Snohomish County Interlocal Agreement for Jail ServicesINTERLOCAL AGREEMENT FOR JAIL SERVICES
BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS
This 1NTERLOCAL AGREEMENT FOR JAIL SERVICES BETWEEN SNOHOMISH
COUNTY AND HE CITY OF EDMONDS (this "Agreement"), is made and entered into this
Y4' day of zZ , 20.1< by and between SNOHOMISH COUNTY, a political
subdivision of t1le State of Was�iington (the "County"), and the CITY OF EDMONDS, a
municipal corporation of the State of Washington (the "City") pursuant to Chapter 39.34 RCW
and Chapter 70.48 RCW.
RECITALS
A. The County currently maintains and operates a correctional facility known as the
Snohomish County Corrections Bureau (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 not take effect unless and
until it has been duly executed by both Parties and either filed with the County Auditor or posted
on the County's Interlocal Agreements website. This Agreement shall remain in effect through
December 31, 2017, 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, 2014, are contingent
upon local legislative appropriation of necessary funds for this specific purpose in accordance
rov-5-14-;?
INTERLOCAL AGREEMENT FOR JAIL SERVICES 1 of 13
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with applicable law.
3. Administrators. Each party to this Agreement shall designate an individual (an
"Administrator"), who may be designated by title or position to oversee and aim; ster such
party's participation in this Agreement. The parties' initial Administrators shall be the following
individuals:
County"s Initial Administrator: City's Initial Administrator:
Rob Beidler, Corrections Bureau Chief
Snohomish County Sheriffs Office
Corrections Bureau
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. Scope of Services. As described in this Section 4 and subject to the conuitioYiS
set forth in Section 5 below* the County will accept City Inmates for ur-oses of confinement,
y � y Purposes
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 ordinance, 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 riles 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, its judicial and law enforcement agencies, to the County of the duty of 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 in 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 except when (a) the County
determines, in its sole discretion, that emergency 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
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BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS
shall 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, 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. Appearances
made by video shall be scheduled only between the hours of 8:30 am and 4:00 pm, Monday
through Friday each week. The County shall have discretion to set the date, time and duration of
the City's Video Court. 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 the City's Video
Court Schedule by providing the City with at -least thirty (30) days written notice. The County
will deliver the City's Inmates) 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 attorney(s). The City shall provide the County with all paperwork requiring
the signature of City hunate(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
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:
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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 Communitv Corrections. As provided in this Section 4.6 and the Jail's
policies and procedures, City Inmates confined to the Jail may serve their time in a Community
Corrections Program.
4.6.1 The term "Community Corrections Program" includes Electronic
Home Detention, Work/Education Release and Work Crew, as those programs are
defined in the Jail's policies and procedures.
4.6.2 Except where a City Inmate is confined in the Jail at the request of
multiple jurisdictions of which not all have executed an interlocal agreement in
substantially the same form as this Agreement, a City Inmate is eligible to participate in a
Community Corrections Program if he or she has been (a) screened by the County and
the County has Lound that the City Tmnate �eets all statutory and prograiil eligibility
requirements, and (b) ordered into a Community Corrections Program by the City's
municipal court or other judicial agency.
4.6.3 A City Inmate may be terminated from a Community Corrections
Program if. (a) the City municipal court or other judicial agency order the City Inmate
terminated from the Program or otherwise amends its earlier order; (b) the County
determines, in its sole discretion, that the City Inmate is no longer eligible for the
Program, in which case the County will provide notice of such to the City and/or the
City's municipal court or other judicial or law enforcement agency within twenty-four
(24) hours of the termination. Upon termination from a Program, a City Inmate already in
the custody of the County shall be confined in the Jail to serve the remainder of his or her
term of confinement. If the City Inmate is not yet in the County's custody at termination,
he or she will be the immediate responsibility of the Citv for all purposes; including, but
not limited to, the duty to apprehend.
4.7 Administrative Bookin . 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. Notification
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may be made immediately to the arresting officer in person but in any case will be provided no
later than 5:00 p.m. the next business day as follows:
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.
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 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
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Inmates.
5.5 Earned Early Release.
accordance with Chapter 9.94A RCW.
6. Payment by City.
The County will release City Inmates in
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 invnina 1 only its proportionate share of the applicable Fees
v viv
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 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
Tnmate for whom the County nrnvides S,'ervice.q Fnr nnrnncec of thie A¢re.ement
"Booking" means the act of registering, screening, and examining inmates for
confinement in the Jail- Arlministratilve Booking pu s„ant 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. As of the Effective Date, the current Booking Fee is as follows:
2014 Bookie Fee
$95.94
Subject to any adjustments consistent with Section 6.2.3 below, the Booking Fee
beginning January 1, 2015, shall increase as follows:
20157 BookFee
$115.00
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BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS
Further or additional increases in the Booking Fee beginning January 1, 2016, and each
year thereafter shall be calculated pursuant to Section 6.2.3.
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. For
2014, the Daily Maintenance Fee for all City Inmates is as follows:
2014 Dai!1 Maintenance Fee
$66.63
Beginning January 1, 2015, the Daily Maintenance Fee shall be calculated based on the
housing assignment of the City Inmate as determined by Jail staff pursuant to Jail policies
and procedures. Except as where otherwise provided in this Agreement, the housing
assignment of a City Inmate is subject to change at any time without notice to the City.
Subject to any adjustments consistent with Section 6.2.3 below, the Daily Maintenance
Fee for 2015 through 2017 shall be calculated as follows:
Housing Assignment
2015 Daily
Maintenance Fee
2016 Daily
Maintenance Fee
2017 Daily
Maintenance
Fee
General Po ulaiion
$84.00
$88.50
$93.50
Medical and Specialty
$132.50
$140.00
$147.25
Mental Health
$201.00
$212.00
$223.25
Work Release/Work Crew
$50.00
$55.00
$60.00
Electronic Home Detention
$22.00
$27.00
$32.00
Should the parties renew this Agreement beyond December 31, 2017, additional annual
increases shall be calculated pursuant to Section 6.2.3.
6.2.3 The Booking Fee and Daily Maintenance Fee shall increase on
January 1 of each calendar year during the term of this Agreement by a rate equal to
ninety percent (90%) of the Bureau of Labor Statistics Consumer Price Index (Urban
Wage Earners) for the Seattle -Tacoma -Bremerton area, measured from June of the prior
year to June of the current year, PROVIDED, HOWEVER, that in no event shall the
increase be greater than three percent (3%) per calendar year. The County shall provide
the City notice of the Booking Fee and Daily Maintenance Fee increases by August 1 of
each year.
6.2.3 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 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 not 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
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BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS
received from the City Inmate's own health insurance and applicable public assistance
before billing the City.
6.2.4 The County shall invoice the City a "Video Court Fee'' ur each
scheduled hour of Video Court time. As of the Effective Date, the current Video Court
Fee per hour is as follows:
Video Court Fee
$115.50
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 flavor of the City, the disputed amounts will be credited towards the C i y'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.
l it T _ __1_ T _ _1_ .i .1 1 1
v.It 1%6M rius. r,aU11 I7ariy luay exaurine Inc inner pariy's books and records Lo
verify charges. The County shall maintain accurate time and accounting records related to the
Serd;ces for a period oft hrCe (3) years following fitinal 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, liability, loss, 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 snit if any principle of governmental or p,,.'.bli MAT i�
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involved; and 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.
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7.2 QgpM 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, liability, loss, 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 parry'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. Liabili 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. Cam fiance 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. 1)efiiult and. Remedies.
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
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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 r.nrnmences
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 Coun 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 Cily. 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 unon 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 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
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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 parry 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 parry 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 A reement• 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. 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 Integpretation. 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.
15.5 Seyerability. 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
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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 parry's forbearance or delay in exercising any right or
remedy with respect to a Default by the other parry 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 parry 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 iius Agreement in
violation of the preceding sentence shall be null and void and shall constitute a Default under this
Agreement.
15.8 ViTarran 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.
15.7 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 Eqlily NecessM. 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 Majewre. 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, 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
INTERLOCAL AGREEMENT FOR JAIL SERVICES 12 of 13
BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS
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
slrxx
Name: John Lovick
Title: County Executive
LENDA CRAWFORD
Approved as to Form:
Deputy Prosecuting Attorney
Approved as to Indemnification and
Insurance:
Risk Management
E
OUNCI USE ONLY
d:
^ l
CITY:
City of Edmonds, a Washington
municipal corporation
By
Nm
T
App ed as to Form:
City Attorney
[The remainder of this page is intentionally left blank.]
INTERLOCAL AGREEMENT FOR JAIL SERVICES 13 of 13
BETWEEN SNOHOMISH COUNTY AND THE CITY OF EDMONDS
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-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