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Home My WebLink AboutFS 2014-11-18 Item 2A - Interlocal Agreement - 2015-2016 Probation Services with City of SeaTac 111A` ,(` ==1y,4 �:.' `� City of Tukwila a 4 o Jim Haggerton, Mayor 1905' ` '`? INFORMATIONAL MEMORANDUM TO: MAYOR HAGGERTON FINANCE & SAFETY COMMITTEE FROM: KIMBERLY A. WALDEN, PRESIDING JUDGE BY: LATRICIA KINLOW, COURT ADMINISTRATOR DATE: NOVEMBER 18, 2014 SUBJECT: INTERLOCAL AGREEMENT— City of Tukwila and City of SeaTac for Probation Services 2015-2016 ISSUE SeaTac Municipal Court is requesting to enter into an additional two year Interlocal Agreement with the City of Tukwila for probation services. A two year agreement is in line with Tukwila's biennial budget for 2015-2016. BACKGROUND Tukwila Municipal Court's Misdemeanant Probation Division is highly respected throughout the Washington State judiciary. This team, consisting of Mindy Breiner (Probation Officer) and Kerry Carlson (Jail Alternative Specialist), is known for their innovative ways of providing probation services. They are often sought-out by other municipal courts as a resource for dealing with probation related issues. SeaTac desires to avail itself of their services. Tukwila's City Attorney drafted the original agreement back in 2012, and attached is the proposed interlocal agreement that is being submitted to SeaTac's City Council for approval. The agreement is scheduled to go before their council for signature on December 9, 2014. The scope of service and details of the compensation for probation services are provided in Exhibits A and B of the interlocal agreement. The interlocal also specifies the indemnification for both the City of Tukwila and the City of SeaTac. FINANCIAL IMPACT To support this ILA, Tukwila Municipal Court increased the Jail Alternative position from a .50 FTE position to a .75 FTE back in 2012. The expense for the increase in this position is -covered from the revenue received from SeaTac for probation services. The City of Tukwila received $59,050 for probation services in 2013, and estimates the amount to be received from SeaTac for 2014 services to total approximately $52,000. Exhibit B of the agreement details the costs and fees SeaTac will remit to Tukwila for probation services. We estimate total revenue of $100,000 for the 2015-2016 budgets. RECOMMENDATION The Council is being asked to approve the Interlocal Agreement at the December 1, 2014 Regular Meeting under the Consent Agenda. ATTACHMENTS Interlocal Agreement between the City of Tukwila and the City of SeaTac for Probation Services. 1 2 INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND THE CITY OF SEATAC FOR PROBATION SERVICES THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, by and between the City of Tukwila ("Tukwila") and the City of SeaTac ("SeaTac"), for SeaTac's utilization of Tukwila's Probation Services ("Service"). WHEREAS, Tukwila currently provides Probation Services (the "Service") for its Municipal Court; WHEREAS, SeaTac desires to avail itself of the Service; NOW, THEREFORE, in consideration of the terms and provisions herein, it is agreed by and between Tukwila and SeaTac as follows: 1. Statement of Purpose. The purpose of this agreement is to define the parameters of SeaTac's utilization of Tukwila's Probation Services, which is administered by Tukwila Municipal Court. 2. Scope of Services. SeaTac hereby engages Tukwila to perform the services described in Exhibit A, Scope of Services, attached hereto and incorporated herein. During the term of this Agreement SeaTac or Tukwila may request changes in the Scope of Services. Any such change requires the mutual agreement of the parties and shall be effective upon execution of a written amendment. 3. Compensation. SeaTac agrees to pay the costs and fees set forth in Exhibit B, Cost and Fee Schedule, attached hereto and incorporated herein. Tukwila shall submit a monthly invoice to SeaTac Municipal Court for all probation services and administrative costs due. Payment shall be due within 30 days of the date of the invoice. 4. Duration. This Agreement shall take effect on January 1, 2015 and shall remain in effect through December 31, 2016. 5. Termination. Either party may terminate this Agreement by giving thirty (30) days written notice of termination to the other party. In the event that this Agreement terminates prior to December 31, 2016, SeaTac Municipal Court will invoice Tukwila Municipal Court within 30 days of termination of the Agreement for reimbursement for services paid by SeaTac Municipal Court but not yet rendered by Tukwila Municipal Court. Such invoice should include a detailed list of case numbers and defendants names. Interlocal Agreement - 1 20141022 3 6. Amendments. This agreement may be changed only by written amendment between SeaTac and Tukwila. Both parties will cooperate in preparing any documentation necessary to seek approval or to amend this agreement. 7. Independent Contractors. This Agreement shall not constitute, create, or otherwise imply an employment,joint venture, partnership, agency or similar arrangement. Each party to this Agreement shall act as an independent contractor, and neither party shall have the power to act for or bind the other party except as expressly provided for herein. No income, social security, state disability or other federal or state payroll tax shall be deducted from payments made to Tukwila under this Agreement. Tukwila's services shall be exempt from State sales, use or similar taxes. Tukwila may provide services to others during the same period Tukwila provides service to SeaTac under this Agreement. 8. Indemnification. A. SeaTac shall indemnify and hold harmless Tukwila 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 SeaTac, its officers, agents and employees, or any of them relating to or arising out of the performance of this Agreement; and if final judgment be rendered against Tukwila and its officers, agents and employees or any of them, or jointly against the Tukwila and SeaTac and their representative officers, agents and employees, or any of them, SeaTac shall satisfy the same to the extent that such judgment was due to SeaTac's negligent act or omissions. B. Tukwila shall indemnify and hold harmless SeaTac 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 Tukwila, its officers, agents and employees, or any of them relating to or arising out of the performance of this Agreement; and if final judgment be rendered against SeaTac and its officers, agents and employees or any of them, or jointly against SeaTac and Tukwila and their representative officers, agents and employees, or any of them, Tukwila shall satisfy the same to the extent that such judgment was due to the Tukwila's negligent act or omissions. 9. Governing Law and Venue. This Contract shall be governed by the laws of the State of Washington both as to interpretation and performance. Venue shall be in Superior Court in the State of Washington for King County. Interlocal Agreement - 2 20141022 4 10. Severability. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner. 11. Correspondence and Notices. All correspondence and notices related to this agreement shall be delivered or mailed to the following addresses: Tukwila: Tukwila Municipal Court 6200 Southcenter Blvd. Tukwila, WA 98188 SeaTac: SeaTac Municipal Court 4800 South 188th Street SeaTac, WA 98188 12. Interlocal Cooperation Act Provisions. It is not intended that a separate legal entity be established to conduct this cooperative undertaking. No special budget or funds are anticipated, nor shall any be created. The parties are each responsible for their own finances in connection with this Agreement, and nothing in this Agreement shall be deemed or construed otherwise. The parties do not intend to acquire, hold, or dispose of any real or personal property pursuant to this Agreement. IN WITNESS WHEREOF SeaTac and Tukwila have executed this Agreement this day.of November 2014. Tukwila Municipal Court SeaTac Municipal Court Kimberly Walden, Presiding Judge Elizabeth Bejarano, Presiding Judge Date: Date: City of Tukwila City of SeaTac Jim Haggerton, Mayor Todd Cutts, City Manager Date: Date: Interlocal Agreement - 3 20141022 5 Approved as to Form: Approved as to Form: City Attorney City Attorney • Interlocal Agreement-4 20141022 6 EXHIBIT A SCOPE OF SERVICES Tukwila Probation Services Tukwila agrees to provide the following services: To the degree permitted by law and ordered by SeaTac Municipal Court: 1. Provide supervised probation, monitored probation, deferred prosecution monitoring, and Pre-Sentence Investigations as ordered by the SeaTac Municipal Court("Court"). 2. Provide Jail Alternative services as ordered by the Court, including day reporting, community work, and electronic home detention. 3. Attend review calendars at the Court on the first(1st) Thursday of each month. 4. Assist the Court Administrator in developing a policy and procedure manual for SeaTac Probation. SeaTac agrees to provide the following services under this Agreement: 1. Provide Tukwila access to CaseloadPro case management system for two users. 2. Provide Tukwila with two key cards for access to Court offices. 3. Provide an appropriate meeting space in SeaTac City Hall for Tukwila Probation Services to use as an alternate location. 4. Provide Tukwila with JIS user names and passwords for all Tukwila Probation Services staff. 5. Refer all appropriate cases to Tukwila for the provision of those services indicated by this Agreement. 6. Provide payment to Tukwila for services rendered pursuant to Exhibit B, Costs. 7. Provide internet and JIS access to Tukwila Probation while performing services for SeaTac Municipal Court. Access includes but is not limited to hearings while in the SeaTac courtroom, and/or on SeaTac property. Interlocal Agreement - 5 20141022 7 EXHIBIT B COST AND FEE SCHEDULE PAYMENTS TO TUKWILA SeaTac shall be charged the following amounts for Tukwila Probation Services: Probation Services: Supervised Probation $300.00 per case, per year Monitored Probation $200.00 per case, per year Deferred Prosecution $1200.00 per case Pre-Sentence Investigation $150.00 per case Jail Alternative Fees: Referral Fee $25.00 per case Day Reporting $10.00 per case,per day Community Work $10.00 per case, per day Electronic Home Detention(alcohol related) $15.50 per case, per day plus $10.00 one-time processing fee Administrative Costs Monthly Probation Administrative Fee $200.00 per month Interlocal Agreement - 6 20141022 8