06-017.01 Prosecuting Attorney Services Addendum Oc,- ci7. O. I
ADDENDUM TO THE INTERLOCAL AGREEMENT FOR PROSECUTING ATTORNEY
SERVICES IN THE CITY OF SPOKANE VALLEY
THIS ADDENDUM, is made and entered into by and among the City of Spokane Valley
(hereafter referred to as "City"), Spokane County (hereafter referred to as "County"), and Spokane
County Prosecuting Attorney(hereafter referred to as"Prosecuting Attorney"),hereafter jointly referred
to as the"Parties".
WITNESSETH:
WHEREAS, pursuant to chapter 39.34 RCW (Interlocal Cooperation Act), the Parties have
entered into numerous interlocal agreements whereby County has agreed to provide services to City and
its residents;and
WHEREAS, this Addendum applies to the "Interlocal Agreement for Prosecuting Attorney
Services in the City of Spokane Valley (January 1, 2005-December 31, 2005)" (the "Agreement")
executed by the County under Resolution No. 06-0194,the City under signature dated March 1,2006,and
the Prosecuting Attorney under signature dated March 24, 2006, as modified by that document entitled
"MEMORANDUM OF UNDERSTANDING" (the "Modification") executed by the County under
Resolution No. 09-0333, the City under signature dated April 9, 2009, and the Prosecuting Attorney under
signature dated May 6,2009;and
WHEREAS, from time-to-time, the Parties review interlocal agreements such as this one
for the
purpose of analyzing the cost methodology to determine if it properly reflects the services being provided,
and whether the costs of those services are being accurately charged. These amendments reflect such an
analysis;and
WHEREAS, there are various components of the full cost of providing services by County,
including the indirect cost allocation, which takes into account the cost of services provided by what is
commonly referred to as County's central services, which include, but are not limited to, such
components as facilities maintenance, administrative services, and insurance. In past years, the indirect
cost rate has been calculated based on salaries attributable to the provision of each service. The Parties
now agree that, effective with the 2010 settle and adjust and for subsequent years, it is acceptable to base
the indirect cost rate on total expenditures in calculating the full cost of providing the services; and
WHEREAS, the salary of the Elected Prosecuting Attorney is a component cost of Prosecuting
Attorney Services provided to the City under the Agreement and Modification; and
WHEREAS, in past years the salary of the Elected Prosecuting Attorney was allocated to
Misdemeanors based on a flat allocation of$5,000 plus benefits, as specified in former Exhibit 2A of the
Agreement. The Parties now agree that effective with the 2012 settle and adjust and for subsequent years
the Elected Prosecuting Attorney allocation is included in the Countywide Indirect Rate and will not be
allocated separately; and
WHEREAS, in past years the Prosecuting Attorney maintenance and operations (M&O) costs
were allocated to the City using a ratio of misdemeanor attorney full-time equivalent(FTE) positions out
of total attorney FTE positions for the Prosecuting Attorney's office excluding Family Law FTE positions
as specified in former Exhibit 2A of the Agreement. The Parties now agree that effective with the 2012
settle and adjust and for subsequent years the Prosecuting Attorney's M&O costs to the City will be
included in the Countywide Indirect Rate and will not be allocated separately; and
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WHEREAS, effective with the 2012 settle and adjust and for subsequent years the Parties desire
to replace the former Exhibit 2B Infraction Services with a new Exhibit 2B in acknowledgement of
numerous modifications to better account for the service currently provided;and
WHEREAS, in past years criminal violations of zoning ordinances were billed at an hourly
attorney rate which included the salary and benefit costs of a single civil attorney and a single paralegal,
as specified in former Exhibit 2C of the Agreement. The Parties now agree that effective with the 2012
settle and adjust and for subsequent years the hourly rate will be based upon the total direct and indirect
costs of the Prosecutor—Civil department;and
WHEREAS, in past years the Prosecuting Attorney Administrative costs were allocated to the
City using a ratio of misdemeanor attorney full-time equivalent(FTE) positions out of total attorney FTE
positions for the Prosecuting Attorney's office as specified in former Exhibit 2A of the Agreement. The
Parties now agree that for the 2013 settle and adjust and for subsequent years the Prosecuting Attorney's
Administrative costs to the City will be included in the Countywide Indirect Rate and will not be
allocated separately; and
WHEREAS, the Parties desire to modify Exhibit 1 to more accurately describe the services
currently provided by the County. The Parties now agree that the description of Infraction services
provided by the County shall include contested traffic infractions,contested Commercial Driver's License
(CDL)infractions, and contested animal control infractions.
NOW THEREFORE, for and in consideration of the mutual promises set forth hereinafter, and
as provided for in the underlying document entitled "Interlocal Agreement for Prosecuting Attorney
Services in the City of Spokane Valley (January 1, 2005-December 31, 2005)" (the "Agreement")
executed by the County under Resolution No. 06-0194, the City under signature dated March 1,2006,and
the Prosecuting Attorney under signature dated March 24, 2006, as modified by that document entitled
"MEMORANDUM OF UNDERSTANDING" (the "Modification") executed by the County under
Resolution No. 09-0333, the City under signature dated April 9, 2009, and the Prosecuting Attorney under
signature dated May 6,2009,jointly referred to as the"Service Agreements"the Parties do hereby agree as
follows:
SECTION ONE:
1.1 Effective with the 2010 Settle and Adjust and for Subsequent Years. INDIRECT RATE
SCOPE OF CHANGE. The scope and purpose of this subsection of the Addendum to the
Service Agreements is to change the way the indirect costs the County charges the City are
calculated, which is a component cost in determining the total actual cost for the provision of
Services. Previously, the Parties calculated the indirect rate based on "salaries only" as
adopted in the methodology set forth in former Exhibits 2A and 2B to the Agreement, but
now agree that it is acceptable to calculate the indirect rate based on"total expenditures".
1.2 Effective with the 2012 Settle and Adjust and for Subsequent Years. ELECTED
PROSECUTING ATTORNEY SALARY and DEPARTMENTAL M&O METHODOLOGY
SCOPE OF CHANGE. The scope and purpose of this subsection of the Addendum to the
Service Agreements is to change the way the City's share of the Elected Prosecuting
Attorney salary and Departmental M&O cost is calculated. The Parties now agree that the
Elected Prosecuting Attorney salary and benefits, net of State Funding, and Departmental
M&O is allocated in the Countywide Cost Plan reviewed by the City of Spokane Valley
annually and shall no longer be allocated as a direct misdemeanor cost. The cost of the
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Elected Prosecuting Attorney and Departmental M&O will now be factored into the
Countywide Indirect rate that is applied to total misdemeanor costs.
1.2.1 ELECTED PROSECUTING ATTORNEY SALARY ALLOCATION — The
salary costs of the Elected Prosecuting Attorney will be allocated out to all units,
departments, and funds that receive supervision. The basis of allocation is
currently the total personnel costs of each unit, department, and fund. The State
provided reimbursement of a portion of the salary costs of this position, currently
at fifty percent reimbursement,shall be applied as a revenue adjustment.
1.2.2 DEPARTMENTAL M&O ALLOCATION — The prosecuting attorney M&O
costs will be allocated out to all units, departments, and funds that receive benefit
from these expenditures. The basis of allocation is currently the total personnel
costs of each unit,department,and fund.
1.2.3 MODIFICATION—In the event the Parties desire an alternate basis of allocating
Elected Prosecuting Attorney salary and departmental M&O, the Parties agree
that designated staff responsible for preparing and reviewing the Prosecutor
Allocator within the Countywide Indirect Cost Plan may modify said basis from
time-to-time upon written mutual agreement. The designated staff for each entity
are as follows: the City Manager for the City, the Chief Budget Officer for the
County,and the Elected Prosecuting Attorney.
1.3 Effective with the 2012 Settle and Adjust and for Subsequent Years. PROSECUTOR
INFRACTION DEPARTMENT SCOPE OF CHANGE. The scope and purpose of this
subsection of the Addendum to the Service Agreements is to change the way infraction costs
are allocated within former Exhibit 2B Infraction Services. The Infraction costs will now be
determined as provided for in new Infraction Services Exhibit 2B in recognition of various
methodological changes specified within. The total infraction costs determined by the
methodology outlined in new Exhibit 2B will be removed from misdemeanor costs prior to
applying the City's usage rate.
1.4 Effective with the 2012 Settle and Adjust and for Subsequent Years. CRIMINAL
VIOLATIONS OF ZONING ORDINANCES AND ADULT ENTERTAINMENT
ORDINANCE HOURLY RATE CALCULATION SCOPE OF CHANGE. The scope and
purpose of this subsection of the Addendum to the Service Agreements is to change the
hourly rate computation used for billing the City for costs associated with the criminal
prosecution of zoning ordinances and adult entertainment ordinances. Previously in former
Exhibit 2C, the hourly rate included the salary and benefit costs of a single attorney and
paralegal. The Parties now agree, as referenced in new Exhibit 2C, that the hourly rate will
be calculated by adding 1) the total costs for the "PA Civil" department, and 2) the indirect
costs of the "PA Civil" department. The sum of these costs will be averaged by the number
of direct civil attorneys to determine an "Average Annual Cost." This cost will be divided
by the total annual productive work hours (currently 1,653) to arrive at a "Civil Attorney
Hourly Rate".
1.5 Effective with the 2013 Settle and Adjust and for Subsequent Years. DEPARTMENTAL
ADMINISTRATIVE STAFF METHODOLOGY SCOPE OF CHANGE. The scope and
purpose of this subsection of the Addendum to the Service Agreements is to change the way
the City's share of Administrative Staff costs is calculated. The Parties now agree that the
Administrative Staff is allocated in the Countywide Cost Plan reviewed by the City of
Spokane Valley annually and shall no longer be allocated as a direct misdemeanor cost. The
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cost of the Administrative Staff will now be factored into the Countywide Indirect rate that is
applied to total misdemeanor costs.
1.5.1 DEPARTMENTAL ADMINISTRATIVE STAFF SALARY ALLOCATION —
The Prosecuting Attorney Departmental Administrative staff salary will be
allocated out to all units, departments, and funds that benefit from these
expenditures. The basis of allocation is currently the total FTE of each unit,
department,and fund.
1.5.2 MODIFICATION—In the event the Parties desire an alternate basis of allocating
Prosecutor Departmental Administrative Staff Salary, the Parties agree that
designated staff responsible for preparing and reviewing the Prosecutor Allocator
within the Countywide Indirect Cost Plan may modify said basis from time-to-
time upon written mutual agreement. The designated staff for each entity are as
follows: the City Manager for the City, the Chief Budget Officer for the County,
and the Elected Prosecuting Attorney.
1.6 Effective January 1,2015.MODIFY EXHIBIT 1. The scope and purpose of this subsection
of the Addendum to the Service Agreements is to acknowledge that the Prosecuting Attorney
represents the City not only in contested traffic infractions, but also contested animal control
infractions and contested CDL infractions. The Parties agree that Exhibit 1 to the Agreement
shall be modified to provide as follows:
(Underlined and highlighted language added, lined-out and highlighted language
deleted.)
EXHIBIT 1
For the purpose of this Agreement, PROSECUTING ATTORNEY Services shall
include prosecution of violations of state statutes that are punishable as
misdemeanor or gross misdemeanor offenses that occur within CITY'S jurisdiction
and that are committed by adults as well as any appeals to Superior Court,
Washington State Court of Appeal, or Washington State Supreme Court.
PROSECUTING ATTORNEY retains sole prosecutorial discretion in conjunction
with providing Services under the terms of this Agreement from charging decisions
through complete disposition of the case, including appeals to Superior Court,
Washington State Court of Appeals, or Washington State Supreme Court.
Provided, however, CITY may take over prosecution of any misdemeanor case
upon written notification to PROSECUTING ATTORNEY. For the purpose of this
paragraph, misdemeanors shall include criminal violations of CITY animal control
ordinances.
PROSECUTING ATTORNEY agrees to represent CITY in contested traffic
infractions,contested animal control infractions and contested CDL infractions.
PROSECUTING ATTORNEY also agrees, when requested by CITY, to represent
CITY with respect to criminal violations of its zoning ordinances at the hourly rate
set forth in new Exhibits 2A, 2B and 2C.PROVIDED,such representation shall not
include challenges to the constitutionality of any zoning ordinance. The CITY shall
retain responsibility for defending any constitutional challenge to any zoning
ordinance or other CITY ordinance which may be involved in providing Services.
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CITY agrees to take appropriate action to ensure police officers and CITY staff
are available at no cost to PROSECUTING ATTORNEY for all trials or judicial
proceedings where PROSECUTING ATTORNEY determines their presence is
necessary.
All misdemeanor, gross misdemeanor, and zoning services to be provided by
PROSECUTING ATTORNEY in courts under the terms of this Agreement shall
be provided in courts located within the Spokane County Courthouse Complex.
All traffic infraction, animal control infraction and CDL infraction services to be
provided by PROSECUTING ATTORNEY under the terms of this Agreement
shall be provided in either courts located within the Spokane County Courthouse
Complex or courtroom(s) in the Spokane Valley precinct. In the event CITY
requests such court services be provided at a location other than that provided for
herein,the PARTIES agree to meet and mutually negotiate.
1.7 Effective with the 2013 Settle and Adjust and for Subsequent Years. REPLACEMENT
OF EXHIBITS 2A, 2B, and 2C. The Scope and purpose of this subsection of the Addendum
to the Service Agreements is to replace former Exhibits 2A, 2B, and 2C in the Service
Agreements with new Exhibits 2A,2B,and 2C and a new exhibit labeled"2-Summary"all of
which are attached hereto as Attachments"1"and incorporated herein by reference.
SECTION TWO: DURATION-This Addendum shall be in full force and effect as to the
Agreement as modified by the Modification for the remaining term of the Agreement, or any extension of
that Agreement.
SECTION THREE: REMAINDER OF INTERLOCAL AGREEMENT TO REMAIN THE
SAME - The remaining provisions of the Agreement and Modification will remain unchanged by this
Addendum.
IN WITNESS WHEREOF,the Parties have caused this Addendum to be executed on date and year
opposite their respective signatures.
DATED: 5 ' 2(0- /5 BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
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Clerk of the Board "``‘...�„ i �,
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AL FREN , ommissioner
Page 5 of 6
DATED: J I" C OF SPOKANE VALLEY
A 1 S ,/` I/I
ike Jackso ' ity anager
hristine Bainbridge,IF ity Clerk
APPROVED AS TO FORM ONLY:
qiq43
Office of he City Attorney
DATED: L./,2 J/ S SPOKANE COUNTY PROSECUTING ATTORNEY
Lawrence H. Haskell,Prosecutor
Page 6 of 6
Exhibit 2-SUMMARY
Spokane County Prosecutor
City of Spokane Valley
2013 Estimate
Spokane
Budget Valley% Spokane Valley
Misdemeanor 1,032,548.62 36.60% 377,943.77
Infraction - - 41,233.81
TOTAL 419,177.58
Information Percentage of Spokane Valley Cases:
Estimate 36.60%
Actual
Indirect Rate:
Estimate 21.59%
Actual
•
Exhibit 2A
Spokane County Prosecutor
City of Spokane Valley
Misdemeanor Methodology
2013 Estimate
Attorneys: Criminal Misdemeanor
General 37.43 6.00
DTF/DPAP 1.52
BECCA 0.55
DUI Boot Camp-Grant 1.00
Subtotal Attorneys 39.50 7.00
Misd Supervisor 1.00
Total 39.50 8.00
Criminal
Sal&Ben Adjustment Adj Salary
Kristianson 71,664 71,664
Elder 68,580 68,580
Montecucco 113,101 113,101
Cordts 108,346 108,346
Kuhlman 75,262 75,262
Gabriel 128,438 128,438 Position 50%supported by Mental Health
Grant funded but stilt uses Prosecutor M&O and
Olsen-Target Zero 101,005 101,005 Supervision
O'Brien-Supery 132,949 132,949
799,345 0 799,345
Criminal
Chief Criminal Deputy Sal&Ben Adjustment Adj Salary Supervises Criminal and Misdemeanor Attys
llrtscoal 159,371 (132,529) 26,841.40
Criminal
Misdemeanor Support Staff Sal&Ben Adjustment Adj Salary
Hanky 46,849 46,849
Seal: - 41,501 41501
Mrstelak,, 43,077 43,077
Orison` 50,986 50,986
H9keson 27,725 27,725 Position 25%supported by Mental Health.
Ramat'; 44,906 44,906
I3ansetR 44,637 (26,782) 17,855 Position 60%Felony
299,681 272,899
Subtotal Salary 1,099,085
Prosecutor Criminal Indirect Rate* 21.59% 237,326
'This Indirect Rate is from the 2013 for
2015 Countywide Cost Plan. Subsequent Misdemeanor
cost estimates will use the indirect rate from Attorney
two years prior. Burdened Rate
Misdemeanor Budget 1,336,411 190,916
Reduction of Miisdemeamor Budget
Infraction Method (94,534)
Other Sources of Funds
50%Attorney funded by Mental Health Sales Tax (64,219)
100%Attorney funded by DUI grant (101,005)
25%Support Staff position funded by Mental Health Sales Tax (6,931)
Subtotal Other Sources (172,155)
Indirect Rate on Other Sources (37,174)
Total Reduction (303,863)
Equals Allocable Misdemeanor Budget 1,032,549
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Exhibit 2B
Spokane County Prosecutor
City of Spokane Valley
Infraction Methodology
2013 ESTIMATE
Spokane Valley
Misdemeanor Deputy Attorney Cost Note Infraction Cost
Fully Burdened Misdemeanor Deputy Cost 190,915.91
Hours Worked per Year 1,653.00 1
Deputy Attorney Cost per Hour 115.50
Spokane Valley Infraction Deputy Attorney-Court Time
Dedicated Spokane Valley Docket
Traffic Court per Year(7.5 hours x 26 weeks) 195.00
Traffic Court per Year(3.75 hours x 26 weeks) 97.50
Subtotal hours 292.50
Monday Holiday credit (28,13) 3
Total Hours per Year 264.38
Spokane Valley Infraction Deputy Cost 30,534.42 30,534.42
Mixed Jurisdiction Docket
Animal(2 Hours per Month) 24.00
CDL(1/2 day every other week) 97.50
Hours per Year 121.50
Monday Holiday credit (9.38) 3
Total Hours per Year 112.13
Mixed Jurisdiction Infraction Deputy Cost 12,950.06
%of Valley Infractions 16.72% 2 2,164.98
Spokane County Infraction Department-Prep Time(Not in Court)
Infraction Hours Spent at Courthouse:
Traffic,CDL Hours per Week 7.50
Animal Hours per Week 1.00
Weeks per Year 52
Hours per Year 442.00
Infraction Deputy Prep Time Cost 51,049.50
%of Valley Infractions 16.72% 2 8,534.41
TOTAL 94,533.98 41,233.81
Notes
1 See"Productive Work Hour"tab for calculation of annual productive hours
2 District Court statistics,see"Infract Stat"tab
Total Holiday
3 Monday Holiday Credit Calculation Days Hours Percent Credit Hours
Number of Monday Holidays current year 5 7.50 37.50
Dedicated Spokane Valley Docket
Full Days 26 195.00 50% 18.75
Half Days 26 97.50 25% 9.38
Sub-total 28.13
Mixed Jurisdiction Docket
Half Days 26 97.50 25% 9.38
Total Hours per Year 390.00 100% 37.50
Exhibit 2B
Spokane County Prosecutor
City of Spokane Valley
Infraction Statistics
2013 Estimate
District Court Case Statistics
Offense Category Spokane Valley* Spokane County**
Infractions 7,394 44,228 16.72%
DV-Misdemeanor 393 915
DUI 230 1,567
Criminal Traffic 1,787 5,446
Criminal NT(less misd DV) 795 2,270
Subtotal 10,599 54,426
From District Court Statistics-Last half of 2011 and first half of 2012
Exhibit 2C
Spokane County Prosecutor
City of Spokane Valley
Civil Attorney Hourly Rate
2013 Estimate
Civil Prosecutor Hourly Rate
Total Allocation $ 540,888
Allocation from Other Indirect Services 58,633
Total Civil Cost $ 599,521
Attorneys Included in this Total Civil Cost:
Arkills,Hubert,Kinn 3
Average Annual Cost $ 199,840
Productive Work Hours 1,653
Civil Attorney Hourly Rate $ 120.90
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