Loading...
HomeMy WebLinkAbout01-25-21 Council WorkshopTo join Zoom meeting, click here. Meeting ID: 829 7902 2499 Passcode: 641190 To join by mobile 1-253-215-8782 CALL TO ORDER Mayor Barb Tolbert PLEDGE OF ALLEGIANCE ROLL CALL Mayor Barb Tolbert – Wendy APPROVAL OF THE AGENDA Mayor Pro Tem Jesica Stickles INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS WORKSHOP ITEMS – NO FINAL ACTION WILL BE TAKEN 1.Interlocal Agreement with Snohomish County for Jail Services ATTACHMENT A Staff Presentation: Jonathan Ventura / Paul Ellis Council Liaison: Marilyn Oertle 2.Professional Services Agreement for Prosecutorial Services ATTACHMENT B Staff Presentation: Jonathan Ventura Council Liaison: Marilyn Oertle 3.Interlocal Agreement Establishing Snohomish Regional Drug Task Force ATTACHMENT C Staff Presentation: Jonathan Ventura Council Liaison: Jesica Stickles ADMINISTRATOR & STAFF REPORTS MAYOR’S REPORT COMMENTS FROM COUNCILMEMBERS/COUNCILMEMBER REPORTS Arlington City Council Workshop Monday, January 25, 2021 at 7:00 pm PUBLIC COMMENT For members of the public who wish to speak to the Council. Please limit your remarks to three minutes. REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING EXECUTIVE SESSION RECONVENE ADJOURNMENT Mayor Pro Tem Jesica Stickles / Mayor Barb Tolbert City of Arlington Council Agenda Bill Item: WS #1 Attachment A COUNCIL MEETING DATE: January 25, 2021 SUBJECT: Interlocal Agreement for Jail Services between Snohomish County and the City of Arlington ATTACHMENTS: Interlocal Agreement for Jail Services between Snohomish County and the City of Arlington DEPARTMENT OF ORIGIN Police; Jonathan Ventura, Chief 360-403-3400 EXPENDITURES REQUESTED: Budgeted BUDGET CATEGORY: General Fund - Police BUDGETED AMOUNT: $450,000 LEGAL REVIEW: DESCRIPTION: The City Council is asked to renew the Interlocal Agreement for Jail Services between Snohomish County and the City of Arlington. HISTORY: The City of Arlington Police Department does not maintain facilities to hold people serving short jail sentences, or to detain those awaiting court proceedings who may be a danger to public safety or a flight risk. The City of Arlington has historically contracted for these services. Workshop; discussion only. At the February 1 Council meeting, the recommended motion will be, “I move to approve the Interlocal Agreement for Jail Services between Snohomish County and the City of Arlington, and authorize the Mayor to sign it, subject to final review by the City Attorney.” INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON 1 of 12 INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON This INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON (this “Agreement”), is made and entered into this day of , 2021, by and between SNOHOMISH COUNTY, a political subdivision of the State of Washington (the “County”), and the CITY OF ARLINGTON, a municipal corporation of the State of Washington (the “City”) pursuant to Chapter 39.34 RCW and Chapter 70.48 RCW (individually, a “Party” and collectively, the “Parties”). RECITALS A. The County, through the Snohomish County Sheriff’s Office Corrections Bureau (“Corrections”) currently maintains and operates a correctional facility known as Snohomish County Jail (the “Jail”). In order to assist other jurisdictions, the County from time to time will enter into interlocal agreements to confine in the Jail persons from other jurisdictions. B. The County and City each have the statutory power and authority to maintain and operate a correctional facility and to confine inmates therein. C. The City from time to time desires to confine in the Jail persons who have been arrested, detained or convicted by the City of criminal offenses (the “City Inmates”), and the County is willing to furnish its Jail facilities and personnel in exchange for payment from the City of fees and costs, all as more fully described in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the respective agreements set forth below and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the City agree as follows: 1. Purpose of Agreement. This Agreement is authorized by and entered into pursuant to Chapter 39.34 RCW and Chapter 70.48 RCW. The purpose and intent of this Agreement is for the County and the City to work together efficiently and effectively in order that the County may provide the City with Jail Services (the “Services”), as defined in Section 4 below, based on the rules and conditions set forth in the Jail’s policies, procedures, rules and regulations and in this Agreement and any attachments hereto. 2. Effective Date and Duration. This Agreement shall govern jail services beginning on January 1, 2021, through December 31, 2023, unless earlier terminated pursuant to the provisions of Section 12 below, PROVIDED HOWEVER, that the term of this Agreement may be extended or renewed for up to two (2) additional three (3) year terms by written notice from the County to the City, PROVIDED FURTHER that each Party’s obligations after December 31, 2021, are contingent upon local legislative appropriation of necessary funds for this specific purpose in accordance with applicable law. INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON 2 of 12 This Agreement shall be either filed with the Snohomish County Auditor or listed on either Party’s website or other electronically retrievable public source, as provided by RCW 39.34.040 (“Effective Date”). 3. Administrators. Each Party to this Agreement shall designate an individual (an “Administrator”), who may be designated by title or position, to oversee and administer such Party’s participation in this Agreement. The Parties’ initial Administrators shall be the following individuals: ice Paul Ellis, City Administrator City of Arlington 238 N Olympic Avenue Arlington, WA 98223 Either Party may change its Administrator at any time by delivering written notice of such Party’s new Administrator to the other Party. 4. Scope of Services. As described in this Section 4 and subject to the conditions set forth in Section 5 below, the County will accept City Inmates for purposes of confinement, correction, punishment and/or rehabilitation, and hold such City Inmates until such time as they are lawfully discharged from custody pursuant to law, the terms of a judicial Order of Commitment, and/or returned to the custody of the City: 4.1 Effect of Ordinance, Policies, Procedures, Rules and Regulations. The Jail will be administered by the County in accordance with the ordinances, policies, procedures, rules and regulations of the County and in accordance with the rules and regulations of any agency of the State of Washington empowered to make rules governing the administration of county jails. The City and City Inmates shall be subject to the County’s ordinances, policies, procedures, rules and regulations relating to Jail operations, including any emergency security rules imposed by the County’s Administrator, PROVIDED, HOWEVER, that nothing in this Agreement shall be construed as creating, modifying, or expanding any duty on the part of the County except as specifically provided herein. Nothing in this Agreement shall be interpreted as a delegation by the City, or its judicial and law enforcement agencies, to the County of the duty to supervise City Inmates. 4.2 City Access to City Inmates. The City, its officers, employees, or agents, may interview City Inmates inside the confines of the Jail subject to necessary operational and security rules and regulations. Interview rooms will be made available on an equivalent basis to all jurisdictions with inmates confined in the Jail. 4.3 Transport of City Inmates. The City shall provide or arrange for transportation and security of its inmates to and from the Jail, including to and from City in-court appearances, except when (a) the County determines, in its sole discretion, that emergency INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON 3 of 12 transportation is necessary in order to secure medical and/or psychiatric evaluation or treatment, or (b) the County determines, in its sole discretion, that transportation is required to support the orderly operation of the Jail. The City shall attempt to provide the County with at least twenty- four (24) hours’ notice prior to transporting a City Inmate from the Jail. 4.4 Video Court. Upon request, and subject to availability and feasibility, the County will provide the City with use of the Jail’s “Video Court” services, which include, by way of example but not by way of limitation, the following types of services: use of County video camera(s), audio technology, and the video courtroom facility; scheduling inmates for appearances by video; and transporting inmates to and from the video courtroom; PROVIDED, HOWEVER, that the County shall have no liability or obligation for the installation, operation, maintenance, inspection, repair or replacement of the Video Court equipment operated by the City on City property. The County shall have discretion to set the date, time and duration of the City’s Video Court. The County, in its sole discretion, will establish a maximum number of City Inmates for each video courtroom calendar based upon operational limitations. The County will provide the City with a Video Court Schedule no later than ten (10) days after execution of this Agreement. The County may change or cancel the City’s Video Court Schedule by providing the City with at-least seven (7) days’ written notice. The County will deliver the City’s Inmate(s) to the video courtroom by at least thirty (30) minutes prior to the City Inmate(s) hearing time so that the City Inmate(s) may prepare for the hearing and meet with his or her respective legal counsel. The City shall provide the County with all paperwork requiring the signature of City Inmate(s) at least thirty (30) minutes before the start of the City’s scheduled Video Court time. In the event of a technical problem that the Parties are unable to repair in a timely manner, the Parties shall work together to reschedule the impacted hearings to be reheard as soon as practicable and at minimum, within two (2) judicial days. 4.5 Health Care of City Inmates. The County is hereby granted the authority to seek necessary medical, dental and mental health services for City Inmates without consulting with the City. The County shall notify the City prior to seeking treatment, unless immediate treatment is required, in which case, the County will notify the City as soon after the event as reasonably possible. During “Normal Business Hours”, defined as Monday through Friday, from 8:00 a.m. to 5:00 p.m., the City’s point of contact for City Inmate health issues will be as follows: Outside Normal Business Hours, the City’s point of contact for City Inmate health issues will be as follows: INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON 4 of 12 Any failure or error by the County to provide the City with proper notification of medical, dental and/or mental health services delivered to a City Inmate shall in no way excuse full, complete and timely payment by the City under Section 6 of this Agreement. The City and the County will comply with the requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and County policies and procedures regarding HIPAA. 4.6 Community Corrections. The County does not provide or oversee a Community Corrections Program or alternatives to confinement. 4.6.1 The term “Community Corrections Program” and “alternatives to confinement” includes but is not limited to: Electronic Home Detention, Work/Education Release, and Work Crew. 4.6.2 If the City wishes to provide a Community Corrections Program and/or “alternatives to confinement” options for City Inmates, the City shall not book such City Inmates into the Snohomish County Jail. 4.7 Administrative Booking. Upon request by the arresting officer or the City’s Administrator and when not otherwise prohibited by statute, court rule or court order, the County shall administratively book and immediately release a City Inmate. The County further reserves the right to administratively book and immediately release a City Inmate when, in the sole discretion of the County’s Administrator, the County is unable to accept the City’s Inmate for housing and when such action is not otherwise prohibited by statute, court rule or court order. 5. Conditions of Acceptance of City Inmates. The County shall provide Services to the City subject to the conditions set forth in this Section 5. Should the County, in its sole discretion, decline to accept or retain custody of a City Inmate for any of the reasons identified in this Section 5, the County shall notify the arresting officer in person or the City’s judicial or law enforcement agency of the non-acceptance and the reason for the non-acceptance. Acceptance of a City Inmate into the Jail shall be conditioned upon the following: 5.1 Obligation to Abide by Policies and Procedures. The City, its officers, employees and agents shall follow all Jail policies and procedures. 5.2 Documentation for Legal Basis for Confinement. Absent proper documentation providing a legal basis for confining the City Inmate, the County will have no obligation to receive the City Inmate into custody. Proper documentation for purposes of this section means an arrest warrant, judicial Order of Commitment, other order of a court of competent jurisdiction, or a properly completed Notice of Arrest. INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON 5 of 12 5.3 Health Care Clearance. The County will have no obligation to receive into custody or retain custody of a City Inmate absent a determination, on an ongoing basis, by Jail staff that the City Inmate (a) is medically and psychiatrically able to be housed in the Jail, and (b) does not need medical and/or psychiatric attention that would require treatment at a hospital or other type of health care facility. At all times, the County’s Administrator shall have final authority to determine whether a City Inmate is medically and/or psychiatrically fit for Jail. 5.4 Population Limits. The County shall have the right to return City Inmates to City custody if the Jail reaches the maximum allowable population level (the “MAPL”). The MAPL refers to the greatest number of inmates that can be held in the Jail in a safe, secure, and humane manner. The MAPL applies to the overall number of inmates, but may also be applied to specific populations of inmates (i.e. security level, medical need, mental health housing, etc.). The Snohomish County Sheriff, or his or her designee, shall determine, in his or her sole discretion, the MAPL. Every effort will be made to manage the MAPL, including booking restrictions. In the event that the MAPL is reached and the County determines that inmates must be removed from the Jail, priority for removal shall be as follows: (a) Inmates from out-of-county jurisdictions in reverse order from the date of execution of the respective jurisdictions’ interlocal agreements with the County; then (b) Inmates from in-county jurisdictions, including the City, in reverse order from the date of execution of the respective jurisdictions’ interlocal agreements with the County; then (c) Inmates confined on Snohomish County charges or commitments. The County’s Administrator shall have final authority on MAPL reduction measures, and in the event the County determines that City Inmates shall be removed from the Jail according to this priority schedule, the County will provide the City fourteen (14) days’ notice to remove City Inmates. 5.5 Earned Early Release. The County will release City Inmates in accordance with applicable statutes governing the calculation of jail commitments, including with respect to earned release time pursuant to Chapter 9.94A.729 RCW and Chapter 9.92.151 RCW. 6. Payment by City. 6.1 Proportional Billing. The County employs proportional billing practices when invoicing jurisdictions for Services. Attached hereto as Exhibit A and incorporated herein by this reference is an explanation of the County’s proportional billing practices. Commensurate with these practices, the City shall be invoiced only its proportionate share of the applicable Fees and Costs, as defined in Section 6.2 below, for a City Inmate under either of the following circumstances: 6.1.1 The City Inmate (a) is being held on criminal misdemeanor or gross misdemeanor charge(s) (whether or not formally arraigned) or on a warrant or court order INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON 6 of 12 issued by the City’s municipal court, (b) is not being held on any active County felony charge, and (c) cannot be removed by a Federal agency without regard to local charges; OR 6.1.2 The City Inmate is being held (a) on criminal misdemeanor or gross misdemeanor charge(s) (whether or not formally arraigned) or on a warrant or court order issued by the City’s municipal court, and (b) by the State of Washington for violation of the Offender Accountability Act, and the City has declined to transfer custody to the State of Washington. 6.2 Fees and Costs. 6.2.1 The County shall invoice the City a “Booking Fee” for each City Inmate for whom the County provides Services. For purposes of this Agreement, “Booking” means the act of registering, screening, and examining inmates for confinement in the Jail; Administrative Booking pursuant to Section 4.7; inventorying and safekeeping inmates’ personal property; maintaining all computerized records of arrest; performing warrant checks; and all other activities associated with processing an inmate for confinement. The Booking Fee is as follows: 2021 Booking Fee 2022 Booking Fee 6.2.2 The County shall invoice the City a per calendar day “Daily Maintenance Fee” for each City Inmate for whom the County provides Services. The Daily Maintenance Fee for all City Inmates is as follows: 2021 Daily Maintenance Fee 2022 Daily Maintenance Fee Should the Parties renew this Agreement beyond December 31, 2023, additional annual increases shall be calculated pursuant to Section 6.2.3. 6.2.3 Beginning January 1, 2023, the Booking Fee and Daily Maintenance Fee listed in Sections 6.2.1 and 6.2.2 shall increase on January 1 of each calendar year during the term of this Agreement by three (3) percent. The County shall provide the City notice of the Booking Fee and Daily Maintenance Fee increase by September 1 of each year. In the event direct cost to the County to provide jail services increases or decreases by a rate that is more than one (1) percent over the amount of the applicable Booking Fee and Daily Maintenance Fee, the Parties agree that the costs for the remainder of the term shall be renegotiated based on actual direct costs. 6.2.4 The County shall invoice the City for all costs incurred for necessary medical, dental, or mental health services to City Inmates, including, but not limited to, all medication, durable medical equipment, ambulance fees, and medical, dental, and mental INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON 7 of 12 health services provided outside the Jail (the “Medical Costs”). The Medical Costs do not include routine medical examinations, tests, procedures performed at the Jail by Jail staff or contractors. In addition, the Medical Costs do not include expenses covered by the City Inmate’s health insurance and/or public assistance for injuries suffered while in the custody of the County. The County will credit amounts received from the City Inmate’s own health insurance and applicable public assistance before billing the City. 6.2.5 The County shall invoice the City a “Video Court Fee” for each scheduled hour of Video Court time. The Video Court Fee per hour is as follows: 2021 Video Court Fee 2022 Video Court Fee The County may increase the Video Court Fee upon thirty (30) days’ notice to the City. 6.3 Invoicing and Payment. The City shall remain liable for complete and timely payment of all amounts invoiced. Invoices may be sent monthly, quarterly or on any other schedule that is mutually convenient to the Parties. Where complete payment is not tendered within thirty (30) days of the invoice date, the County may charge interest on the outstanding balance at a rate equal to the interest rate on the monthly County investment earnings. Should the City wish to dispute the amount of a particular invoice, it will (a) make complete and timely payment on the outstanding balance, and (b) deliver written notice of the dispute to the County within thirty (30) days of the invoice date. Failure to properly notify the County of any disputed amounts within thirty (30) days of the invoice shall constitute an acceptance by the City of all charges contained therein. Within fifteen (15) days of timely receipt of payment and the City’s written notice of dispute, the County shall review the disputed invoice. Should the County resolve the dispute in favor of the City, the disputed amounts will be credited towards the City’s next billing cycle, PROVIDED, HOWEVER, that upon termination of this Agreement, the County shall pay out to the City any such credited amounts. Withholding payment of any amount billed, regardless of whether the City has provided timely written notice of a disputed invoice, will constitute a default under Section 11 of this Agreement. 6.4 Records. Each Party may examine the other Party’s books and records to verify charges. The County shall maintain accurate time and accounting records related to the Services for a period of three (3) years following final payment. 7. Indemnification/Hold Harmless. 7.1 City Held Harmless. The County shall indemnify and hold harmless the City and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liabilities, losses, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the County, its officers, agents, and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any such suit based upon such a claim, action, loss, or damages is brought against the City, the County shall defend the same at its sole cost and expense; provided that the City reserves the right to participate in said suit if any principle of governmental or public law is involved; and INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON 8 of 12 if final judgment in said suit be rendered against the City, and its officers, agents, and employees, or any of them, or jointly against the City and the County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 7.2 County Held Harmless. The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liabilities, losses, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damages is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them, or jointly against the County and the City and their respective officers, agents, and employees, or any of them, the City shall satisfy the same. 7.3 Waiver Under Washington Industrial Insurance Act. The foregoing indemnity is specifically intended to constitute a waiver of each Party’s immunity under Washington’s Industrial Insurance Act, Chapter 51 RCW, as respects the other Party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor’s employees. The Parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 8. Liability Related to City Ordinances, Policies, Rules and Regulations. In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, policy, rule or regulation is at issue, the City shall defend the same at its sole expense and, if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and reasonable attorney’s fees. 9. Insurance. Each Party shall maintain its own insurance and/or self-insurance for its liabilities from damage to property and/or injuries to persons arising out of its activities associated with this Agreement as it deems reasonably appropriate and prudent. The maintenance of, or lack thereof of insurance and/or self-insurance shall not limit the liability of the indemnifying part to the indemnified Party(s). Each Party shall provide the other with a certificate of insurance or letter of self-insurance annually as the case may be. 10. Compliance with Laws. In the performance of its obligations under this Agreement, each Party shall comply with all applicable federal, state, and local laws, rules and regulations. 11. Default and Remedies. INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON 9 of 12 11.1 Default. If either the County or the City fails to perform any act or obligation required to be performed by it hereunder, the other Party shall deliver written notice of such failure to the non-performing Party. The non-performing Party shall have fifteen (15) days after its receipt of such notice in which to correct its failure to perform the act or obligation at issue, after which time it shall be in default (“Default”) under this Agreement; provided, however, that if the non-performance is of a type that could not reasonably be cured within said fifteen (15) day period, then the non-performing Party shall not be in Default if it commences cure within said fifteen (15) day period and thereafter diligently pursues cure to completion. 11.2 Remedies. In the event of a Party’s Default under this Agreement, then after giving notice and an opportunity to cure pursuant to Section 11.1 above, the non-Defaulting Party shall have the right to exercise any or all rights and remedies available to it in law or equity. In addition, if the City fails to make payment on an outstanding invoice within the time to cure and the City has not disputed the invoice as provided in Section 6.3, the City shall have no further right under this Agreement to deliver custody to or otherwise house City Inmates at the Jail and shall, at the County’s request, remove all City Inmates from the Jail within fourteen (14) days of notice to do so. Thereafter, the County may, in its sole discretion, accept City Inmates to the Jail if all outstanding invoices are paid. 12. Early Termination. 12.1 Termination by the County. Except as provided in Section 12.3 below, the County may terminate this Agreement at any time, with or without cause, upon not less than ninety (90) days advance written notice to the City. The termination notice shall specify the date on which the Agreement shall terminate. 12.2 Termination by the City. The City may terminate this Agreement at any time, with or without cause, upon not less than ninety (90) days advance written notice to the County and the Washington State Office of Financial Management. The termination notice shall specify the date on which the Agreement shall terminate, the grounds for termination, and the specific plans for accommodating the affected jail population. 12.3 Lack of Funding. This Agreement is contingent upon governmental funding and local legislative appropriations. In the event that funding from any source is withdrawn, reduced, limited, or not appropriated after the effective date of this Agreement, this Agreement may be terminated by the County immediately by delivering written notice to the City. The termination notice shall specify the date on which the Agreement shall terminate. 12.4 Calculation of Costs Due Upon Early Termination. Upon early termination of this Agreement as provided in this Section 12, the City shall pay the County for all Services performed up to the date of termination. The County shall notify the City within thirty (30) days of the date of termination of all remaining costs. No payment shall be made by the City for any expense incurred or Services performed following the effective date of termination unless authorized in writing by the City. 13. Dispute Resolution. In the event differences between the Parties should arise over INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON 10 of 12 the terms and conditions of this Agreement, the Parties shall use their best efforts to resolve those differences through their Administrators on an informal basis. If those differences cannot be resolved informally, the matter shall be referred for mediation to a mediator mutually selected by the Parties. If mediation is not successful, either of the Parties may institute legal action for specific performance of this Agreement or for damages. The prevailing Party in any legal action shall be entitled to a reasonable attorneys’ fee and court costs. 14. Notices. All notices required to be given by any Party to the other Party under this Agreement shall be in writing and shall be delivered either in person, by United States mail, or by electronic mail (email) to the applicable Administrator or the Administrator’s designee. Notice delivered in person shall be deemed given when accepted by the recipient. Notice by United States mail shall be deemed given as of the date the same is deposited in the United States mail, postage prepaid, and addressed to the Administrator, or their designee, at the addresses set forth in Section 3 of this Agreement. Notice delivered by email shall be deemed given as of the date and time received by the recipient. 15. Miscellaneous. 15.1 Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof and supersedes any and all prior oral or written agreements between the Parties regarding the subject matter contained herein. This Agreement may not be modified or amended in any manner except by a written document executed with the same formalities as required for this Agreement and signed by the Party against whom such modification is sought to be enforced. 15.2 Conflicts between Attachments and Text. Should any conflicts exist between any attached exhibit or schedule and the text or main body of this Agreement, the text or main body of this Agreement shall prevail. 15.3 Governing Law and Venue. This Agreement shall be governed by and enforced in accordance with the laws of the State of Washington. The venue of any action arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Snohomish County or King County. In the event that a lawsuit is instituted to enforce any provision of this Agreement, the prevailing Party shall be entitled to recover all costs of such a lawsuit, including reasonable attorney’s fees. 15.4 Interpretation. This Agreement and each of the terms and provisions of it are deemed to have been explicitly negotiated by the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either of the Parties hereto. The captions and headings in this Agreement are used only for convenience and are not intended to affect the interpretation of the provisions of this Agreement. This Agreement shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON 11 of 12 15.5 Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in full force and effect, to the extent permitted by law. 15.6 No Waiver. A Party’s forbearance or delay in exercising any right or remedy with respect to a Default by the other Party under this Agreement shall not constitute a waiver of the Default at issue. Nor shall a waiver by either Party of any particular Default constitute a waiver of any other Default or any similar future Default. 15.7 No Assignment. This Agreement shall not be assigned, either in whole or in part, by either Party without the express written consent of the other party, which may be granted or withheld in such Party’s sole discretion. Any attempt to assign this Agreement in violation of the preceding sentence shall be null and void and shall constitute a Default under this Agreement. 15.8 Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign this Agreement. 15.9 Independent Contractor. The County will perform all Services under this Agreement as an independent contractor and not as an agent, employee, or servant of the City. The County shall be solely responsible for control, supervision, direction and discipline of its personnel, who shall be employees and agents of the County and not the City. The County has the express right to direct and control the County’s activities in providing the Services in accordance with the specifications set out in this Agreement. The City shall only have the right to ensure performance. 15.10 No Joint Venture. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture or other joint enterprise between the Parties. 15.11 No Separate Entity Necessary. The Parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. 15.12 Ownership of Property. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either Party in connection with its performance under this Agreement will remain the sole property of such Party, and the other Party shall have no interest therein. 15.13 No Third Party Beneficiaries. This Agreement and each and every provision hereof is for the sole benefit of the City and the County. No other persons or Parties shall be deemed to have any rights in, under or to this Agreement. 15.14 Force Majeure. In the event either Party’s performance of any of the provisions of this Agreement become impossible due to circumstances beyond that Party’s control, INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH COUNTY AND THE CITY OF ARLINGTON 12 of 12 including without limitation, force majeure, strikes, embargoes, shortages of labor or materials, governmental regulations, acts of God, war or other strife, that Party will be excused from performing such obligations until such time as the Force Majeure event has ended and all facilities and operations have been repaired and/or restored. 15.15 Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written. COUNTY: Snohomish County, a political subdivision of the State of Washington By Name: Dave Somers Title: County Executive CITY: City of Arlington, a Washington municipal corporation By Name: Barbara Tolbert Title: Mayor Approved as to Form: Deputy Prosecuting Attorney Approved as to Form: City Attorney Approved as to Indemnification and Insurance: A-1 EXHIBIT A Proportionate Billing The County uses a proportional billing process to calculate fees and charges for each inmate. As a result, if multiple jurisdictions have an open charge on an individual inmate, the jurisdictions will each share equally the fees and costs as long as an open charge persists for that jurisdiction. When a contracting jurisdiction’s charge is closed, that jurisdiction drops from the proportional billing process, and the proportional billing is recalculated without that jurisdiction. Each day the County shall examine the open charges for each active booking and apply uniform rules for determining billable charges and identifying the billable jurisdiction. The procedure employed by the County for determining the billable charges and responsible jurisdictions is outlined below and references the County’s internal billing system. The procedure continues in sequence through the outlined series of steps only so far as needed to isolate a billable charge and determine the jurisdiction responsible for payment. 1. Select “All Felony Charges.” a. If there is more than one felony charge or if there is one felony charge and a Washington State Department of Corrections (the “DOC”) hold, go to Step 2. b. If there is one felony charge but no DOC hold, do not invoice. c. If there are no felony charges, go to Step 3. 2. Select “Arresting Agency DOC-Parole-Olympia.” a. If there are no other arresting agency charges and all felony charges are with DOC, invoice DOC. b. If there is a DOC hold and additional local charges (that is, charges from jurisdictions that have an interlocal agreement for jail services with the County), do not invoice. c. If there is a DOC hold and non-local additional charges (that is, charges from jurisdictions that do not have an interlocal agreement for jail services with the County), invoice DOC. 3. Select “All Misdemeanor Charges.” a. If there is only one misdemeanor charge, invoice the charging jurisdiction. b. If there is more than one misdemeanor charge from more than one jurisdiction, invoice each jurisdiction in equal shares. If a jurisdiction has multiple open misdemeanor charges, the jurisdiction is only invoiced as one element of the proportional billing process. Snohomish County shall be invoiced its proportional share where applicable. Example: If City A has one open misdemeanor and City B has two open misdemeanor charges, all at the same time, each city is billed for fifty percent (50%) of the Fees and Costs for that inmate. A-2 4. Drop jurisdictions with closed charges. Example: City X has one open misdemeanor charge, and City Y has one open misdemeanor charge. City Y’s charge is closed. City X is billed for one hundred percent (100%) of the Fees and Costs for that inmate from then on. City of Arlington Council Agenda Bill Item: WS #2 Attachment BCOUNCIL MEETING DATE: January 25, 2021 SUBJECT: Professional Services Agreement for Prosecutorial Services with Zachor & Thomas, Inc., P.S. ATTACHMENTS: Letter from Zachor & Thomas, Inc., P.S. DEPARTMENT OF ORIGIN Police; Jonathan Ventura, Chief 360-403-3400 EXPENDITURES REQUESTED: $19,000 Additional ($200,00 Budgeted) BUDGET CATEGORY: General Fund - Police BUDGETED AMOUNT: $200,000 LEGAL REVIEW: DESCRIPTION: This Professional Services Agreement for Prosecutorial Services includes representing the City of Arlington in prosecuting contested code and traffic infractions held at Marysville Municipal Court and Cascade District Court through arraignments, pretrial hearings, motion hearings, review hearings and Workshop; discussion only. At the February 1 Council meeting, the recommended motion will be, “I move to approve the Professional Services Agreement for Prosecutorial Services with Zachor & Thomas, Inc., P.S., and authorize the Mayor to sign it, subject to final review by the City Attorney.” Attorneys at Law: H. James Zachor, Jr. James M. Zachor Chad Krepps Yelena Stock Jeffrey Leeper Hana Lee Legal Assistants: Erin M. Ortega Alisa Das Alena Stock Zachor & Thomas, Inc., P.S. Prosecuting Attorneys The Sunset Building 23607 Highway 99, Suite 1D Edmonds, WA 98026 Tel. 425.778.2429 FAX 425.778.6925 City of Arlington City of Edmonds City of Lake Stevens City of Lynnwood City of Mill Creek City of Monroe City of Mukilteo City of Sultan Town of Woodway 1 2021 Arlington Contract Letter September 16, 2020 Dear Chief Ventura, We would like to revisit the discussion regarding renewal of our prosecution contract as the current contract ends December 31, 2020. Given the change in court location, significant increase in the number of case filings and our continued, temporary required presence at Marysville Municipal Court (until all filed cases are resolved, hopefully completed by mid-July2021) and Cascade District Court, we are proposing a new 3-year contract extension for prosecution services that will take us through 2024, with a renewal clause. Over the past year, prosecution services for the City of Arlington has seen significant changes. Perhaps the most important change is that the number of filing from 2018 to 2019 has increased drastically. In 2018, Arlington filed a total of 729 criminal cases (456 criminal non-traffic – “CN” (Theft 3, Trespass, PDP, etc.), 228 criminal traffic – “CT” (all criminal traffic not DUI/Physical Control), and 45 DUI/Physical control). Compare that with 2019 in which Arlington filed 1102 criminal cases (CN- 646, CT -340, DUI/PC – 116). This represents an increase in the number of cases prosecuted by approximately 51% or about 373 cases. Additionally, the number of DUI/Physical Control cases has increased significantly from 45 DUI/PC cases in 2018 to 116 DUI /PC cases in 2019 which is a 157% increase or about 71-cases. DUI/Physical Control cases also tend to be more complicated and time consuming, especially give the toxicology lab delay for blood test results of approximately 10 months to a year. In addition to criminal cases, our office also handles the City’s civil infractions. We prepare discovery for attorneys, negotiate cases, and appear for all contested calendars. While at Marysville Municipal Court, our office only appeared at hearings that involved an attorney or where an officer was subpoenaed to testify. With our move to Cascade District Court, we will be required to appear on all contested infraction cases as the attorney and pro se cases will be combined. In 2018, Arlington filed 1,093 civil infractions (Traffic – 1032, Non-traffic – 27, Parking – 34). In 2019, there was an increase to 1,342 civil infractions (Traffic – 1226, Non-traffic 16, Parking – 100). This represents an increase in cases by approximately 22% or 249 cases. The current case volume is on pace to increase this year and beyond as well. With every new officer the City adds, the more criminal and civil infractions will be filed. On average a police officer will file between 50 – 100 misdemeanor criminal cases per year. With four new officers, Attorneys at Law: H. James Zachor, Jr. James M. Zachor Chad Krepps Yelena Stock Jeffrey Leeper Hana Lee Legal Assistants: Erin M. Ortega Alisa Das Alena Stock Zachor & Thomas, Inc., P.S. Prosecuting Attorneys The Sunset Building 23607 Highway 99, Suite 1D Edmonds, WA 98026 Tel. 425.778.2429 FAX 425.778.6925 City of Arlington City of Edmonds City of Lake Stevens City of Lynnwood City of Mill Creek City of Monroe City of Mukilteo City of Sultan Town of Woodway 2 2021 Arlington Contract Letter the number of additional cases that need to be processed, reviewed and prosecuted could increase the criminal filings from 1102 (2019) to approximately 1300 to 1500 criminal cases per year. Additional staffing will be required to effectively and vigorously prosecute these cases and the proposed increase accounts for the current as well as any future increase. In addition to the normal criminal and civil infractions cases, Arlington has been a leader in applying for Extreme Risk protections orders (ERPO) in Snohomish County. Currently, my office has prosecuted five ERPOs in the last two years (four new and 1 renewal). Typically, these cases are billed separately per hour. As a part of the proposed increased, our office would include up to three ERPOs per year, with any additional covered in the separate hourly billing. This would include petition preparation, attendance at both the temporary and full order hearings at the district court and superior court, respectively. This would also include any work on subsequent renewals of those orders. The average amount of time spent on these cases ranges from 4 hours to 10+ hours depending on the complexity of the case. This results in additional billing of between $600.00 - $1,500.00+ per ERPO. Another consideration is that the prosecution of Arlington cases moved from Marysville Municipal Court to Cascade District Court. Despite this exciting transition, a significant number of cases, specifically DUI/Physical Control cases and Domestic Violence cases remain at Marysville Municipal Court. As a result of this, the prosecutor is required to appear at a minimum of two calendars every morning (Marysville Jail and District Court Jail calendars). This requires that at least two attorneys cover Arlington cases, whereas, currently on Mondays and every other Tuesday, we have three attorneys appearing (two jail calendars and one out of custody Pre-trial calendar) for Arlington cases. The more in-court time our attorneys spend, the greater the cost to the City. With the COVID pandemic and with the increased use of video hearings, both Marysville and Cascade are also adding more calendars to accommodate dispositions. While the hearings can be conducted via video, both courts prefer the prosecutor to appear in person to facilitate the exchange of paperwork. We must budget for all appearances and be sure to have additional coverage should the courts continue to add calendars. The increased distance to appear at Cascade District Court has also increased the time and cost of appearing as our office also reimburses for mileage, but also increased travel time for attorneys appearing there. In addition to the increase of court appearances, the cost of quality attorneys continues to rise. While the COVID pandemic has generated a significant surplus of attorneys looking for a job, it Attorneys at Law: H. James Zachor, Jr. James M. Zachor Chad Krepps Yelena Stock Jeffrey Leeper Hana Lee Legal Assistants: Erin M. Ortega Alisa Das Alena Stock Zachor & Thomas, Inc., P.S. Prosecuting Attorneys The Sunset Building 23607 Highway 99, Suite 1D Edmonds, WA 98026 Tel. 425.778.2429 FAX 425.778.6925 City of Arlington City of Edmonds City of Lake Stevens City of Lynnwood City of Mill Creek City of Monroe City of Mukilteo City of Sultan Town of Woodway 3 2021 Arlington Contract Letter remains that the cost of a quality attorney comes with a price, albeit lower than in previous years. While we have been lucky to retain highly competent, skilled and professional attorneys and staff, that also comes with a price. The average salary for a new attorney with no prosecution experience ranges from $63,000.00 - $66,000.00 (plus full medical benefits, bar dues, retirement matching, malpractice coverage, mileage reimbursement and paid CLE credits). This does includes the cost and time of a supervising attorney training the new attorney. A prosecutor with one or more years of prosecution experience can range from $66,000.00 - $75,000.00 or more, plus benefits. Our attorneys for Arlington are not entry level attorneys, as currently the average experience of attorneys handling Arlington cases is about 12 years of prosecutorial experience. To retain experienced and highly trained attorneys, we need to pay on or near the same level as surrounding Cities and the County. Other cost increases have contributed to the rise in costs. In 2019, our firm implemented several technological changes that has had the combined effect of increasing cost of operating costs but also saving employee costs in time and money to the both the city and our office. In July of 2019, our firm began using a digital file management system called Prosecutor by Karpel (“PbK”). This file management system allowed our firm to go near paperless. Arlington was the first city we chose to fully integrate and use this program. In late 2019 our firm also began hosting our own SharePoint site so that the Arlington police department can easily upload all police reports and evidence via this site, as opposed to printing and copying evidence to CD’s and mailing to our office, thereby saving money on both sides. Additionally, there are future plans to create a “bridge” between PbK and the department’s report management system “New World.” This bridge will permit the police department and our office to further streamline the exchange of police reports and evidence as the police department will be able to near-instantly upload a report directly to our file management system. This bridge, however, also comes at a cost. On our end, it is a $10,000 cost plus yearly maintenance fees. Police Department costs (for all of our jurisdictions) is a one-time cost of approximately $12,000-$15,000, which is split among the participating cities based on number of case filings. This a cost that our office is willing to incur as a part of a three- year extension of the contract, if and when it becomes a reality. We are hopeful this will occur in early- to mid-2021. Given the significant increase in filings as well the other reasons outlined above, our proposal is to renew our contract for Prosecuting Attorney services for an additional three-year period and to increase the overall Prosecuting Attorney contract amount to $18,250 per month. Annually, that Attorneys at Law: H. James Zachor, Jr. James M. Zachor Chad Krepps Yelena Stock Jeffrey Leeper Hana Lee Legal Assistants: Erin M. Ortega Alisa Das Alena Stock Zachor & Thomas, Inc., P.S. Prosecuting Attorneys The Sunset Building 23607 Highway 99, Suite 1D Edmonds, WA 98026 Tel. 425.778.2429 FAX 425.778.6925 City of Arlington City of Edmonds City of Lake Stevens City of Lynnwood City of Mill Creek City of Monroe City of Mukilteo City of Sultan Town of Woodway 4 2021 Arlington Contract Letter would be $219,000 for contract year 2021-2022, with a 3% cost of living increase per year for the contract years 2022-2023, 2023-2024. This increase would account for the increase in filings, costs incurred with multiple courts, as well as increased operating costs and ability to retain highly skilled attorneys and staff to vigorously prosecute Arlington cases. If we were to charge per case, using only criminal cases from 2019, it would break down to approximately $198.72 per case. Our office prosecutes criminal cases as well as civil infractions and civil code violations. If we were to account for all those filings, based on the 2019 numbers, at 2224 (1102 criminal and 1,342 civil), our per case rate would be approximately $89.60 per case. On the low end, public defenders are compensated $250.00 per case. This proposed increase would also include, three new ERPOs (and include work on any yearly renewals) per contract year. Finally, if the City were to agree to a three-year renewal, our office would include paying the cost for Arlington’s portion of the PbK/New World bridge. We recognize this increase is significant. Our Office does not foresee a reduction in case filings, but rather an increase with the addition of four new officers. This increase will put our office in the best position to continue to effectively and efficiently prosecute cases for the City, manage the growth within the City, and to participate in the continued successful transition to Cascade District Court. We look forward to future discussions with the City regarding our contract and coming to a mutually acceptable agreement with the City. Very Truly Yours, ___________________________ James M. Zachor, WSBA 41688 Vice President Zachor and Thomas, Inc., P.S. City of Arlington Council Agenda Bill Item: WS #3 Attachment C COUNCIL MEETING DATE: January 25, 2021 SUBJECT: Interlocal Agreement Establishing Snohomish Regional Drug Task Force ATTACHMENTS: Interlocal Agreement Establishing Snohomish Regional Drug Task Force DEPARTMENT OF ORIGIN Police; Jonathan Ventura, Chief 360-403-3400 EXPENDITURES REQUESTED: Budgeted BUDGET CATEGORY: General Fund - Police BUDGETED AMOUNT: $5,500 LEGAL REVIEW: DESCRIPTION: This Interlocal Agreement allows participating jurisdictions to jointly coordinate selected law enforcement activities, resources, and functions, in order to disrupt illegal drug trafficking systems and to remove drug traffickers through a cooperative program of investigation, prosecution, and asset