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Home My WebLink AboutSpecial 2012-12-10 Item 4D - Interlocal Agreement - Probation Services with City of SeaTacCOUNCIL AGJ- NDA SYNOPSIS Initials Meeting Date Prepared by Mayors review Coun ii review 12/10/12 LK l/ ) [ I Resolution Mtg Date I I Ordinance Mtg Date I I Bid Award Mfg, Date I I Public Hearing Mfg Date I I Other Alt; Date C.v1.1 GORY 11 Di.rcu 11 Altg Date Mtg SPONSOR I Council I HR n DCD Li Finance I Fire n IT I Pe%R H Police I I PIP ITEM INFORMATION ITEM No. b STAFF SPONSOR: LATRICIA KINLOW ORIGINM,AGIND:\ DAm: 12/10/12 G1.1NI),\ I'rI ;tiTI•I'1.1; Interlocal Agreement between City of Tukwila and the City of SeaTac for Probation Services r on 12/10/12 Motion/ Consent Date 12/10/12 [ I Resolution Mtg Date I I Ordinance Mtg Date I I Bid Award Mfg, Date I I Public Hearing Mfg Date I I Other Alt; Date C.v1.1 GORY 11 Di.rcu 11 Altg Date Mtg SPONSOR I Council I HR n DCD Li Finance I Fire n IT I Pe%R H Police I I PIP ►1 Mayor SPONSOR'S The City of SeaTac has agreed to contract municipal court probation services with the City SU \IM; \RY of Tukwila. The interlocal, drafted by Tukwila's City Attorney, was approved by the City of SeaTac for placement on their 12/10/12 Consent Agenda. We are asking the Council to approve this agreement and forward to the Mayor of Tukwila for signature. RI:.v I I {\W'U,D PV I I COW Mtg. n CA &P Cmte Li Utilities Cmte I I Arts Comm. DATE: 12/4/12 11 F &S Cmte Transportation Cmte Comm. — Planning Comm. CHAIR: QUINN - I I Parks COMMI'I'1'EE RECOMMENDATIONS: SPONSOR /ADMIN. COMMI TUKWILA MUNICIPAL COURT tT E Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE E \PI NDI"I'URI S RI SQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $14,500 - $30,000 $ $ Fund Source: REVENUE FROM THIS INTERLOCAL AGREEMENT Comments: Revenue is estimated at $70,000 per year, MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/10/12 Informational Memorandum dated 11/28/12 Draft Interlocal Agreement Minutes from the Finance and Safety Committee meeting of 12/4/12 Qi 32 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM MAYOR HAGGERTON FINANCE & SAFETY COMMITTEE FROM: KIMBERLY A. WALDEN, PRESIDING JUDGE BY: LATRICIA KINLOW, COURT ADMINISTRATOR DATE: NOVEMBER 28, 2012 SUBJECT: INTERLOCAL AGREEMENT — City of Tukwila and City of SeaTac for Probation Services ISSUE SeaTac Municipal Court is requesting to enter into a two year Interlocal Agreement with the City of Tukwila for probation services. The current ILA went into effect in April 2012 and ends December 31, 2012. A two year agreement is in line with Tukwila's biennial budget for 2013- 2014. 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 To support this ILA, Tukwila Municipal Court increased the Jail Alternative position from a .50 FTE position to a .75 FTE. The expense for the increase in this position is covered from the revenue received from SeaTac for probation services. Since entering into this agreement in April of 2012 SeaTac has remunerated over $55,000 to the City of Tukwila. Exhibit B of the agreement details the costs and fees SeaTac will remit to Tukwila for probation services. We estimate revenue at $70,000 per year for the 2013 -2014 budget cycle. RECOMMENDATION The Council is being asked to authorize the Mayor to sign the ILA and to forward the agreement to the Consent Agenda of the December 10, 2012 Special Meeting for approval. ATTACHMENTS Interlocal Agreement between the City of Tukwila and the City of SeaTac for Probation Services. 33 34 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, 2013 and shall remain in effect through December 31, 2014. 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, 2014, 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 35 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 36 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 IN WITNESS WHEREOF SeaTac and Tukwila have executed this Agreement: 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: Approved as to Form: Approved as to Form: City Attorney City Attorney Interlocal Agreement - 3 37 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. Interlocal Agreement - 4 38 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 Deferred Prosecution Pre - Sentence Investigation Jail Alternative Fees: Referral Fee Day Reporting Community Work Electronic Home Detention (non - alcohol related) Electronic Home Detention (alcohol related) Administrative Costs Monthly Probation Administrative Fee Interlocal Agreement - 5 $300.00 per case, per year $200.00 per case, per year $1200.00 per case $150.00 per case $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 $14.00 per case, per day plus $10.00 one -time processing fee $200.00 per month 39 40 FINANCE AND SAFETY COMMITTEE Meeting Minutes December 4, 2012 — 5:15p.m.; Conference Room #3 City of Tukwila Finance and Safety Committee PRESENT Councilmembers: De' Sean Quinn, Chair; Dennis Robertson and Kate Kruller Staff: Jack Pace, David Cline, Trish Kinlow, Mindy Breiner, Peggy McCarthy, Vicky Carlson, Stephanie Brown, Kim Gilman, Erika Eddins, Mary Miotke, Bob Giberson, Gail Labanara, Cyndy Knighton and Kimberly Matej CALL TO ORDER: Committee Chair Quinn called the meeting to order at 5:19 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Contract Renewal: Phones Services with Integra Telecom Staff is seeking Council approval to enter into a two -year agreement (Master Service Agreement) with Integra Telecom for phone services in an amount not to exceed $120,000. The current contract expired in June 2012, and services have been provided on a month -to -month basis since that time. Interga Telecom currently provides telephone services for the City's Voice Over Internet Protocol (VoIP) phone system. All City locations function on the same system, and are serviced by the same vendor. There are no substantive changes in the new agreement; however, there is an addendum that guarantees contract pricing and reimbursements of overage charges since July, pending contract renewal. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 10 SPECIAL MEETING CONSENT AGENDA. B. Interlocal Agreement: City of SeaTac for Probation Services Staff is seeking Council approval to enter into an Interlocal Agreement (ILA) to provide probation and jail alternative services to the City of SeaTac. The cities have an existing ILA for these services which went into effect on April 2012. The current agreement is set to expire on December 31, 2012. The ILA outlines SeaTac's use of Tukwila's probation services in order to increase probation availability, services and jail alternatives to their court customers. The current agreement has been beneficial for both cities. Staff estimates to receive $70,000 annually during the term of the 2013 -2014 Interlocal Agreement. As a reminder, SeaTac will still remain the presiding court for SeaTac related offenses. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 10 SPECIAL MEETING CONSENT AGENDA. C. Status of Non - Represented Position Reviews As outlined in Resolution No. 1769, staff returned to Committee to present information that was gathered as a result of research conducted on the reclassification evaluation of unrepresented positions which fell ± 5% outside of band compensation. Staff shared that the identified industry standard for position compensation ranges is as follows: • Within ± 5% is considered to be at market • Within ± 10% is considered near market • Within ± 15% is considered to be misaligned with the market 41 42