASSIGNMENT No Party may assign, in whole or in part, its interest in this Agreement without the approval of all other PARTIES. SECTION NO.8: LIABILITY • (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY/COURT,their officers,agents and employees,or any of them relating to or arising out of performing services pursuant to this Agreement In the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves the right to participate in said suit if any principle of governmental or public law is involved;and if final judgment in said suit be rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against CITY and COUNTY/COURT and their respective officers,agents,and employees,COUNTY shall satisfy the same. (b) CITY shall indemnify and hold harmless COUNTY/COURT and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its officers, agents and employees, or any of them relating to or arising out of • performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY/COURT, CITY shall defend the same at its sole cost and expense; provided that COUNTY/COURT reserve the right to participate in said suit 5028100 Page: 7 of" ie E 81/26/26@4 I1: K OF I B t Spokane Co, Ili if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against COUNTY/COURT, and their officers, agents, and employees, or any of them, or jointly against COUNTY and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act,Chapter 51 RCW,respecting the other party only,and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than$5,000,000 per occurrence with $5,000,000 aggregate limits including auto liability coverage. SECTION NO.9: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement No agent, employee, servant or representative of COUNTY/COURT shall be deemed to be an employee, agent, servant or representative of CITY for any purpose. Likewise,no agent,employee, servant or representative of CITY shall be deemed to be an employee, agent, servant or representative of.COUNTY/COURT for any purpose. SECTION NO. 10: REPORTING COURT shall provide a mutually acceptable quarterly report to CITY that will contain information relating to Probation Services performed during the preceding quarter. SECTION NO. 11: PROBATION SERVICES STAFF COURT shall hire,assign,retain and discipline all employees performing Probation Services under this Agreement according to collective bargaining agreements, relevant civil services rules and regulations,state and federal laws and applicable agreements. COURT agrees to meet and confer with CITY with respect to staff assigned to provide Probation Services. SECTION NO. 12: RECORDS All public records prepared, owned, used or retained by COURT in conjunction with providing Probation Services under the terms of this Agreement sh:11 be deemed CITY property and shall be made available to CITY upon request by the CITY Manager subject to the court rule, statue or case law. COURT will notify CITY of any public disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as COURT'S response thereto. R08 800 1®'- �` 11111[ eir�sneaa 1 t:sRF SECTION NO. 13: ASSURANCE OF THE BOA Spokane Co, uR COUNTY and COURT represent and assure CITY that no other city or town will receive more favored treatment in receipt of Probation Services than that made available to CITY for similar services. SECTION NO.14: MODIFICATION OR TERMINATION This Agreement may be modified in writing by mutual agreement of the PARTIES. Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 90 days written notice to the other PARTIES. Upon termination COURT shall continue to provide Probation Services to completion for those eAses assigned by COURT to receive Probation Services prior to the effective date of the termination. SECTION NO. 15: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in providing Probation Services shall remain with the original owner unless specifically and mutually agreed by the PARTIES to the contrary. SECTION NO. 16: ALL WRITINGS CONTAINED JIEREINBINDING E1(FE;CT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing,executed by the PARTIES. • This Agreement shall be binding upon the PARTIES hereto,their successors and assigns. SECTION NO.17: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 18: SEVERABILITY It is understood and agreed among the PARTIES that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the tights and obligations of the PARTIES shall not be r 5028100 all pp Page. 9 of 19 Spokane,1 CLERK THE affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 19: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define,limit or extend the scope or intent of the sections to which they pertain. IN WITNESS WHEREOF,the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatu es. DATED:, /—2—2004- SPOKANE COUNTY MUNI T COURT: By: _ Harold D. l'/arke PIPSLn�7.Y `Th'LMl C DATED: /���� !`""" BOARD OF CO CO SSIONERS oQ cOMs �'‘,, OF SPO , ! I ,WAS II GTON .:tiE CpCi r�0 ++ I / • JO.. � OSKEL EY ATTEST: 040 ►�� VICKY M.DALTO �`�� f =r P 1 L I' ;.HARRIS, Chair CL •. . I "BO A : ABSENT sfT'ela Erickson,Deputy M.KATE MCCASLIN DATED: /02-A 4W3 CITY OF SPOKANE VALLEY: By: quAd *•i Michael DeVI- t yor A P4i1 4/- City Clerk A prove t Deeput City Atto ,Cary P.Driskell Spokane County Probation Office Hourly Rates 4 0042 Based on 2003 Budget Indirect Direct Cost per 2003 Cost Per Cost per Hour at Admin M&O Position # Budget Person Hour 6.27% per Hour per Hour Total Cost Per Hour Per Employee Type Probation Officer 5 251,988 50,397.60 25.84 1.62 3.55 1.00 32.02 Support Staff 8 190,433 31,738.83 16.28 1.02 3.55 1.00 21.85 11 Hours worked per Position 1,950 Total Hours Worked 21,450 Administration 78,200 3.55 (Cost per hour,based upon cost of$78,200,divided by 11 staff or 21,450 hours) M8O 21,549 1.00 (Cost per hour of mho,based upon total cost of$21.549 divided by 11 staff®1950 hours each) 540,170 4.58 Total per hour charge for administration and matntenanceloperatlon expenses 1 l Oil r� ATTACHMENT"A" e co "P o • ,m1V 2r' o� J • '® • `f- NO. . 4 0042 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY,WASIIINGTON IN THE MATTER OF EXECUTING AN ) AGREEMENT BETWEEN SPOKANE ) RESOLUTION COUNTY AND THE CirY OF SPOKANE ) VALLEY REGARDING PROBATION ) SERVICES ) WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established 12:01 A.M. March 31, 2003, as its official date of incorporation and upon that date commenced operations as a city; and WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area transferred from Spokane County to the City of Spokane Valley;and WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and WHEREAS, pursuant to the provisions of RCW 39.34.180, the City of Spokane Valley is responsible for the costs incident to investigation, prosecution, adjudication and incarceration of misdemeanor and gross misdemeanor offenses that occur within its jurisdiction and that are committed by adults; and WHEREAS, Spokane County has established the Spokane County District/Municipal Court under the provisions of chapter 3.38 RCW for the judicial administration of the laws of the State of Washington and the ordinances of Spokane County. The Spokane County District/Municipal Court consists of one district encompassing all of Spokane County; and WHEREAS, the Spokane County District/Municipal Court has entered into an Interlocal Cooperation Agreement with the City of Spokane wherein the City of Spokane provides managerial and administrative support for the Spokane County District Court Probation Services Department • ("Department"). The Department is funded by monthly assessments established by the Spokane County District/Municipal Court under RCW 10.64.120 which are paid by persons receiving probation services; and • WHEREAS, the City of Spokane Valley desires to utilize the services of the Spokane County District/Municipal Court Probation Services Department for the purpose of providing probation services as directed by the Spokane County District/Municipal Court for(i)misdemeanor or gross misdemeanor offenses constituting a violation of a state statue committed by an adult Page 1 of 2 4 0042 within the City of Spokane Valley, and/or (ii) a violation of the City of Spokane Valley's ordinances. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners of Spokane County, that either the Chairman of the Board, or a majority of the Board, be and is hereby authorized to execute that document entitled "INFERLOCAL AGREEMENT FOR PROBATION SERVICES FOR THE CITY OF SPOKANE VALLEY (April 1, 2003-December 31, 2004)" pursuant to which, under certain terms and conditions, the City of Spokane Valley will utilize the services of the Spokane County District/Municipal Court Probation Services Department for the purpose of providing probation services as directed by the Spokane County Disttict/Municipal Court for (i) misdemeanor or gross misdemeanor offenses constituting a violation of a state statue committed by an adult within the City of Spokane Valley, and/or (ii) a violation of the City of Spokane Valley's ordinances. The City of Spokane Valley will pay Spokane County actual costs for providing such services billed on a fifteen (15) minute basis as provided for in the Agreement. PASSED AND ADOPTED this c27 day o ,2004. of co+uvSSr BOARD OF COUNTY COMMISSIONERS oeCQOi aoUy�ay OF SPOKANE,COUNTY,WASHINGTON II+►k �b EI ,.• a' 'C- i. HARRIS, Chair ATTEST: `+% coc : ABSENT • VICKY M. DALTON CLERK OF THE BOARD M. TE MCC: ,. t ,Vice Chair Daniela Erickson,Deputy J O -tom •OSKELLEY H:1Valky Cii}ARaolationAvalley-proDation.010904 Page 2 of 2