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Home My WebLink About12-056 - City of SeaTac - 2012 Probation Services12 -056 Council Approval 5/21/12 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. 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 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 9. Governina 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 IN WITNESS WHEREOF SeaTac and Tukwila have executed this Agreement this D3 of 1Nffi'�, ao/a City of Tukwila aggerton or e: City of SeaTac 41 Todd Cut/t, City Manager Date: Tukwila Municipal Court Ki; erly Walden, Presiding Judge Da e: q/24-1 j v Approved as to Form: City Attorney SeaTac Municipal Court Elizabeth Bej a residing Judge Date: Approved as to Form: QW"+vY City Attorney Interlocal Agreement 4 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 (1 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 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 $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) Interlocal Agreement 6