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Home My WebLink About1153 ResolutionRESOLUTION NO. 1153 WHEREAS, the City Council of the City of Pasco deems it in the City's best interest to enter into an agreement with Benton -Franklin Probation Services, Inc., for the purpose of providing probationary counseling and pre -sentence investigation services to the Pasco Municipal Court, and WHEREAS, the Benton -Franklin Probation Services, Inc., represents itself to be duly qualified to provide such services, and WHEREAS, the costs of such services will be approximately Forty -Five Hundred & 00/100 ($4,500.00) Dollars, including Three Thousand & 00/100 ($3,000.00) Dollars of office space which the City of Pasco may provide for Benton -Franklin Probation Services, Inc.F NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF PASCO: That the City Manager of the City of Pasco be and he is hereby authorized and directed to execute an agreement with Benton -Franklin Probation Services for the purpose of providing probationary counseling V..and pre -sentence investigation services to the Pasco Municipal Court, said agreement to be substantially in the form as the agreement attached hereto and by this reference incorporated herein. PASSED by the City Council this 6 day of March 1978. Chet Bailie, Mayor AT ST: ells, Deputy City Clerk APPROV D AS TO FORM: Michael E. Cooper, Cf + -y Attorney A G R E M E N T THIS AGREEMENT made and entered into this 6 day of March , 1978, by and between the CITY OF PASCO, a municipal corporation of the State of Washington, hereinafter referred to as the "CITY", and the BENTON-FRANKLIN PROBATION SERVICES, INC., hereinafter referred to as "PROBATION SERVICES", WITNESSETH:- WHEREAS, ITNESSETH: WHEREAS, the City of Pasco deems it in the best interest to enter into a contract with Benton -Franklin Probation Services, Inc., for the purpose of providing probationary services for the Pasco Municipal Court, ,h and f "� WHEREAS, Benton-Franklin.Probation Services, Inc., represents. that it is qualified to render probationary and pre -sentence investigation services to the City of Pasco and its municipal court; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1. That Probation Services shall provide the City of Pasco, inparticular.its'municipal court, probationary services requested by the Pasco Municipal Court, to include up to 70 full and complete pre -sentence investigations and 30 supervised probations, for which the City shall pay to Probation Services the sum of Four Thousand Five Hundred & 00/100 ($4,500.00) Dollars in quarterly installments beginning January 1, 1978. 2. The City will lease.to Probations Services office space in the amount of one thousand square feet at the rate of Three & 00/100 ($3..00) Dollars. a square foot per year, total Three Thousand & 00/100 ($3,000.00) Dollars, which office space shall be located in the, basement of the Pasco City Hall. In addition thereto the City will allow Probation Services the use of,the City's photo -.copying machine without charge for the first one hundred fifty (150) copies. 3. If Probation Services, Inc., shall be -in default in the performance of any covenant contained herein and it is.not cured within ... ..., .... u...Jan u. .n�.n a. .-�.9y NRYlwiq�eanf�rwiwM�y},y.yyWY�!� 1.• ..- w.—meuu�r. �r.�ww�..�. ... .... .......-. i �..i. a/ -?ho..:-•:: ✓'.. i__d^_it__. '�tiae% �'::.%:��_-,.n-s. _�• .'N --..w-rn. w.. -i .-i� .. .. .t .-- .....�aV(.•,x... ....•. '�- +.. -. -2 - fifteen (15) days after receiving written notice thereof by the City or, if the default shall.be of•such a nature that it cannot be cured, then, in either event, the City may forthwith terminate this agreement,. 4. Probation Services agrees to indemnify and hold harmless the. City from any and all damage, loss or liability of any kind whatsoever occasioned on the demised premises by reason of any bodily injury or 4 death of any person or by.reason of any injury to property of third persons occasioned by any act, omission, neglect, or wrong doing of Probation Services, or any of its officers, agents, representatives, assigns, guests, employees, invitees or other persons admitted by Probation Services.to the demised premises, and it will, at it own expense and cost, defend and protect the City against any and all such claims or demands. 5. Probation Services shall not assign this agreement or any interest therein nor sublet said premises or any part thereof without having first obtained the written consent of the City. 6. Probation Services agrees to comply with all applicable laws and ordinances in the conduct of its business, and further agrees that the City shall have the right to enter upon said premises at all reasonable times for purposes of inspection to insure enforcement of the ordinances and laws governing Probation Services use of the demised premises. 7. Probation Services shall be and remain an independent contractor with respect to all services performed under this agreement, and does hereby accept full and exclusive liability for payment of any and all taxes due the State and Federal governments, including all contributions or taxes for social security, workmen's compensation insurance, unemployment insurance or old age retirement benefits, ' pension,or annuities now or.hereafter imposed under any State or Federal law, which are measured by wages, salaries or other renumeration paid persons employed by the Probation Services for work performed under the terms.of this agreement, and shall indemnify and save harmless the City from any such contributions.or taxes or any liability therefor. _y...,..'.: °`:""_-.__. -.. ., _.'"- h..,�.4.....�w.cM,�w�'ik��..,.:"�'r•,,...�..'�.�.:,�a...::.�.,»�...�...+�w!r,.a...e.F.,.«.,:r.w.v.n.,w..,.w.-:m.,...r...uo-.w.,.,r., ,.:.p»�..... ,,.......»._._ .---.... _ _ .... _ -3- 8. 3-8. Probation Services shall provide liability and property damage insurance with the City,named as insured thereon, protecting itself and the City from any damage or losses sustained by reason of any bodily injury or death of any person., or by reason of any injury to property of third persons occasioned by any act, omission, neglect, or wrong doing of Probation Services or any of its officers, agents, representatives,•..assigns, guestsi"invitees or other persons admitted by Probation Services to the demised premises. Such policy or policies of insurance shall provide for a liability limit on account of each accident resulting in bodily injury or death to one person of not less than Two.Hundred Fifty Thousand & 00/100 ($250,000.00) Dollars and a liability limit on account of accident resulting in bodily injury or death.to more than one person of not less than Five Hundred Thousand & 00/100 ($500,000.00) Dollars. The property damage policy shall provide for a liability limit on account of each accident of not less than Fifty Thousand & 00/100 ($50,000.00) Dollars. Said policies of " insurance shall be duly approved by the City and a certified copy thereof shall be filed with the City Clerk at the time of the execution of this agreement. 9. This agreement constitutes the entire agreement between the. parties hereto. IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and year first above written. CITY OF ASCO / I%, 7 ATTES� By: v r� �' eorg . Smith, City Manager Leo E. Olney, Ex Officio Ci Clerk APPROVE AS TO FORM: Michael E. Cooper, City Attorney BENTON-FRANKLIN NPPR;OBATION SERVICES, INC. By: