Snohomish County Interlocal Agreement for Jail ServicesNo. PVC) jof
(City Clerk Use Only)
CONTRACT ROUTING FORM
Z Originator: Jim Lawless Routed by:
II Department/Division: Police Date:
a
„ Name of Consultant/Contractor: Snohomish County
u) CONTRACT TITLE:
W Interlocal Agreement for Jail Services
F7Type of Contract:1-1 (GR) Grants (1) Intergovernmental Agreement
Fz � (S) Purchase of Services � (W) Public Works
Z
W
Z Bid/RFP Number:
1 U 01 /01 /2021 I Effective Date: Completion Date:
F-
V Has the original City contract boilerplate language been modified? OYes O No
i
F If yes, specify which sections have been modified: Rates
pDescription
V of Services: Jail services for all misdemeanor arrests.
Total Amount of Contract:
i
Budget # Amount:
co
J
Budget # Amount:
W
G
Q Budget # Amount
V
Z I Are there sufficient funds in the current budget to cover this contract? ' Yes
Z
i LL : Remarks:
Authorization Level: Mayor
W
O No
Jim Lawless
01/26/2021
(L) Lease Agreement
❑ (0) Other
12/31 /2023
LL
1. Project Manager 6. City Council Approval
Q 2. Risk Management/Budget Date (if applicable) January 19, 2021
Z 3. City Attorney ❑ 7. Mayor
4. Consultant/Contractor 8. City Clerk
N 5. Other
INTERLOCAL AGREEMENT FOR JAIL SERVICES
BETWEEN SNOHOMISH COUNTY AND THE CITY OF t-7 & (Y, � ,:. ),.5
This INTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH
COUNTY AND THE CITY (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 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 tirne 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 I of 12
BETWEEN SNOHOMISH COUNTY AND THE CITY OF
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:
County's Initial Administrator: City's Initial Administrator:
Jamie Kane, Corrections Bureau Chief L,Zo,a
Snohomish County Sheriff's Office s4l ", 5. t �y
Corrections Bureau Aso _5
3000 Rockefeller Avenue M/S 509
Everett, Washington 98201
Either Party may change its Administrator at any time by delivering written notice of such
Party's new Administrator to the other Party.
4. Scone oi' 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 frorn 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 lnmatm 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 2 of 12
BETWEEN SNOHOMISH COUNTY AND THE CITY OF E,\ a�s
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
carnera(s), audio technology, and the video courtroom facility; scheduling inmates for appearances
by video; and transporting inmates to and frorn the video courtroorn; 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, tirne 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 Pal -ties 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:
tits -1y7 I _ ❑ �X oa
Outside Normal Business Hours, the City's point of contact for City Inmate health issues will be
as follows:
INTERLOCAL AGREEMENT FOR JAIL SERVICES 3 of 12
BETWEEN SNOHOMISH COUNTY AND THE CITY OF FA7 nr.Q k4l s
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 Administralive 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 Inirate for
housing and when such action is not otherwise prohibited by statute, court rule or court order.
5. Conditions of Acceptance of City Inniates. 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 Oblilation to Abide by Policies and Procedures. The City, its officers,
employees and agents shall follow all .fail 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 4 of 12
BETWEEN SNOHOMISH COUNTY AND THE CITY OFC—Arr,. ,A 5,
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.
5A 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 5 of 12
BETWEEN SNOHOMISH COUNTY AND THE CITY OF _Ua rvN ua c�
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 Bookin Fee
$128.88 1 $134.70
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 Dai ly
Maintenance Fee for all City Inmates is as follows:
2021 Daily Maintenance 2022 Daily Maintenance
Fee Fee
$142.63 $187,46
Should the Parties renew this Agreement beyond December 31, 2023, additional annual
increases shall be calculated pursuant to Section 6.23,
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 6 of 12
BETWEEN SNOHOMISH COUNTY AND THE CITY OF C
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 frorn 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
$207.96 $223.12
The County may increase the Video Court Fee upon thirty (30) days' notice to the City.
6.3 In_v_oicing 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 arnounts 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 1 1 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.
T 1 City Hold Harmless, The County shall indemnify and hold harmless the City
and its officers, agents, and employees, or any of there from any and all claims, actions, suits,
liabilities, losses, costs, expenses, and darnages 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 thern 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 AGRF,EMENT FOR JAIL SERVICES 7 of 12
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if final judgment in said suit be rendered against the Ci�y, and its officers, agents, and employees,
or any of then), or jointly against the City and the County and their respective officers, agents, and
employees, or any of there, the County shall satisfy the same.
7.2 Cotinty Held Harmless. The City shall indemnify and hold harmless the
County and its officers, agents, and employees, or any of them frorn 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 thern 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 Washin ton 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 indernity
of clairns made by the indemnitor's employees. The Patties acknowledge that these provisions
were specifically negotiated and agreed upon by them.
8. Liability Related to City Ordinances, Policies, Rules and Rcuulations. 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, ifjudgment 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 darnage 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 limitthe liability ofthe 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. Carnnliallce with I,MV5. 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 8 of 12
BETWEEN SNOHOMISH COUNTY AND THE CITY OF ��.croals
1 I.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 `l'ei-mimitiou.
12.1 Te:rmina lion by the County. F,xcept as provided in Section 12.3 below, the
County may terminate this Agreement at any tirne, 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 (lie 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. Uisptite Resolution, In the event differences between the Parties should arise over
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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 Eaitire 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 `I'cxt. 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
Snohornish 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 Intergiytation, 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 al I 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.
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15.5 Severa.bility. 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 shal I a waiver by either Party of any particular Default constitute
a waiver of any other Default or any similar future Default.
15.7 Nq AssignmeEtl. 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 Audlority. 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 wiI I 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,
tNTERLOCAL AGREEMENT FOR JAIL SERVICES I I of 12
BETWEEN SNOHOMISH COUNTY AND THE CITY OF a s
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
M
Name: Dave Somers
Title: County Executive
Approved as to Form:
Deputy Prosecuting Attorney
Approved as to Indemnification and
Insurance:
Risk Management
CITY:
City of C.\rnaa. , a Washington
municipal corporation
By�
Nay e:
Title; _ F
Approved,u to Form:
r'
r f.
City Attorney
INTERLOCAL AGREEMENT FOR JAIL SERVICES 12 of 12
BETWEEN SNOHOMISH COUNTY AND THE CITY OF
ID1:1 f1M
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.
Select "All Felony Charges."
a. If there is more than one felony charge or if there is one felony charge and
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.
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-1
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.
A-2