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HomeMy WebLinkAbout2280 . - ~ . 1 RESOLIITION NO. 2 2 8 0 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND KING COUNTY TO 4 PROVIDE MUNICIPAL COURT PROBATION SERVICES. 5 6 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 7 REGULP,R MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: g Section 1. The Mayor and City Clerk of the City of 9 Auburn are herewith authorized to execute an Interlocal 10 Agreement between the City of Auburn and King County to 11 provide municipal court probation services. A copy of said 12 Agreement is attached hereto and denominated Exhibit "A" and 13 incorporated herein. 14 gection 2. The Mayor is hereby authorized to implement 15 such administrative procedures as may be necessary to carry 16 out the directives of this legislation. II 17 DATED and SIGNED this 18th day of February, 1992. 18 19 CITY OF AUBURN 20 21 22 23 M A Y O R 24 25 26 Resolution No. 2280 February 12,1992 Page 1 1 2 3 ATTEST: 4 5 ~!Lti 6 Robin Wohlhueter, 7 City Clerk 8 9 10 APPROVED AS TO FORM: 11 12 13 /V!' At4 ro, 14 St phen R. Shelton, City Attorney 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No. 2280 February 12,1992 Page 2 f . ORIGINAL 1 AN INTERLOCAL AGREEMENT BETWEEN RING COIINTY 2 AND THB CITY OF AUBURN PROVIDING FOR 3 MUNICIPAL COURT PROBATION SERVICES 4 5 THIS AGREEMENT is entered into this day of 6 , 1992, by and between the COUNTY OF RING, 7 (hereinafter referred to as IICOIINTYII) and the CITY OF AIIBURN, 8 a municipal corporation of the State of Washington, 9 (hereinafter referred to as "CITY") for the purpose of the 10 CITY securing municipal court probation services through the 11 COUNTY. 12 WHEREAS, the City of Auburn desires to secure probation 13 services for their municipal court; and 14 WHEREAS, pursuant to RCW 39.34, the Interlocal , 15 Cooperation Act, the parties are authorized to enter into an 16 Agreement for joint cooperative action. 17 NOW, THEREFORE, the COUNTY and the CITY hereby agree as 18 follows: 19 Section 1: PIIRPOSE OF AGREEMENT. To enable the COONTY, 20 through the King County District Courts' Probation Services 21 Division, to provide two primary services to the CITY through 22 the Municipal Court: (1) presentence investigations, with the 23 resulting report; and (2) probation supervision. 24 25 26 Interlocal Agreement - Municipal CouR Probation Secvices Fxhibit "A" Resolution No. 2280 February 12,1992 Page 1 1 2 SECTION 2. DEFINITIONS. 3 a. Presentence report: A report 4 prepared by a probation counselor 5 designed to give the court accurate 6 and complete information for 7 sentencing purposes. The report will 8 include information on the 9 defendant's history and offer 10 recommendations for sentencing 11 purposes. 12 b. Probation supervision: When it is 13 ordered as part of the sentence, 14 supervision by the probation 15 counselor of the defendant to insure 16 compliance with the sentence imposed. ; 17 SECTION 3. COIINTY RESPONSIBILITIES. ig A. Conduct presentence investigations and provide 19 presentence reports. 20 B. Provide probation supervision pursuant to the 21 Division's supervision guidelines. 22 c. Assign an experienced probation officer to the 23 CITY Municipal Court who is a State-qualified alcohol and drug 24 25 26 Interlocal Agreement - Municipal Court Probation Services Ext►ibit "A" Resolution No. 2280 February 12,1992 Page 2 1 2 assessment officer knowledgeable of community-based treatment 3 programs in the Auburn area. Initially, the assigned staff 4 will be scheduled four (4) hours per week; however, hours per 5 week can be increased by mutual agreement as caseload 6 increases occur. 7 D. Submit a monthly statement of hours worked by 8 the assigned probation officer to the CITY. 9 SECTION 4: CITY RESPONSIBILITIEB. 10 A. Assign cases for presentence reports and for 11 Probation supervision. 12 B. Reimburse the COIINTY at the rate of thirty-six 13 dollars ($36.00) per hour of probation officer time based on 14 the monthly statement from the COUNTY. Payment shall be 15 within thirty (30) days of receipt of the statement. 16 C. Provide space for the probation officer to 17 interview and make telephone contact with the defendants. 18 SECTION 5: ADMINISTRATION OF THE AGREEMENT. Both the 19 COUNTY and the CITY shall designate representatives from the 20 District Court Probation Services Division and Municipal 21 Court, respectively, to administer this Agreement. 22 SECTION 6. REVENUE. Any revenue generated by provision 23 of the probation services by the COUNTY to the CITY shall 24 25 26 Interlocal Agreement - Municipal Court Probation Secvices Fxhibit "A" Resolution No. 2280 February 12,1992 Page 3 1 2 accrue directly to the CITY through its own billing and 3 collection operations. 4 SECTION 7. EFFECTIVE DATE. This Agreement shall become 5 effective on the date of its mutual signing by the CITY and 6 COIINTY. 7 SECTION S. AMENDMENT. This Agreement may be amended, 8 altered, clarified or extended only by written agreement of 9 the parties hereto. 10 $ECTION 9. DURATION. This Agreement shall renew 11 automatically from year to year; provided, that either party 12 may terminate the Agreement with sixty (60) days written 13 notice to the other party; and provided further, that the rate 14 Per hour is renegotiated for each calendar year beginning 15 With 1993. 16 $ECTION 10. INDEMNIFICATION AND HOLD HARMLESS. All 17 liabilities for salaries, wages, and other compensation, 18 injury, sickness, or liability to the public for negligent 19 acts or omission arising from performance of probation 20 officers hereunder shall be that of the COUNTY. To such 21 purpose, the COIINTY will protect, defend, indemnify, and save 22 harmless the CITY, its officers, employees, and agents from 23 any and all costs, claims, judgments, or awards or damages, 24 25 26 Intedocal Agreement - Municipal Court Probation Services Fxhibit "A" Resolution No. 2280 February 12, 1992 Page 4 . 2 arising out of or in any way resulting from the negligent acts 3 or omissions of the COIIDTTY, its officers, employees or agents, 4 The CITY will protect, defend, indemnify, and save harmless 5 the COIINTY, its officers, employees, and agents from any and 6 all costs, claims, judgments, or awards of damages, arising 7 out of or in any way resulting from the negligent acts or 8 omissions of the CITY, its officers, employees, or agents. 9 IN WITNESS WHEREOF, the parties hereto have executed this 10 Agreement as of the day first above mentioned. 11 12 CITY OF AIIBIIRN 13 14 15 ~ 16 M A O R 17 18 ATTEST: 19 20 . ~ 21 Robin Wohlhueter, 22 City Clerk 23 24 25 26 Interlocal Agreement - Municipal Court Probation Services Exhibit "A" Resolution No. 2280 February 12, 1992 Page 5 ~ 1 APPROVED AS TO FORM: 2 3 4 Stephen R. Shelton, 5 City Attorney 6 7 8 RING COUNTY 9 10 gY: 11 KING OUN EXECUTIVE 12 13 BY: 14 IAN GAIN, 15 Presidi udge for King County Dis rict Court 16 17 APPROVED AS TO FORM: 18 19 L ~ 20 Dep ty Pros cu i g Attorney 21 22 DATE : zz 23 24 25 26 Intedocal Agreement - Municipal Court Probation Services Fxhibit "A" Resolution No. 2280 February 12,1992 I Page 6 • FINANCE DEPARTMENT BOB ROEGNER, MAYOR ~ 25 WEST MAIN, AUBURN, WA 98001 PAT DUGAN, FINANCE DIRECTOR ~ (206) 931-3033 R - % ~ STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2280 of the resolution of the City of Auburn, entitled "A RESOLUTION." I certify that said Resolution No. 2280 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 18th day of February A.D., 1992. Witness my hand and the official seal of the City of Auburn this August 3, 1992, A.D. - ~ - - " ~ Robin Wohlhueter City Clerk City of Auburn