Loading...
HomeMy WebLinkAboutReg 2012-05-21 Item 5D - Interlocal Agreement - Probation Services with City of SeaTacCOUNCIL AGENDA SYNOPSIS Initials Prepared by Mayor's review LK Meetin Date 05/21/12 Council review ITEM NO. 5.D. i ITEM INFORMATION STAFF SPONSOR: LATRICIA KIN LOW I ORIGINAL AGENDA DATE: 5/21/12 AGENDA ITEM TITLE Interlocal Agreement between City of Tukwila and the City of SeaTac for Probation Services CATEGORY Discussion Motionl Consent Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date 5121112 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&'R Police PWI SPONSOR'S The City of SeaTac has agreed to contract municipal court probation services with the City SUMMARY of Tukwila. The interlocal agreement, drafted by Tukwila's City Attorney, is signed by the City of SeaTac, and we are asking the Council to authorize the Mayor to sign the Interlocal Agreement. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 05/08/12 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSOR /ADMIN. Municipal Court COMMITTEE Unanimous Approval; Forward to Consent Agenda COST IMPACT FUND SOURCE EXPENDITURE REQuMED AMOUNT BUDGETED APPROPRIATION REQUIRED $14,500 $30,000 $226,432.00 $240,932.00- 256,432.00 Fund Source: REVENUE FROM THIS INTERLOCAL AGREEMENT Comments: Minimum revenue of $45,000 is expected from this agreement MTG. DATE 5/21/12 I MTG. DATE 05/21/12 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 4/03/12 Interlocal Agreement Minutes from the Finance and Safety Committee of 5/8/12 51 52 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Kimberly A. Walden, Presiding Judge BY: Latricia Kinlow, Court Administrator DATE: April 3, 2012 SUBJECT: Interlocal Agreement with City of SeaTac for Probation Services ISSUE SeaTac Municipal Court is in need of probation and jail alternative services. They recently ended their contract with the person who provided services due to SeaTac's need to increase probation availability, services and jail alternatives to their court customers. RECOMMENDATION The Council is being asked to approve the agreement to forward the interlocal agreement to the consent agenda for approval. 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. SeaTac Municipal Court approached Tukwila Municipal Court to discuss the possibility of having probation services provided by Tukwila. We discussed the scope of services, the caseload impact on the Tukwila probation staff, as well as the benefits this service provides for both municipal courts. Tukwila's City Attorney drafted the attached interlocal agreement and SeaTac's City Council approved the signing of the agreement. 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 This agreement reimburses Tukwila for the service. SeaTac's participation in Tukwila's Jail Alternative Program will require an increase of .25 FTE for the Jail Alternative Specialist position. Exhibit B of the agreement details the costs and fees SeaTac will remunerate to Tukwila for probation services. The schedule includes a one -time fee of $15,000 for services Tukwila will provide for SeaTac's existing caseload. SeaTac's current caseload is approximately 90+ cases. We estimate annual caseload revenue of $45,000 based on the assignment of 7 probation cases per month. The projected expense resulting from the increase will range from $14,500 to $30,000. The determining factor of the increase will be based on the employee's decision to participate in the city's benefit package. ATTACHMENTS Interlocal Agreement between the City of Tukwila and the City of SeaTac for Probation Services. 53 54 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 Purroose. 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. SeaTac shall pay a one -time $15,000.00 Existing Caseload Fee for assuming SeaTac's current probation caseload. This fee will be invoiced over nine months at $1,666.67 per month. 4. Duration. This Agreement shall take effect on April 1, 2012 and shall remain in effect through December 31, 2012. 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, 2012, 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 Interlocal Agreement 1 55 but not yet rendered by Tukwila Municipal Court. Such invoice should include a detailed list of case numbers and defendants names. 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. Interlocal Agreement 2 56 9. Governiniz 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. 10. Severabilitv. 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 188 Street SeaTac, WA 98188 Interlocal Agreement 3 57 IN WITNESS WHEREOF SeaTac and Tukwila have executed this Agreement this day of March 2012. City of Tukwila Jim Haggerton, Mayor Date: Tukwila Municipal Court Kimberly Walden, Presiding Judge Date: Approved as to Form: City Attorney Interlocal Agreement 4 City of SeaTac Todd Cutts, City Manager Date: SeaTac Municipal Court Elizabeth Bejarano, Presiding Judge Date: Approved as to Form: City Attorney 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, or record checks 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 (0) 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. Interlocal Agreement 5 59 EXHIBIT B COST AND FEE SCHEDULE PAYMENTS TO TUKWILA SeaTac shall be charged the following amounts for Tukwila Probation Services: Probation Services: Supervised Probation Monitored Probation Record Check Only Deferred Prosecution $300.00 per case, per year $200.00 per case, per year $100.00 per case, per year $1200.00 per case Jail Alternative Fees: Intake Fee Day Reporting Community Work Electronic Home Detention Administrative Costs Monthly Probation Administrative Fee Existing Caseload Fee Interlocal Agreement 6 $25.00 per case $10.00 per case, per day $10.00 per case, per day $10.00 per case, per day plus $10.00 one -time processing fee per case $200.00 per month $15,000.00 (one -time fee) 1 City of Tukwila Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes May 8, 2012 5:15p. m.; Conference Room #3 PRESENT Councilmembers: De'Sean Quinn, Chair; Dennis Robertson and Kate Kruller Staff: Kim Walden, Trish Kinlow, Mindy Briener, Mike Villa, Peggy McCarthy, Derek Speck, David Cline and Kimberly Matej Guests: Jerry Thornton, Lynn Churchill, Art Rosengren and Jun Castillo COPCAB Members CALL TO ORDER: Chair Quinn called the meeting to order at 5:15 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Interlocal Agreement: Citv of SeaTac for Probation Services Staff is seeking Council approval to enter into an Interlocal Agreement to provide probation and jail alternative services to the City of SeaTac. The City of SeaTac would like to utilize the City of Tukwila's probation services in order to increase probation availability, services and jail alternatives to their court customers. Tukwila has the capacity to take on the SeaTac caseload, and would like to do such via an Interlocal Agreement. SeaTac will pay Tukwila a one -time fee of $15,000 to absorb SeaTac's current caseload, and new cases will be billed according to services and costs incurred (see Exhibit B, page 8 of the Committee agenda packet). Committee Member Robertson asked if this additional caseload would contribute to the high volume of traffic already being experienced at City Hall. Staff explained that they do not anticipate an increase due to this agreement, since SeaTac will still remain the presiding court for SeaTac related offenses, and probationary services are usually one -on -one interactions between the officer and client. Committee Member Robertson also commented that the agreement did not appear to cost Tukwila anything; as well, he confirmed that the Court has the capacity to support this additional function. Staff responded in the affirmative, stating that additional functions would require more Court space. UNANIMOUS APPROVAL. FORWARD TO MAY 21 CONSENT AGENDA. B. Lease for Neighborhood Resource Center Staff is seeking Council approval for two items relating to the re- opening of a Neighborhood Resource Center (NRC): Enter into a lease agreement with Mike West for the property located at 14862 Tukwila International Boulevard (formerly Southtowne Auto Rebuild) Expenditure of drug asset forfeiture funds in the amount of $74,071 for tenant improvements Due to budget cuts, the Police Department's Neighborhood Resource Center (NRC) was closed in early 2011. Since that time, police staff and citizens alike have noticed increased prostitution and drug- related activity in the Tukwila International Boulevard corridor. Although a new NRC is planned to be included in the Tukwila Village development, it will be approximately three years until the facility will be complete and functional. Staff believes it is important to the City and community to re -open the NRC as soon as possible, and have identified the former Southtowne Auto Rebuild as a potential location. Owner Mike West has agreed to a three -year lease with the City for use of a portion of the building as a Neighborhood Resource Center. .A