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HomeMy WebLinkAbout031411_ra03 .. t... JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: I Philip Morley, County Administratorl DATE: Mareh 14, 2011 SUBJECT: Amendment to Regional Service Agreements for Municipal Court and Jail Services, and Public Health and Animal Services; City of Port Townsend STATEMENT OF ISSUE: Board of County Commissioner approval is requested for an agreement to amend two interlocaI agreements to provide regional services to the City of Port Townsend for municipal court and jail services, and animal and public health services in calendar year 2011. ANALYSIS: Jefferson County has long provided the City ofPort Townsend with Municipal Court and Jail services and Public Health and Animal Services. The County and the City entered into a Regional Service Agreement for Municipal Court and Jail Services on July 16, 2008 (recorded at AFN 536232), adopted a first amendment for 2009 (recorded at AFN 548030), and adopted a second amendment for 2010 (recorded at AFN 556451). We also entered into a Regional Service Agreement for Public Health and Animal Services for 2008-2010 on July 16,2008 (recorded at AFN 536370). The attached proposed agreement would amend these prior agreements to: . Continue all four regional services in 20 II; . Set 2011 annual fees for Municipal Court $174,705, Jail $163,273, and Anima1 Services $50,127, billed quarterly; . In 2011 dedicate the City generated liquor excise tax to pay for Public Health services in Substance Abuse Treatment and Prevention. On March 7, 2011, the Port Townsend City Council voted to authorize City Manager David Timmons to sign the 2011 agreement. FISCAL IMPACT: The proposed Amendment would maintain City reimbursement for District Court and Anima1 services at the same level as 2010. Jail services would be paid at a rate approximating the three-year average of actua1 jail payments by the City for 2007-2009, and Substance Abuse Treatment and Prevention would continue to receive all of the liquor excise tax generated within Port Townsend. RECOMMENDATION: Approve and sign the proposed Amendment to the Regional Service Agreements for Municipal Court and Jail Services, and Public Health and Animal Services. ~ . hilip M I 'Coun:~tor "5(9;/1" Date ... "-... . Attachments: . Proposed Amendment to the Regional Service Agreements for Municipal Court and Jail Services, and Public Health and Animal Services, with Contract Review Form . 2008 Regional Service Agreement for Municipal Court and Jail Services (AFN 536232) . First Amendment for 2009 (AFN 548030) . Second Amendment for 2010 (recorded at AFN 556451) . Regional Service Agreement for Public Health and Animal Services for 2008-2010 (recorded at AFN 536370) ~ "- AMENDMENT TO THE REGIONAL SERVICE AGREEMENTS (Municipal Court and Jail Services; and Public Health and Animal Services) by and between Jefferson County and the City of Port Townsend WHEREAS, Jefferson County (herein referred to as "County") and the City of Port Townsend (herein referred to as "City'') entered into a Regional Service Agreement on July 16, 2008 (recorded at AFN 536232), providing for the County to provide Municipal Court and Jail Services to the City (the "2008 Agreement for Municipal Court and Jail Services"); and WHEREAS, the parties executed a first amendment to the 2008 Agreement for Municipal Court and Jail Services on November 9, 2009 (recorded at AFN 548030), extending the term and amending the terms of the Agreement; and WHEREAS, the parties executed a second amendment to the 2008 Agreement for Municipal Court and Jail Services on November 22, 2010 (recorded at AFN 556451), extending the term and amending the terms of the Agreement; and WHEREAS, the parties entered into a Regional Service Agreement on July 16, 2008 (recorded at AFN 536370), providing for the County to provide Public Health and Animal Services to the City (the "2008 Agreement for Public Health and Animal Services''); WHEREAS, the parties by this Amendment desire to further extend and amend the terms of the 2008 Agreement for Municipal Court and Jail Services and the 2008 Agreement for Public Health and Animal Services on the terms set forth in this Amendment; NOW, THEREFORE, the 2008 Agreement for Municipal Court and Jail Services as previously amended and the 2008 Agreement for Public Health and Animal Services are hereby amended as follows:e 1. Amendment - Duration. For Municipal Court and Jail Services, this Amendment shall be in effect for the period January 1,2011 to December 31, 2011. 1 2011 Amendment Regional Service Agreements (Municipal Court and Jail Services, and Public Health and Animal Services) v For Public Health and Animal Services, this Amendment shall be in effect for the period January 1,2010 to December 31, 2011. 2. Amendment - Fees. 2.1 Probation and Municipal Court Services. Section 5.1 of the 2008 Agreement for Municipal Court and Jail Services as previously amended, is further amended to read in its entirety as follows: 5.1 Probation and Municipal Court. For 2011, the City shall Pay the sum of $174,705 (representing the average cost for court services for the years 2007-2009). This service also includes court security, public defense and probation services. The City shall receive and retain all court-ordered costs as defined in RCW 10.01.160 or other statutes as a result of City cases, including but not limited to: . pre-trial supervision; . deferred prosecution; . preparing and serving warrants; . incarceration; . other costs of supervision, excluding probation; . direct costs relating to evaluating and reporting to the court; Pursuant to statute, the County shall be entitled to receive and retain all court-ordered costs for probation. For costs paid by defendants for private services (for example, if the court orders a defendant to participate in pre-trial or post-trial supervision with services provided by a private agency), the costs paid by the defendant for those services would be paid to the City and they would be applied directly to the agency's costs (unless the County paid the costs directly to the agency). All fines and forfeitures generated by City cases shall be deposited with the City. 2.2 Jail Services. 2.2.1 Section 5.2.1 of the 2008 Agreement for Municipal Court and Jail Services as previously amended, is further amended to read in its entirety as follows: 2 2011 Amendment Regional Service Agreements (Municipal C01I11 and Jail Services, and Public Health and Animal Services) t-' -".. ~ .,:,..-.' 5.2.1 For 2011, the City shall pay the sum of $163,273 (representing the approximate average cost for jail services for the years 2007- 2009). This sum is a lump sum for this service and is in lieu of, replaces and supersedes the day rate for jail services in the 2008 Agreement for Municipal Court and Jail Services as previously amended. This sum does not include or cover medical expense. Section 7.2 of the 2008 Agreement for Municipal Court and Jail Services providing for City reimbursement for medical services remains in effect. City agrees it will house prisoners on City charges in the County jail and not seek to utilize other jails. 2.2.2 Section 5.2.3 of the 2008 Agreement for Municipal Court and Jail Services as previously amended, is deleted. 2.3 Animal Services. Section 5.2 of the 2008 Agreement for Public Health and Animal Services is amended to read in its entirety as follows: 5.2 Animal Services. For 2011, the City shal1 pay the sum of$50,127 per year (representing a continuation of the amount in the 2008 Agreement for Public Health and Animal Services). 2.4 Substance Abuse. Section 5.1 of the 2008 Agreement for Public Health and Animal Services is amended to read in its entirety as follows: 5.1 Substance Abuse Treatment and Prevention. For 2011, the City shall pay one hundred percent (100%) of the City generated liquor excise tax, also known as General Fund Reserve Account 336.060.94 (representing a continuation of the amount in the 2008 Agreement for Public Health and Animal Services). 3. Amendment - Payment schedule. 3.1 Court and Jail Services. Section 7.1 including 7.1.1 of the 2008 Agreement for Municipal Court and Jail Services as previously amended, is further amended to read in its entirety as follows: 7.1 To contract for and reimburse the County for services per the amounts shown in Sections 5.1 and 5.2.1. City payments for 2011 for Municipal Court and Jail Services shall be made in four quarterly payments equal to 25% of the 3 2011 Amendment Regional Service Agreements (Municipal Court and Jail Services, and Public Health andAnimal Services) ,,- '. ... ~- ~ ~ amounts shown, with payments being due no later than April 15, 2011, July 1, 2011, October 1, 2011, and December 1,2011. 3.2 Public Health and Animal Services. Section 7 of the 2008 Agreement for Public Health and Animal Services is amended to read in its entirety as follows: 7. CITY PERFORMANCE. The City agrees as follows: To contract for and reimburse the County for services per the amounts shown in Sections 5.1 and 5.2. City payments for 2011 for Animal Services shall be made in four quarterly payments equal to 25% of the amounts shown, with payments being due no later than April 15, 2011, July 1,2011, October 1, 2011, and December 1, 2011. In addition, the City shall pay amounts for substance abuse within 30 days of the date liquor excise taxes are received by the City. 4. Other Terms Not Affected. Except as set forth in this Amendment, all other sections of the 2008 Agreement for Municipal Court and Jail Services as previously amended and 2008 Agreement for Public Health and Animal Services remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed this _day of ,2011. JEFFERSON COUNTY BOARD OF COMMISSIONERS CITY OF PORT TOWNSEND Chairman David Timmons, City Manager o LEGAL ~O~: 3jfo \20 n y APPROVED AS TO LEGAL FORM: City Attorney ATTEST: ATTEST: Clerk of the Board City Clerk 4 2011 Amendment Regional Service Agreements (Municipal Co1l11 and Jail Services, and Public Health and Animal Services) - -~ \\'I"~'II~\\\II\I\~mlll~~:~~~ Jell"'."" eaunlv Rud JEFFERSON COUNTY C01'l AGR 118.1lII RETURN ADDRESS Jefferson County Board of C()1TlmillSioners P.O. Box 1220/1820 Jefferson Street Port Townsend. W A 98368 GRANTOR (S) (Last, First and Middle Initial) Jefferson County Please print neatly or type Information DOCUMENT TITLE 2 . nal REFERENCE NUMBER (8) OF RELATED DOCUME Additional grantee on page LEGAL DESCRIPTION ( . . . lot, bleck, plat or secllon, township, range,quarter/quarter) Additional legal on page PARCEL/ACCOUNT NUMBER Additional parcel tfs on page e Information provided on this form. The staff will not read the document lateness of the Indexing information provided herein. . . \1~1\1\I\UI\III~III:~~~;,23P __. _,~...... COI'I AGR 66.00 Jeffersan County Aud Jcrr~~~ ~.,' IttGIONAL SERVICE AGREEMENT aDd (MUDieipal Court aDd JaB Services) by and between Jeft'el'S8D County the City of Po T THIS AGREEMENT' TOWDSetIlJ; a municipal tXb,pui.ati!!!:!J City), andJd~..on County, a W....mllgton (hereinafter Jmed the and between the City of Port ..~ (hereinafter refemld to as the and political subdMsion of the State of ). for ...o:tain Regioual Services as described. @ ~ >-. \IIIII~~!I~,.. Jefler- ColJntv AIllI WHEREAS. these regional services ate in addition ovided by .Tetfetson County, as a political subdMsion of the State, on of the County tbnded by County property taxes levied on properties ~ . and WllEREAS, the level offTIndhlg , ~ this AGREEMENT .....attols and dictates. to some extent. the scope o' that the County is capable ofprovidiDg pursuant to this A make all good faith efforts to fund this AGREEMENT in the full amount listed bel notifY the County in writing as soon as r..asonably and ~ly possibl when it finds it C8DI1Ot; and WHEREAS. the City and the County agree that providing regkmal basis will provide more eft'icient, effective. and less costly services for . both the City and unincorpomted portions of the County, thereby better providiDg sud1 . 99-076 and the County adopted s,rmnine Joint VSl'utw~ of Common 'and WHI<:IIF.AS, the City Resolution 96-99 dec1aring an AIntmxt Service PlUJSlaulS Jointly with C~ WHKRFAS, tb ' into an A~~\.1:IIt with 2007 and fonowing; a Resolution authorizing the City Manager to enter , Law and Justice Services for the Budget Year goal of the City and County to serve their citizens by ces on an equitable cost basis; and @ ~. 111111I11~1\~lllm~~~~3~23P Jeffel"'tlOn Cautttv Aud JEFFERSON CCUNTV COM AGR fiR em ~ Sti flees A...ument: MmaicipaJ Court lUld Jail Serrices Pap 3 . WHEREAS, the City and the Counly have the technical and professional expertise to provide sc:rvices described in this agteement. NOW, 1'H"-'ilI<FOltE, ill CoD8ldention of the Mntn..1 CoveDaDts Contained Herein, and pursuant to provisions ofCh. 39.34 RCW, the parties agree as fonows: L z. 3. AGREEMENT PURPOSE. It is tho purjluSC of this AGREEMENT to Court Services; and Jail Services by set forth the powers, rights. and responsib . city . Municipal the County. and to . to this AGREEMENT. DURATION. This AGREEMENT shall be . this AGREEMENT are satisfied 2008. The l"&~tive 1egis1atures of AGREEMENT for one or more 0 ~ their intent to do so not I thisAGREEMBNT. /) the tem1S ofSeetion 7.3 of at midnight on the 31st day ofDeeember. to this AGREEMENT may extend this by approving and executing a doctnnent -one (21) days before the .,....phd.ti.m of SUPERSEDES. This all previous agreements or 8I11CIJdrr\f!nfA. 4. FUNDING for fimd"rng distn"bution. when based on 'l1'ftlW as the last quarter of the previous year and the fust service tbree 5. The following program services sha1l be provided through this made poss1"ble by the ColJllly's lawfully adopted budget \1\11~llml~lmll~~:~3~23P Jeffersan Ccuntv R1nl JEFFEIlSON COUNTY CO~ - !;S.1lIl ReIioD8l Swt. Inl A,p~ent: ~....f....1 Court 8Dd Jail Serriees Peae 4 Ordinance and the City's jimdUtg oftbis AGREEMENT: 5.1 5.2 Municipal Court Fund... based on pJCVious years Municipal Court ",iwinal citation and inftac1ion caseload fiIiDgs as a percentage of total caseload AlirIp of the Jefferson County Distric:t Court. This service also inc court security, public defense and probation services. The formula is gram costs (including cost al(ocAtM overhead). less S1ate and distributed by the 9<>1cent of ~ load activity and residents in the 'mmllOlpulated area. The am ; distributed to the City is the Ci~'s sbm:e of thiS shown on Exhibit A. Exln"bitA inc1 . as: Infractions rued; CllatioDS Filed; Juxy Hearings. The dollar amount owed by the . sepaudOly elsewhen: in tbis A Exhibit B. This includes a 60% share of Court s....u.dty , and ~ It also includes the Distric:t cOurt These amounts are adjusted relative to the ~ P Townsend case10ad fiIiDgs as a perc..... of total caseload filings of County District Court. All fines and forfeitures shall be dopwdted with the ~. /', 0 '. lail Services <...J ~ a mte (or May mte) charged to the City for each by the County's Correclions DE._1wd for City @ . r;::::::; 111111~1~II~mlml ~;:6~~~ m8/05/20ll8 04:23P Jelrer."" counIY _ .JEFFERSON COUNTY COI'I AGR S6. me RegI....l s.."M1 A..llCIIleat: M.......;,.I Court and Jail Services PapS 5.2.2 A City TnmAfe ~ a person booked into or housed in the Jail when a City charge is the principal basis for booking or """'"Mtg that person. A City charge is the pah1cipal basis for booking or eonfinbtg a pmson where . one or more of the following applies, whether pre-1ria1 or post-trial: 1. A subject is a&tested by a PTPD Officer for a via ordlnrmce or a violation of a state law that desi crime as a misdemeanOr or gross milUlerr.",nnr. 2. A subject is ad~ on ami..dem PTPD Offk:er cl.tation issued by the or by a 3. A subject is arrested by any origl....l:.,g from a City . initiated by a PTPD Proseeuw. agency on a warrant mi..d_nr cbarge . on filed by the City 4. with a probation violation on a charge _i..d.....emmr or gross misdemeanor age or a citation filed by the City 5. or onnfined by leason of su~on 1 m combination with cbatges, investigaticms of of other governments. and the booking or reason of subsection 1 through 4 above is to be the most serious charge. A felony shall always serious charge. Where the combination of charges are mi""P.m~ from multiple jurisdictions. the charges sbal1 be the longest sentence Of.....,.<::O".ed), or the highest tal baiL @ ~ 1111~lnll~I~III~~,~~~~ J.rr.rscn County Rud JEFFERSON GOUNTY COP! ~II5J~8Il04'23P ~nl SeH'.iees AlP_a: M-'~I COlII't and JaB Services pqe 6 PROVIDED: a. A City charge {set forth above} is not the principal basis for C01lfinirlg a person. and the day rate shall not apply, where the person is boo)-~ or confined exclusively or in combination with other cbarges by f a felony charge or felony in'Vestiption. enfo..,,,,.,'ent 0 yorin o a felony been reOuced to a misdemeanor. b. A City charge filed {set forth basis for ""..!':..h,g a person. apply, where the ~son is combination with other charge or felony investi State or City c. The day rate or"""'- with the City. 5.2.3 king occurs and is chargeable to the charged to the City for that person shall be one day's day rate or $69.50. The 9.50 for each additional day a person fl'l"'IAiM in when that pmlOIl's custody by County Ie to the City. The charge to the City for the day of from County Cotrections custody shall be not less 1han released before 1700 hours or 5:00 PM. local time and released after 1700 houtS or 5:00 PM local time. @ ~ 11111111111111~111~:,~~~t~ 1181115I:1.OO8 1l4,2aP Jefferson County Ilud .ll:l"rEkSON COUNTY CCl'I RGR 6S.0lil ReldoIUll Services Agreement: Mmdeipal Court and Jail Serrices 'qe 7 5.2.4 The parties endorse recovery of costs inc1med due to eJ.LP>lt\Q1eY .illoponse and Jr.cui......dion and other penalties set by the.legi!illl)fU1'e to the extent allowable &nd 9f1RiJltlhle, including, recovery for costs ofincah..,.c4ion (RCW 9.94A.76O, RCW 10.01.160), amhdiMion for emergency response (RCW 38.52.430), and agree to euup.aate to have the Court impose and collect to the extent possl'ble allowable fin costs. In addi1km, the parties agree to woik: together to reduce jail alte.matives to itlcal.......ttioo. for example, home . QII, Court utilize suCh alternatives where appro 6. C01JNl'Y PERFORMANCE. The County agJee5 as fa 6.1 6.2 The County sbaIl m'lmmm records . cs fthe oJ"O-'c4ion of said contracted services for and financia1 purposes. The Coun1y sbaIl, upon request of the City, of activities and fimmces related to said activities, but need not do per 30 days. The County will furnish II quarterly statement for billing per this agreement. o 6.3 The County sbaIl o~ntAin said services in accordance with all appJicable state ~ and codes. 6.4 On a aU w City to tract and audit costs, the County sbaIl pro 'on of City cases in Municipal Court, and City 7. ~1 ~forand~theCountyfor~perthe~as~ ~ Ilmmll~~~111111 ~:~~~~ Jeff.....on County Aud JE!'l'ERSCN COUNTY CO~ lIlI/lIlI/201lS01104:23P ReldODal Seniees AK\ lleIIlent: M...~ Court and JaB Services 'i'lIf!ll6fr below. Reimbursement sbal1 be made as follows: the first of four quarterly payments equal to 25% of the amount shown sbal1 be made no later than fifteen (15) busiJJes,s.days after the last party ~ this AgreemeD.t and then there sbal1 be additiODal ':Iw:u:~ly payments made on May 1, 2008. August 1, 2008 and November 1,2008. 7.2.1 The City sba1l reimburse actUal tate of cost incurred per ty -- For purposes oftbis agreement. billing c:alcvl!'fP.d to include all Emergency Medical Services. Emergency . ces. Hospital, Physician and pI.......iption charges im:urred the . e in the custody of the County. 7.1.1 Reimbursement for Regional Services Service Annual Municipal Court $181.415 Total $181,415 7.2 In addition to the I{WIl~ly Jlll1weuts outlined in reimburse the County for Jail Services as above. Billing sbal1 be c:aleulated for each ca1 quarterly. 7.3 The obligation of~ AGREEMENT sball County's its obligations pursuant to this until the City I:nuDmits the following to the copy oftbis AGREEMENT, 2} a copy of other g"""ated ckYnm- authorizing execution of ity official or agent on behalf of the City, and 3} a 's budget 0rdi.Dance for the year 2008. @ ~ . \1\~m~IIII~\I~I\'\I~~~;~23P .effer..., County llud JEFFERSON COUNTY COM All1l 56,00 Pqe9 ReaionaJ ..... A.a eement: MUDidpal Court and JaB Serrices 8. LlABJLITIES. Eltcept for liability that is subject to immunity as provided in Chapter 38.52 RCW. each party agrees to defend,'indemnlfY, and to hold the other party bannless from any ol..;..,!!. directly re'J1l1ti.,g from such party's sole negligence and from actiOllS or omkRift1lS that are solely aUributable to any employee, official. or agent or such party. 9.1 Should a dispute arise ~een the City and the Count): lve the same by submitting the dispute for resolution by the parties or non-'hlndil1g mecJiption through the P 1ution Center. The mediator sba1l be selected by parties and the cost of medi/dion sba1l be shared equally . Should the parties be unable to negotiate a resolution or resoIulion to a dispute, then the parties agree to described with RCW 39.34.180(3), which calIs for th a tbree-person arbitration panel 9. DISPUTES BETWEEN THE PARTIES. The fonowing dispute reso sba1l govern this agreement: 9.2 In the event a dispute over this AGREEMENT neo;;~-Lm.tes the procurement oflegal servi party sba1l be entitled to rell9' .....hle attorneys fees and c:osts. o 93 Neither party to this cantermmatAthisAGRBEMENTpursuant to SellIion 103.1 AconsisteDt J*!lleom ofvi~latlon. etc... unless first County AdmlDislrator or City Manager in COnstitute an alleged Aconsistent poate.4 of violation this AGREEMENT that is allegedly not in comp1iam1e ten (10) bn~ days to cure or remedy the alleged @ ~ . 1\1\1'\I\nl'U~I\\\~\I\m\~:::~~~23P Jefferscn County Aud JIFFERSON COUNTY COM - 56.00 ReJ1IoDaI Services Attreement: M..........I Court and JaB SerYiees Pqe 10 10. MODIFICATION, W....HDRAWAL AND TERMINATION. This agreetT'ent may be modified, withdrawn or wmtnAfP.d as follows: 10.1 This AGREEMENT may be modified or extended in duration by mutual agreement oftbe parties. foHowiDg ~1I1I\_I_.-~eB. . . eact 10.2 The parties hereto may wi1hdraw from this AGREEMBNT onl by their '''jli..."cntative governing body commU1';~ to writing. Such wi1hdrawal by the County sba1l be midnight of the ninetieth (90) day fo11owl.ng no1ice 0 witbcIrawa1 by tbe City sball be made pursuant to RJ 3.50.810. S 4)andRCW 10.3 Termina1ionofthisAGREEMENT 10.3.1 The County determines that a ofvio1ati.on. abuse. or disregard of U}l"':~~~': a users personnel exists, and such fmdi'lg iscomm~in writing. 10.4 The parties to this AG that all terms of this AGREEMENT sball be subject to ~ ' but not to termitta1ion, if during the term of this A . officer(s) of the City certifies in writing to the County the City, 1>>-- of ~ and/or unforeseen and!< r Ie :financial occ:urrences, events or coustraints. wishes AGREEMENT in an amount that repr~ less than %) of the gross annual contract amount Iistecl in Section @ ~ . 11~~IIIUllllm~111~~~~:~~:~ Jelfero... County Aud JEFFERSON COUNT"t' COi'I ~!lll~Gl!!84:23l' ReIdonal Serrices Aareement: MpLo\paI Court ancl JaD Serrices ~ 11 11. GENERAL TERMS. The fonowing gene:rat terms shall govern this agr:eement 11.1 This AGREEMENT CCI~ terms and c:ondi1ions agreed upon by 1he parties. The parties agree tbattbere are no otherUDlLa"IM\.mf1gS, oral or otherwise. regmding 1he subject matter of this AGREEMENT. 11.2.2 WIthout limiting 1he generali discriminate against any ofra=, color, teligion, age, status, and as required by law thil ensure that appli loyed and that employees are tteated dming employment without to eir race, color, religion, age, sex, national origin. handicap on 11.2 Nondisciiminalio Equal Employment Oppu.:tubity. 11.2.1 In the performance of this AGREEMENT, the and agents shall at all times comply with any laws, ord""""-.. rules or regulations with and equal employment UjJpwtuu1ty, the parties shall not t for employment blx:a,,~ . bandicap or maritaI . . . o . employees and agents shall not at any time persons or entity bec!ro"'" of race, color, . onal origin. handicap or marital status, nor sha1l1he . gly poa.Wit1heir agents and employees to harassment. teligion, keep and "'D~;n any and all records which may be by law in connection with compliance with this section. @ ~ \111~III~n~II\~mllll~~~~~~23P JolforllOl'l CWnly lUl JEFFERSON COUNTY COM AGR 68.00 RegloD81 ~ vices ~<<Dleat: Man". Court 8Rd JaB Senices Paae 11 11.3 Wage and Hour Laws. The parties shall at all times comply with all applicable provisions of the Fair Labor Standards Act (FLSA) and any other federal or state legi"lAtion aftie..;II.lg its employees, and theru.1es and regulations issued there under. insofar as applicable to its employees. ~~'L- ~~n. Chairman APPROVED AS TOLBGAL FO~: 0 ROVED AS TO LEGAL FORM: ,i :) ~ cO...J o~tl g _ W.... """ _ ~ """" "'- - . o Attorney GS 2008. 12. MUTUAL OBJECTIVES. Bach party agrees to aid and assist the accomplishing the objectives of this AGRBBMBNT. 13. BlNDER. This AGREEMENT sba1l be bin";"g upon the and as.<zlgrr.... IN WITNESS WHEREOF. we here unto attach our . COUNTY OMMISSIONERS CITY OF PORT TOWNSEND - ~f//)I./Iol I. ATTEST: -~'@ r;:::::; rJ1~~~erkC;;~ - --- - -- - -- ------------ . .,....' J. IIIIIIII~I~I~~~~ Jeff.,._ CalmlY Aud ".:i'r_ COUllTY ClII'I =1l8/~ 1iI4,2SP _.. EXHIBIT A BY FIUNGS CibftIOnS Filed OWl Other Trafftc MlsdImeanor SUbtotal 161 396 483 1 222 506 635 1363 43 6618 15535 :MI'efllOll Port County TownJllod IuflaGtlons Filed Ti'aft'IC 6251 Non l\'aft'Ic 228 Parking 6 Subtotal 648S Jury111als Other Hearings Total @) 19 7 @ ~ 'Y., ~ ,'*'...,~ " . 1IIIIIUI~lil=~~;23P .1..,.....""" ~,I'IIlI"th' D1w4 .1~........JllI r;m1NT't ~ ~ M CllGI EXHIBIT B FlIInp 2007 All 15535 Fort 1bwnsend 3375 Port Townsend % 21.73% Court Security ZOO8 Salary $ 35,779 0Ver.head 18.32% $ 6,555 Beneftts $ 16,883 1btaI $ 59,217 60% to DIstrict Court $ 35,530 $ DWbId Court DIstrict Court Budget $ SUbtotal Port Towuend FIB.... 21.73CM>> 2008 799,329 $ ,329 r;;::;\ 59 ~ 181,415 @ ~ ~ -, ~ 548030 PGS:7 .AGR 11/18/21ll1l9 112,82 PI! sse."" ......_ COUNTY COIUII88JONERS Jefferson County WR Auditor'. OffJce - Danna Eldr1dge, Auditor l1li W..Nn.llII\l<<W H&MI W,I~ki."'fii 101 RETURN ADDRESS Jefferson County Commissioners P.O. Box 1220 Port Townsend. W A 98368 PIea88 prlllt neatly or type information DOCUMENT TITLE REFERENCE NUMBER (S) OF RELATED rence #'8 on page GRANTOR (S) (Last, FIrst and Middle Inlllal) Jefferson Co Additional grantor on page Additional gnmtea on page brevlated form: I.e. lot, block. plat or seclIon, toWIlShlp. Additional legal on page ROPERTY TAX PARCEUACCOUNT NUMBER AddItIonal parcel #'e on The AuditorIReCOrder wID rely on the 1nfornl8llon provided on this form. The staff wID not read the document . to verify the accuraey or completeness of the indexing lnformatlon provided herein. ~vvv . uti... ... v. . . II .....,.....,..,.....,......,... ... .., c:. MtENDMENT TO THE REGIONAL SERVICE AGREEMENI (M11Dieipal Court and Jail Services) by and between Jefferson Comrty and WHEREAS, JclliallOn County (herein ref! Townsend (herein referred to as .'City") entered into 2008 (recorded at AFN 536232), providing for the Co Services to the City (the "2008 Agreement unicipal and the City of Port 'ce Agreement on July 16, de Municipal Court and Jail and Jail Servicesj; and to extend and amend the 2008 set forth in this Amen~ cipal Court and Jail Services is hereby shall be in effect when the terms of Section are satisfied and terminAte at midnight on the 31st day teSpective legislatures of the parties to this extend this AGREEMENT for one or more one-year periods executing a document stating their intent to do so not less than days before the expiration of this AGREEMENT. 1 Amenliment to Regional ServIce Agreement (Municipal Cmut and Jail Se1'VWe8) _VVV' . Q\f'I'O' v VI. I II '''''.VV~..V. I ... '" .!. 2. Amendment. Fees for Probation and Court Services. Subsection 5.1 Municipal Court is amended to read: 5.1 Municipal Court. FlJ1lding based on previous years Municipal Court criminal citation and infraction caseload filings as a peI.;entage of total caseload filings of the JefflOison County District Court. 'Ibis service also includes court security, public de and probation services. The formula is total pIOguUll costs (including allocated overhead), less State and Federal grants distributed by the 0 load activity between City residents and residents in the . amount of program costs distn"buted to the City is the C' . anal service and as shown on ExlnDit A for 2008 and Exhi . ibits A and A-2 include the following categories: Infractions F Filed; Jury Trials; and Other Hearings. The dollar amount to the County is listed ~pa..atdy elsewhere in this Agreement on.bit B for 2008 and ExIn"bit B-2 for 2009. 'Ibis includes a 0 Security sahuy, b.,.,....fi.h,. and overhead. It also includes' annual budget. These amounts are adjusted relative to the C' caseload filings as a percentage of total caseload filings of ounty District Court. In addition to other C01Ilpe"_~the Count! be entitled, effective January 1,2009, to receive and retain ..ordered costs as defined in RCW 10.01.160 that would have been paid ~. as result of City cases, including: . pre-trial supervision; · defem:ct pro '0 0 . p..,panng and ; . incatceration; . ~~sts . evaluating and reporting to the court. The abo ~~ costs paid for private services. For example, if the court a ~ to participate in pre-trial or post-trial supervision with servi a private agency, the costs paid by the defendant for those servi be . d to the City to be applied directly to the agency's costs ~ paid the costs directly to the agency). All fines and forfeitures o court-ordered costs as defined in RCW 10.01.160 generated by City . be deposited with the City. ~ 2 Amendment to Regional Service Agreement (MunIcipal Court and Jail Servfcea) V"'7VV...." . g~ ... "'I . I It IVHllooVV.,-v..V. I ... , 3. Amendment - Day rates for JaB Seniees. Subsection 5.2.3 is mnended to read: 5.2.3 The day rate sba1l be $69.50 for 2008 and $73.25 for 2009. Ifbooking occurs and is chargeable to the City, then the mm;rm,un amount charged to the City for that person pursuant to this AGREEMENT sba1l be one day's day rate or $69.50 for 2008 and $73.25 for 2009. The City sba1l be charged $69.50 for each additional day a person Wfta.;nll in the custody of County Corrections when that person's custody by Co . ons is chargeable to the City. The charge to the City for the ease of a person from CoUnty Corrections custody sbaI1 be not .75 for 2008 and $36.65 for 2009 to those released before :00 PM. loea! time and $69.50 for 2008 and $73.25 for 2 after 1700 hOUlS or 5:00 PM loea! time. 4. Amendment - Payment scheduIe. Subsection 7.1 is amend 7.1 To con.ttact for and reimburse the Co e amount as shown below. In 2008 reimbursement sba1l : the first of four quarterly payments equal to 25% of the amount made no later than fifteen (15) business days after the last party eXi . ~eement and then there sba1l be additional quarterly ~ ents made ay 1,2008, August 1,2008 and November I, 2008. In 2009 ent for all four quarters sbaI1 be made no later than fifteen (15) business da the last party executes this Agreement. 7.1.1 Reimburseme1J.Vor . Service V Municipal Court~ "- Total 7 ~ . ces for Municipal Court in 2008: Annual Quarterlv $181,415 $45,353.75 $181,415 $45,353.75 7.1.2 egional Services for Municipal Court in 2009: Annual $199,570 $199,570 3 Amendment to Regional Service Agreement (MunicIpal COlI11 and Jail SeMce8) v-rvVVV I u,t:fV ~ VI I I 11 un ....vvvv....v... I ... ". t- 5. Other Terms Not Affected. Except as set forth in this Amendment. all other sections of the 2008 Agreement for Municipal Court and Jail Services remain in full fcm:e and effect. rfh--IN ~ WHEREOF, the parties have Cll11vn this Al'"~ment to be executed this ~dayof ~ . .2009. APPROVED AS TO LEGAL FORM: AP 0~ \l)-z.)o,\ JEFFERSON COUNTY BOARD OF COMMISSIONERS U~~, - Chairman fh" , 'Mf\ 0 ~)J., ~ 4 ~ 4 Anumdment to RegItmaJ Service Agreement (Mrmiclpal Court and Jail Services) ...........,""'" . gH"'"' V v., . II .'!In.''''''''''''''.'''''. an . EXHIBIT A-2 Jefferson County District Court FIlings I DIatrIct Court Annas Illlfl~ I c~~ns I i::S H~~S PorlTownsend 1,066 281 17 2,202 Cou 5735 1,142 50 5772 All 6,801 1,423 67 7,974 Port Townund % ~ ~4ffl ~ s Amendment toRegiona/ Service Agreement (MunIcIpal COU11 and JailSenlces) . _v_ I a~ I '" . . II IVI..""'V""''''...".... IYI ! .~.... EXHIBIT B-2 JeIfenIon County District Court Costs au: I I CoIIt Cat8aO..... Court Security Budget Dlstrlct & Superior Con: SaIaIy Overhead 18.73% Benefits TTL DIstrict & Superior Courts $ 40,062 $ 7,504 $ 18,106 $ 65.672 District Court Share of SecurIty 60% to Distrlcl Court DI8trIctCourtBudget $ 674.116 Public Defender $ 393.497 50% to Dlslrict Court Total District Court Costs Port TOWII88I1d % from Exhibit A: Port Towll88nd AIJoc:ated CoIIt 6 A.mendment to Regional Service Agreement (Mrmicipal Courl and Jail Services) ~~-"~-"-"'-~ f?,~~:t5J~ eQS: 3 AMEND Jafferaon eounly WA AUdiicr'a'1'iH'::* ~ COI'U'IJSSIONERS Imw.m.lIfAJ.jMMwaiH1fiinl lut RETIJRN ADDRESS Jefferson County Commissioners _ P.O. Box 1220 _Port Townsend. WA 98368 PleaSe print neatly or type Information DOCUMENT TITLE M REFERENCE NUMBER(S) OF RELATED ~36'~2 548030 AddItional arantor on oaae Additional arantee on oaae The Audltor/ReC:Ofderwill rely on the bl!""'odtIon provided on this fomI. The staff will not read the cIocUm8nt to verify the lll:CUracy or completeneSS of the Indeldng Information provided herein. ---- 656461 Page 2 of 3 12/131201003:44 PM 'i<'~.'--"- ---.--"! . .... . b,MEr!DMENT NO.:& 1'0 TU REGIONAL SERVICE AGREF.MENT (MPl.elpal Court ami Jail SeJ'VleeS) by and betweeD Jefferson CoPt)' and the City of Port ToWDSeltd WHEREAS. Jef.f=lon County (herein NflOo'cd Towasend (herein NflOo,ed to as "City") entered into 2008 (recorded at AFN 536232), provtclin8 for the Set:vices to the City (the "2008 Agreement for Muni W]IEREAS, the parties executed a ~ent to the 2008 Agreement for Municipal Court and Jail services on Nove11l 9, 009 (recorded at AFN 548030), extending thetenn and ll1tlending the termS of the A~ WBEl\EAS. the parties by)his t o. Z desire to further extend and ll1tlend the 2008 Agreement for Municipal Co\u(~Jl' ces on the termS set forth in this second Att\endtnent; NOW, THEREFORE, the 2ooi?~ or Municipal Court and Jail Services as previouslY amendedi.sberebyam~~~ I. ADlendment _ D ~ ~ 2 Duration is ll1tlended to read: Z. DO. T AoREBMENT shall be in eft'ect when the termS of Section 7.3 is G are satisfied and tenninate at tnldl1ight on the 31st day . 010. t ~ ti Probation and Court Services. Subsection 5.1 Municipal Court is . cipal Court. shall pay the SUID ofS199,570 forZ010. 1 Amendment No.2 If} Regio1lll1 SsrI/fCe AgTeemenl (MrmIdpaI court tmd Jail SevfJ;es) M'\.-..-:_--. .. ~ ' . " 556451 Page 3 of3 12/13/201003:44 PM 3. AmendmeDt - Day rates for JaB Services. Subseclion 5.2.3 is amended to read: S.2.3 The clay rate shall be $69.50 for 2008, $73.25 for 2009 and $76.40 for 2010. Ifbooking occurs and is chargeable to the City, then the minimum amount charged to the City for that pel'SOl1 pursuant to this AGREEMENT shall be one day's day rate or $69.50 for 2008, $73.25 for D09 and 576.40 for2010. The City shall be charged 576.40 in 2010 for 'tional day a person remains in the custody of County . ans Ii that person's eustody by County Corrections is chargeabl . . The charge to the City for lhe day of release ofa Corrections eustody shall be not less than $34.7 2009 and $38.20 for 2010 to those released b e local time and 569.50 for 2008, $73.25 for 2 those released after 1700 hours or 5:00 P 4. Amendment-Paymentsehedule. Subsection 7.1 . 7.1 5. Other Terms Not Affeeted.. Except as ~n this Amendment No. 2, all other sections oflbe 2008 Agreement for Municipal Court 1. Services as previously amended remain in full force and effect. CITY OF PORT TOWNSEND Q,~ David Timmons, Mansger APPROVED AS TO LEGAL FORM: <Tl.-r.---J.=:. City Attorney a:~L ~~, City Clerk 2 Amendment No. 2 /0 RegitmI1l Service AgrwmenI (MunIcIpa/ Court Ilnd Jail Services) .. - \ 1IIImllllllllltlllnll~fll~II~~~~0 JoH...scn Countv llud JEFFER50N COlJNTY CO~ 2!,!'2/211l18 10:43A "~ 60.00 RETIJRN ADDRESS Jefferson C01Ulty Board of Commissioners P.O. Box 1220/1820 Jefferson Street -.Fort Townsend. WA 98368 t for Public Health and Please print neatly or type Information DOCUMENT TITLE REFERENCE NUMBER (S) OF RELATED DO GRANTOR (S) (Last, First and Middle Initial) Jefferson C01Ulty Additional grantee on page LEGAL DESCRIPTION (Abb . Jot. block, plat or secIlon. townshlp, range,quarter/quarter) Additional legal on page PARCEL/ACCOUNT NUMBER Additional parcel #'s on page .. IIIIIIII~!I;~~;~ Je".....on County R\Id JEFFiRSOIl REGIONAL SERVICE AGREEMENT the City of Port Townsend, re erred to as the City), and . n of the State ofWasbington 'ces as described. (PUBLIC HEALTH and ANIMAL SERVIC by and between Jefferson Connty and the City of Port Townsen THIS AGREEMENT is entered in a municipal cotpOmtion of the State ofWashingto Jefferson County, a municipal corporation and poIi ' lh""""""- to ulhcComdy1 ""~ WHEREAS, Chapter 39. 4 'ts local governmental units to make official use of their powers enab~~~ p ate with other localities on the basis of mutual advantage; and 7 ~ e County agree that providing certain services on a effective, and less costly services for citizens within . ons of the County, thereby better serving the public; and WHE regional basis will prQ both the City and regional services are in addition to statutory services provided by Jefferson Coun , ' 'cal subdivision of the State, on behalfofall the citizens of the "'-~_"""l"""'OO_wi""PmtT_'" ~ .' II~mllll~mllllllll~IIIIIIII~~2~~7~~43R Jefferson County Rud ......~ COUNTY COM _ 60,00 Regional Serviees A2reement: Health and Human Services PllKe 2 WHEREAS, the level of ftmding provided by the City for this AGREEMENT controls and dictates, to some extent, the scope and quantity of services that the County is capable of providing pursuant to this AGREEMENT, the City shall make all good faith efforts to ftmd this AGREEMENT in the full amount listed below and shall notity the County in writing as soon as reasonably and practicably possible if and when it finds it cannot WHEREAS, the City adopted Resolution 99-076 and the Co resolution 96-99 declaring an Intent to Facilitate and Examine Joint Yen Progmms Jointly with City of Port Townsend; and opted on Service WHEREAS, the City adopted a Resolution auth execute an Agreement on behalf of the City regarding Jefferson Health and Human Services for the Budget Year 2008. 0 WHEREAS, the City and the County expertise to provide services described in ent PURPOSE. It is with Animal and such oth the Co the pow e of . AGREEMENT to have the County provide the City ce Abuse, Treatment and Prevention Programs; m be provided at the discretion of and under the control of eal and Human Services Community Health and to set forth nsibilities of the parties to this AGREEMENT. 1. @ ~ ~~. ~.. 1~f1~lmlmUIIIIII~ "~"~11~~~,~0 09112120011 lW,43A Jefferson County Aud JEI'FEIlSON COUNlY CO~ AGR 50.00 Reaional Services Al{reeIDeD.t: Health and Human Services Page 3 2. DURATION. This AGREEMENT shall be in effect when the ternts of Section 7.3 of this AGREEMENT are satisfied and tenninate at midnight on the 31st day of December, 2010. The duration of this AGREEMENT can be extended for additional one-year periods by a written document executed and approved by the respective legislatures of the parties not less than twenty-one (21) days before the expiration date of this AGREEMENT. 3. SUPERSEDES. This agreement supersedes all previous agreements 0 4. FUNDING FORMULA. The formula for funding distnbution, service activity, shall be calculated as the last quarter of the three quiuters of the current year. 5. e pro ded through this ed budget 5.1 Substance Abuse .Treatment and Funding to be equal to one hun t (100%) of the City generated liquor excise tax, at as General Fund Revenue Account 336.060.94. e of Animal Service caseload activities ts (easeload - adoptions, call outs, reportable ). The formula is total program costs (including ), less State and Federal grants and fines and fees, distnbuted by the percent of case load activity between en d residents in the unincorporated area. The amount of costS distributed to the City is the City=s share of this regional 5.2 @ ~ .' .. .' 1IIIIIID~~II~III~fl:~~~0 Jeffe",.., Cauntv AW JEFFERSON COIJNTY COM ~l21~llllle'43A Reaional Services .A2reement: Health and Human Services P8Ile4 6. COUNTY PERFORMANCE. The County agrees as follows: 6.1 The County shall sufficiently staff, operate and maintain contracted services at a level commensurate with those services as cummtly provided to the extent authorized by the lawfully adopted budget Ordinances of the City and County. 6.2 The County shall maintain records and statistics of the operation f . d contracted services for administrative and financial purposes. The Cd request of the City, furnish a monthly report of activities and ated' d activities. The County will furnish a quarterly se of billing per this agreement. 6.3 The County shall operate and maintain said s applicable state laws, regulations, rdance with all 7. CITY PERFORMANCE. The City agrees 7.1 To contract for and reimb County for services per the amount as shown below. Reimbursement shall be . four quarterly payments equal to 25% of the amount shown, the be' g due no later than fifteen (15) business days after the last lJll& . greement, the remaining quarterly payments being du~~ ~, September 1,2008, November 1,2008, January 1, 2009, J ~,~ber 1, 2009 and November 1, 2009, January 1,2010, June 1, 0 0, SherI, 2010 and November 1, 2010. Regional Services Annual $50,126.61 See (Section 5.1) $50,126.61 Ouarterlv @ c::::::; .' ~ 111111111111~~~flll~~~~0 Jeffers"" Countv _ JEFFERSoN COUllTY COl'I ~121~1lIl'0'43A Re2ional Services A2reement: Health and Human Services PllIle 5 In addition, the City sba1l be responsible for an amount for Substance Abuse pursuant to section 5.1 of this Agreement, with payment made within 30 days of the date liquor excise taxes are received by the City. 7.3 The obligation of the County to perform its obligations pursuant to this AGREEMENT shall not accrue until the City transmits the foil . g to the County=s Administrator: 1) an executed copy of this AG 2) a copy of the Resolution, Ordinance or other executed document tion of this AGREEMENT by a City official or agent on behal 0 3 a certified copy of the City=s budget Ordinsnce for th 200 . pro in Chapter e other party harmless ce and from actions or 'a1, or agent of such party. 8. LIABn.ITIES. Except for liability that is subject to . 38.52 RCW, each party agrees to defend, indemnitY, from any claims directly resulting from such omissions that are solely attributable to an 9. DISPUTES BETWEEN THE PARTIES. sball govern this agreement: 9.1 Should a dispute arise betw d the County, the parties may resolve the same by submitting lution by negotiation between the parties or non.bin~ m 0 ugh the Peninsula Dispute Resolution Center. The mediator~ ~ ed by mutual agreement of the parties and the cost of mediation lf~ equally between the parties. Should the parties be unable to n ti te a ution or refuse to accept a mediated resolution to a that the proper venue for any legal action regarding I be the Jefferson County Superior Court. 9.2 te over the terms of this AGREEMENT necessitates the t egal services, the prevailing party sba1l be entitled to reasonable ~m>>_ ~ .,~.. ~ -;'I'.. IIIIIIIIII~~II m::2~7~~43A .leff."on County Aud .JEFFEJISON COUNTY COM RGR 60.00 Re1l(onal Services Agreement: Health and Human Services PaKe 6 9.3 Neither party to this AGREEMENT can terminate this AGREEMENT pursuant to Section 10.3.1 below for an alleged Aconsistent pattern of violation, etc...@ unless they first notifY the respective County or City Administrator in writing of the facts which constitute an alleged Aconsistent pattern of violation@ and provide the party to this AGREEMENT that is allegedly not in compliance with . s AGREEMENT ten (10) business days to cure or remedy the alleged failure of ceo only by legislative act to the other party in writing. midnight of the ninetieth (90) 10. 10.1 This AGREEMENT may be modified or ex agreement of the parties. 10.2 The parties hereto may withdraw by their representative governing Such withdrawal shall be effective no day fonowing notice of wi 10.3 Term;nationofthisAG eimposeduponany~underthe fOllOwing~ces: 0 10.3.1 The Coun ~e that a consistent pattern of violation, abuse. or operational policies by a users personnel exists, and tmicated to the parties in writing. EMENT agree that all terms of this AGREEMENT shall tiation and review if during the term of this AGREEMENT the fficer{s) of the City certifies in writing to the County that the City, because of unexpected and/or unforeseen and/or ~. ~. J ..- 11111111~1~1::~~7~~43A Jefferson County Aud JEFFERSON COUNTY COM _ 50.00 Reaional Services Agreement: Health and Human Services Page 7 unavoidable financial oecurrences, events or constraints, wishes to or must fund this AGREEMENT in an amount that represents less than ninety-five percent (95%) of the gross 8IUlual contract amount listed in Section 7.1.1 of this AGREEMENT. 11. GENERAL TERMS. The following general terms shall govern this a ent: 11.1 This AGREEMENT contains terms and conditions 11.2.1 In the performance of this AG and agents shall at all times laws, ordinances, rules or and equal employment . es and their employees and all federal, state or local ect to nondiscrimination 11.2 Nondiscrimination; Equal Employment Oppo 11.2.2 Without limiting the goo discriminate a . f the foregoing, the parties shall not or applicant for employment beea11se of tional origin, handicap or marital status. . es shall take affirmative action to ensure p and that employees are treated during emplo regard to their race, color, religion, age, sex. national o~ di r .tal status. F ~es and their employees and agents shall not at any time against any other persons or entity because ofrace, color, re' . on, a e, sex, national origin, handicap or marital status, nor shall the gage in or knowingly permit their agents and employees to ge in sexual harassment. .... -.... ..~.... 111~IIDIII~I~II::,~~~0 Jeffers"" County Ilud .IEFFERSCN COlJNTY Clll'I =12/~ll<l10'43A Regional Services A2reement: Health and Human Services Paae 8 ~ 11.2.4 The parties shall keep and maintain any and all records which may be required by law in connection with compliance with this section. 11.3 Wage and Hour Laws. The parties shall at all times comply with all applicable provisions of the Fair Labor Standards Act (FLSA) and any other federal or state legislation affecting its employees, and the rules and regulati . ed there under, insofar as applicable to its employees. 12. MUTUAL OBJECTIVES. Eachparty agrees to aid and assi accomplishing the objectives of this AGREEMENT. 13. B~ER. This AGREEMENT shall be binding upon ~ asstgns. '0 IN WITNESS WHEREOF, we hereunto attach 0 I' day of , CITY OF PORT TOWNSEND ATTEST: Q~ Pam Kolacy, successors and Jt{ IV 2008. a COUNTY BOARD OF COMMISSIONERS APPROVED AS TO LEGAL FORM: ()~ foR!uelie Dalzell, ProW>Mmf1g ~ 7}2.ft/o;> ey ATTEST: ~~~~Ofthe ~