03-012 Public Defender Services Return to: 1)anic,a Erickson Spokane Valley Contract
Clerk of the Board No. CO3-12
1116 West Broadway Approved: March 25, 2003
Spokane,Washington 99260
1NTERLOCAL AGREEMENT FOR PUBLIC DEFENDER SERVICES
3 0309 IN THE CITY OF SPOKANE VALLEY
(April 1, 2003-December 31, 2004)
THIS AGREEMENT, made and entered into by and among the Spokane County
Public Defender, having offices for the transaction of business as 1033 West Gardner,
Gardner Court Building, Spokane Washington 99260-0280, hereinafter referred to as
"PUBLIC DEFENDER," Spokane County, having offices for the transaction of business
at West 1116 Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as
"BOARD," together sometimes referred to along with the PUBLIC DEFENDER as
"COUNTY," and the City of Spokane Valley, a municipal corporation of the State of
Washington, having offices for the transaction of business at the Redwood Plaza, 11707
East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred
to as "CITY,"jointly hereinafter referred to as the "PARTIES."
WITNESSETH:
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners has the care of County property and the management of County funds and
business; and
WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley
established midnight, March 31, 2003, as its official date of incorporation and upon that
date will commence operations as a city; and
WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of
incorporation, local governmental authority and jurisdiction with respect to the newly
incorporated area transferred from Spokane County to the City of Spokane Valley; and
WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties
and cities to contract with each other to perform certain functions which each may legally
perform; and
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CO3-12
WHEREAS, pursuant to the provisions of RCW 39.34.180, the City of Spokane
Valley is responsible for the costs incident to prosecution of misdemeanor and gross
misdemeanor offenses which are violations of state statutes that occur within its jurisdiction
and that are committed by adults, and/or juveniles for traffic offenses pursuant to RCW
13.04.030(1)(e)(iii), as well as misdemeanor or gross misdemeanor offenses which are a
violation of City of Spokane Valley ordinances and committed by adults, and/or juveniles
for traffic offenses pursuant to RCW 13.40.030(1)(e)(iii); and
WHEREAS, the City of Spokane Valley desires to utilize the services of the
Spokane County Public Defender for the purpose of (1) representing indigents where the
initial charge is a State misdemeanor or gross misdemeanor offense committed by an adult,
and/or a juvenile for a traffic offense pursuant to RCW 13.40.030(1)(e)(iii), and occurring
within the City of Spokane Valley; and/or(2) representing indigents where the initial charge
is a CITY misdemeanor or gross misdemeanor and referred to the Spokane County Public
Defender.
NOW THEREFORE for and in consideration of the mutual promises set forth
hereinafter and as provided for in the above-referenced recitals, the PARTIES do hereby
agree as follows:
SECTION NO. 1: PURPOSE
The purpose of the Agreement is to reduce to writing the PARTIES' understanding as to the
terms and conditions under which the PUBLIC DEFENDER will provide "Defender
Services" to CITY. it is the intent of the PARTIES that Defender Services to be provided
under the terms of this Agreement will be consistent with CITY'S CouncilllManager form
of government provided for in chapter 35A.13 RCW and CITY'S legal responsibility to
provide such services under the U.S. Constitution, Washington State Constitution and laws
of the State of Washington.
SECTION NO. 2: DURATION
This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12:00
P.M. December 31, 2004, unless one or all of the PARTIES provide notice of termination
as provided in Sections No. 5 and 12 of this Agreement.
SECTION NO. 3: COST OF SERVICES AND PAYMENTS
CITY shall pay COUNTY the actual costs for Defender Services provided under this
Agreement. The estimated cost for Defender Services under this Agreement for calendar
year 2003 shall be TWO HUNDRED SIXTY THOUSAND NINE HUNDRED FORTY-
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SIX DOLLARS ($260,946). CITY'S cost was arrived at by using the methodology set
forth in Attachment"A," attached hereto and incorporated herein by reference.
The PARTIES agree to use those same methodologies contained in Attachment "A" to
arrive at the estimated costs for calendar year 2004 Public Defender. Services. The
PARTIES recognize that the costs will more than likely increase in 2004. For instance,
Assistant Public Defenders and/or support staff may receive salary adjustments by the
BOARD or the maintenance and operation expenses of PUBLIC DEFENDER'S office
may increase. These increases or potential decreases will be reflected in the figures used
in the methodologies for calculating CITY'S 2004 estimated costs. Additionally, the
methodologies will use the Spokane County Geo-Coded Analysis Report ("Report").
This Report tracks the actual number of cases handled by PUBLIC DEFENDER for
CITY.
At the end of calendar year 2003 and calendar year 2004, using actual maintenance and
operations expenditures ("M&O") as well as using the numbers in the Report for each year,
COUNTY and CITY will each determine respectively whether or not the estimated M&O
numbers and percentage numbers used as the basis for calculating costs of PUBLIC
DEFENDER services were accurate. Any disagreement between the PARTIES as to M&O
and/or percentage shall be resolved pursuant to Section No. 15 hereinafter. To the extent
that CITY was over billed in any year, it will receive a credit to be applied as mutually
agreed. If CITY was under billed, it will receive a debit in the subsequent billing. The
adjustment will normally take place in March, but no later than June 30th ("date of
determination") of the year following the year Public Defender Services were performed.
At the sole discretion of the CITY, in the case of over billing, or the sole discretion of the
COUNTY, in the case of an under billing, the party may request interest on such amount
based on lost interest earnings had the under billing amount been invested since the end of
the calendar year to the date of determination in the Spokane County Treasurer's
Investment Pool or the over billing amount been invested since the end of the calendar year
to the date of determination in the Washington Cities Investment Pool. For the purpose of
this Agreement, the terminology M&O shall mean those class codes (3000-5999 and 7000-
9999) used by Spokane County in its budgetary process as prescribed in the BARS manual
adopted by the State of Washington under chapter 43.88 RCW. Provided such M&O items
are directly attributable and proportionate to services rendered to City under the terms of this
Agreement.
COUNTY will bill CITY for the cost of services as outlined, monthly, during the first week
of the month. Dividing that fee set forth herein above by nine (9) for calendar year 2003
and by twelve (12) annually thereafter will base monthly payments. Payments by CITY will
be due by the 5th day of the following month. At the sole option of. COUNTY, a penalty
may be assessed on any late payment by CITY based on lost interest earnings had the
payment been timely paid and invested in the Spokane County Treasurer's Investment Pool.
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SECTION NO. 4: SERVICES PROVIDED
4.1 Base Services - For the purpose of this Agreement, PUBLIC DEFENDER Services
shall include representation of indigent persons as required by the Constitution or
state statutes (chapter 36.26 RCW) in conjunction with violations of state statutes that
are punishable as misdemeanor and gross misdemeanor offenses that occur within
CITY'S jurisdiction and that are committed by adults, and/or juveniles for traffic
offenses pursuant to RCW 13.04.030 (1) (e) (iii), as well as any appeals to Superior
Court. Additionally, PUBLIC DEFENDER shall represent indigent persons as
required by the Constitution or state statutes (chapter 36.26 RCW) in conjunction with
violations of CITY ordinances that are punishable as misdemeanor offenses except
for any constitutional challenges to the CITY ordinance. it also includes
representation of indigent persons as required by the Constitution or state statutes
(chapter 36.26 RCW) in conjunction with the prosecution of violations of CITY'S
Traffic Code, as well as any appeals to Superior Court.
4.2 Enhanced Services - CITY hereby agrees to pay for enhanced Defender Services
separately. Enhanced Defender Services include unique circumstances not
contemplated by the PARTIES at the time the estimated costs were set for any
calendar year such as enhanced enforcement of a particular crime, mass arrests and
request for Defender Services of rioters and/or protestors. PUBLIC DEFENDER
will advise the CITY Manager as soon as possible of the likelihood of Enhanced
Defender Services. CITY will pay PUBLIC DEFENDER for all actual costs for
enhanced Defender Services. PUBLIC DEFENDER will keep time records for all
such costs. Billings for Enhanced Services will occur along with monthly billing for
Base Services.
CITY agrees to insure that appropriate CITY staff is available at no cost to PUBLIC
DEFENDER for all trials or judicial proceedings where their presence is requested by
PUBLIC DEFENDER.
All services to be provided by PUBLIC DEFENDER in courts under the terms of this
Agreement shall be provided in courts located within the Spokane County Courthouse
Complex. In the event CITY requests such court services to be provided at a location
within CITY, the PARTIES agree to meet and mutually negotiate any and all increased
costs to PUBLIC DEFENDER in providing such court services at CITY location.
PUBLIC DEFENDER or his/her designee agrees to attend staff meetings as requested by
the CITY Manager. PUBLIC DEFENDER or his/her designee further agrees to meet upon
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request by the CITY Manager or hislher designee to discuss any Defender Services
provided under the terms of this Agreement
CITY agrees PUBLIC DEFENDER will use PUBLIC DEFENDER'S stationary in
conjunction with providing Prosecution Services under the terms of this Agreement.
SECTION.ND. 5: NOTICE
All notices or other communications given hereunder shall be deemed given on: (1) the clay
such notices or other communications are received when sent by personal delivery or iii)
the third day following the day on which the same have been mailed by first class delivery,
postage prepaid addressed to COUNTY at the address set forth below for such Party, or at
such other address as COUNTY shall from time-to-time designate by notice in writing to
the other PARTS:
COUNTY; Spokane County Chief Executive Officer or his/her authorized representative
1116 West Broadway Avenue
Spokane, Washington 99260
PUBLIC DEFENDER: Richard Easy
Spokane:County Pubic Defender's Office
1033 West Gardner,
Gardner Court Building,
Spokane Washington 99260-0280
CITY: City of Spokane Valley City Manager or his/her authorized representative
Redwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
SECTION NO. 6: COUNT.ERPARTS
This Agreement may be executed in any number of counterparts, each of which, when so
executed and delivered, shall be an original, but such counterparts shall together constitute
but one and the same_
SECTION NO. 7: REPORTING
PUBLIC DEFENDER shall provide a mutually acceptable quarterly report to CITY that
will contain information relating to Defender Services performed during the preceding
quarter. PUBLIC DEFENDER will make available to CITY upon request copies of any
Spokane County Gee-Coded Analysis Report ("Report").
SECTION NO. 8: ASSIGNMENT
MENT
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•
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No party may assign in whole or in part its interest in this Agreement without the approval
of all other P,ARTI:E . Provided, however, CITY agrees that in instances of conflict,
PUBLIC DEFENDER may transfer out of hisiher office such representation at no
additional cost to CITY without CITY'S approval or authorization.
SECTION NO. 9: ASSISTANT PUBLIC DEFENDERS-H 1 DEFENDERS-HINING AND
DISCIPLINE.
PUBLIC DEFENDER retains sole right to hire, assign, retain and discipline all employees
performing Defender Services under this Agreement according to applicable state and
federal laws.
PUBLIC DEFENDER agrees to meet and confer with CITY with respect to staff that is
assigned to provide Defender Services,
SECTION NO. 10: LIABILITY
(a) COUNTY shall indemnify and hold harmless 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 COUNTY, its officers, agents and employee-s, 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 claim, action, loss, or damages is brought against CITY,
COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves
the right to participate in said suit if any principle of governmental or public law is
involved; and if final judgment in said suit be rendered against CITY, and its officers,
agents, and employees, or any of them, or jointly against CITY and COUNTY and their
respective officers, agents, and employees, COUNTY shall satisfy the same.
b CITY shall indemnify and hold harmless COUNTY and its officers, agents, and
( � fY
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 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 claim, action, loss, or damages is brought against COUNTY,
CITY shall defend the same at its sole cost and expense; provided that COUNTY reserves
the right to participate in said suit if any principle of governmental or public law is
involved; and if final judgment in said suit be rendered against COUNTY, and its officers,
agents, and employees, or any of them, or jointly against COUNTY and CITY and their
respective officers, agents, and employees, CITY shall satisfy the same.
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(c) The foregoing indemnity is specifically intended to constitute a waiver of each party's
immunity under Washington's industrial Insurance Act, Chapter 51 RCW, respecting 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.
(d) COUNTY and CITY agree to either self insure or purchase polices of insurance
covering the matters contained in this Agreement with coverages of not less than
$5,000,000 per occurrence with $5,000,000 aggregate limits including for PUBLIC
DEFENDER staff professional liability and auto liability coverages.
SECTION NO. 11: RELATIONSHIP OF THE PARTIES
The PARTIES intend that an independent contractor relationship will be created by this
Agreement. No agent, employee, servant or representative of COUNTY shall be deemed to
be an employee, agent, servant or representative of CiTY for any purpose. Likewise, no
agent, employee, servant or CITY representative shall be deemed to be an employee, agent,
servant or representative of COUNTY for any purpose.
SECTION NO. 12: MODIFICATION/TERMINATION
This Agreement may be modified in writing by mutual agreement of the PARTIES.
Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 90
days written notice to the other PARTIES.
Upon termination, CiTY shall be obligated to pay for only those Defender Services
rendered prior to the date of termination based upon a pro rata division of those costs set
forth in Section No. 3 herein above.
Termination shall not impose a requirement on either COUNTY/PUBLIC DEFENDER
respectively to provide for the funding or handling of cases addressed by this Agreement
that are filed after the effective date of termination.
Upon termination, at CITY'S option, PUBLIC DEFNEDER shall continue to provide
services to completion for those cases filed prior to the effective date of the termination.
SECTION NO. 13: PROPERTY AND EQUIPMENT
The ownership of all property and equipment utilized in association with applicable CITY
cases shall remain with the original owner, unless specifically and mutually agreed by the
PARTIES to this Agreement.
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SECTION NO. 14: ALL WRITINGS CONTAINED HEREIN/RINDING EFFECT
This Agreement contains terms and conditions agreed upon by the PARTIES. The
PARTIES agree that there are no other understandings, oral or otherwise, regarding the
subject matter of this Agreement. No changes or additions to this Agreement shall be valid
or binding upon the PARTIES unless such change or addition is in writing, executed by the
PARTIES.
This Agreement shall be binding upon the PARTIES hereto, their successors and assigns.
SECTION NO. 15: DISPUTE RESOLUTION
Any dispute among the PARTIES with respect to the methodologies used to calculate the
2004 costs of Defender Services or the provision of Defender Services by PUBLIC
DEFENDER to CITY under the terms of this Agreement that cannot be resolved
between/among the applicable PARTIES shall be subject to binding arbitration. Provided,
however, PUBLIC DEFENDER'S independent right to administer and manage the Public
Defender's Office shall not be subject to this dispute resolution provision.
COUNTY and CITY shall each have the right to designate a person to act as an arbitrator.
The two selected arbitrators shall then jointly select a third arbitrator. The decision of the
arbitration panel shall be binding on COUNTY and CITY.
The costs of the arbitration.panel shall be jointly split between the COUNTY and CITY.
The decision of the arbitration panel shall be binding and not subject to judicial review.
SECTION NO. 16: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered
within the State of Washington and it is mutually understood and agreed by each party
that this Agreement shall be governed by the laws of the State of Washington both as to
interpretation and performance. Any action at law, suit in equity or judicial proceeding for
the enforcement of this Agreement, or any provision hereto, shall be instituted only in
courts of competent jurisdiction within Spokane County, Washington.
SECTION NO. 17: SEVERARILITY
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•
It is understood and agreed among the PARTIES that if any parts, terms or provisions of
this Agreement are held by the courts to be illegal, the validity of the remaining portions or
provisions shall not be affected and the rights and obligations of the PARTIES shall not be
affected in regard to the remainder of the Agreement. If it should appear that any part, term
or provision of this Agreement is in conflict with any statutory provision of the State of
Washington, then the part, term or provision thereof that may be in conflict shall be deemed
inoperative and null and void insofar as it may be in conflict therewith and this Agreement
shall be deemed to modify to conform to such statutory provision.
SECTION NO. 18: RECORDS
All public records prepared, owned, used or retained by PUBLIC DEFENDER in
conjunction with providing Defender Services under the terms of this Agreement shall be
deemed CITY property and shall be made available to CITY upon request by the CITY
Manager subject to the attorney client and work product privileges set forth in statue, court
rule or case law. PUBLIC DEFENDER will notify CITY of any public disclosure request
under chapter 42.17 RCW for copies or viewing of such records as well as the PUBLIC
DEFENDER'S response thereto.
SECTION NO. 19: ASSURANCE
COUNTY and PUBLIC DEFENDER represent and assure CITY that no other city or town
will receive more favored treatment in receipt of Defender Services than that made
available to the CITY for similar services.
SECTION NO. 20: HEADINGS
The section headings appearing in this Agreement have been inserted solely for the
purpose of convenience and ready reference. In no way do they purport to, and shall not
be deemed to define, limit or extend the scope or intent of the sections to which they
pertain.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be
executed on date and year opposite their respective signatures.
DATED: 3— 26 —o "3 SPOKAN: • ." PUBLIC DEFENDER:
By: J v (A J �,-
r
Its: \JIG—E�J f
(Title)
Page 9 of 10
DAT ED:3AS1,7IrL --..„, BOARD OF COUNTY COMMISSIONERS
�-�of COM^,rss''∎ OF SPOKANE, COUNTY, WASHINGTON
St 1
i T�p'i'P*E CpU� OZ 11'
ABSENT
1 :� ��' I!
• . • OHN ROSKELLEY, Chair
ATTEST: 4 `� SEAL .• say'1
VICKY M. DALTON '►, ; r '_' � /i�` — —
CLERK OF THE BO e RD‘‘ '+I V ID �''• ' S, Vic -CI • r
r
BY: t/ _ JLI $_/ / 142
aniela Erickson, Deputy • 'E i C ASLIN
DATED: itia&eLM 62.4 ei 3 CITY OF SPOKANE VALLEY
By:
Its:
(Title)
Attest:
City Clerk
Approved as to form only:
cti,:City ! or y
FI:1Valley City Daft Contncts\Pubiic Defenderipublic defender services valley 032403-final.doc
Page 10 of 10
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3 030/alley City Costs for Public Defender Representation
This cost proposal is based on calculations extrapolated from the Sheriff s Dept_ gee-coded
statistics for first nine months of the year 2002 and the Public Defender PDMAN records of
County cases for the same time period. This time period is the most appropriate basis for a
projection of costs since it reflects recent changes in the criminal justice system that will
continue to affect the number of arrests and prosecutions for misdemeanor and gross
misdemeanor cases. The percentage of Public Defender County cases attributable to the Valley
City for this time period is 39%_ The figure below reflects 39% of the modified Misdemeanor
budget for the year 2003 plus a cost allocation for investigative services and overhead, The
budget has been modified to more accurately reflect the administrative and O&M costs of the
misdemeanor services provided by the Spokane County Public Defender_ Investigative services
costs have been separately calculated because the investigators are paid out of the general
organization (0047) budget. Overhead has been calculated at the rate of 6.34% of salaries and
benefits.
Salaries and benefits: $234,090.00
Investigator Salaries and Benefits: $ 2,835.00
O&M $ 9,180.00
Cost Allocation $ 14,841.00
Total: $260,946.00*
*This figure is for a nine month time frame from April 1,2003 to December 31, 2003,
Cost per Case
The projected number of misdemeanor/show cause cases in the Public Defender's Office for the
year 2003 is 5,400. This projection is based upon the total number of misdemeanor/show cause
cases for the year 2002 and the recent increase in traffic patrol officers and DUI prosecutions. If
this projection is accurate, the number of Valley City misdemeanor and show cause cases will he
2,106 (39%of 5.400). With that number of cases, the cost per case will be $163.00_ This
estimate is consistent with misdemeanor/show cause cost per case statistics for recent years. The
cost pet case for the years 1999, 2000 and 2001 were: $164, $168, and $150 respectively. If the
actual number of misdemeanor/show cause cases is lower than has been projected, the cost per
case will be higher. For example, the cost per case for 39% of 5,000 cases handled in the year
2003 would be $177,00. This amount is still a relative bargain when compared to the cost of
private or PD contract representation.
Page 1 oil
ATTACHMENT "A"
3 030�allev City Misdemeanor and Gross Misdemeanor Cases
These calculations are based on statistics provided by the Sheriff's Department and on the data
contained within the Public Defender's PDMAN case management system. The data from the
Sheriff's Department has been coded for the first nine months of 2002 to provide a statistically
reliable percentage of Spokane County cases that have originated within the geographical area
attributable to the Valley City. The PDMAN statistics allow for a segregation of those cases that
are solely attributable to Spokane County. Cases that are attributable to state agencies or
municipalities have been excluded because they would not be adjudicated in the Valley City
justice system under any circumstance. Thus, a percentage of Public Defender cases that would
have to be handled by the Valley City can be calculated by determining the percentage of overall
cases that are strictly Spokane County cases and reducing that percentage further by the
application of the percentage figure of Valley City/County cases developed by the Sheriff's
Department. In making this determination, a separate calculation for Show Cause Hearings was
not made since they would track on the same basis as the misdemeanor cases.
2002 First Nine Months
Spokane County
Misdemeanor Incidents 2,670
Gross Misdemeanor Incidents 2,321
Total 4,991
• Valley City
Misdemeanor incidents 1,384
Gross Misdemeanor Incidents 1.387
Total 2,771
Valley City percentage: 2,771 divided by 4,991 equals 56%
Public Defender County cases 1,895
Total Public Defender cases 2,715
PD County case percentage 1,895 divided by 2,715 equals 70%
PD County cases that are from
The Valley City area 56% of 1,895 equals 1,061
Percentage of Total PI) cases
that are from the Valley City area 1,061 divided by 2715 equals 39%
•
Average Percentage of PD Cases Attributable to the Valley City = 39%
Page 2 of 2
• Q .;priECP.. �o ►�� This Is to Certify s is a true and
•
.• ti io correct copy of the original document •
NO. 03oR on file In t e County
NO 3 0309 ir`' �N'. = o CommIsslone minutes of:3./a�3
kk k dated th da ofr
`�k CLERK OF THE BOARD
BEFORE THE BOARD OF *-LINTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF EXECUTING AN )
AGREEMENT AMONG SPOKANE )
COUNTY, SPOKANE COUNTY PUBLIC ) RESOLUTION
DEFENDER AND THE CITY OF )
SPOKANE VALLEY REGARDING )
PUBLIC DEFENDER SERVICES AND )
OTHER MATTERS RELATED THERETO )
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners of Spokane County has the care of County property and the management of County
funds and business; and
WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established
midnight, March 31, 2003, as its official date of incorporation and upon that date commenced
operations as a city; and
WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local
governmental authority and jurisdiction with respect to the newly incorporated area transfers from
Spokane County to City of Spokane Valley; and
WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and
cities to contract with each other to perform certain functions which each may legally perform; and
WHEREAS, pursuant to the provisions of RCW 39.34.180, the City of Spokane Valley is
responsible for the costs incident to prosecution of misdemeanor and gross misdemeanor offenses
which are violations of state statutes that occur within its jurisdiction and that are committed by
adults, and/or juveniles for traffic offenses pursuant to RCW 13.04.030(1)(e)(iii), as well as
misdemeanor or gross misdemeanor offenses which are a violation of City of Spokane Valley
ordinances and committed by adults, and/or juveniles for traffic offenses pursuant to RCW
I3.40.030(1)(e)(iii); and
WHEREAS, the City of Spokane Valley desires to utilize the services of the Spokane
County Public Defender for the purpose of(1) representing indigents where the initial charge is a
State misdemeanor or gross misdemeanor offense committed by an adult, and/or a juvenile for a
traffic offense pursuant to RCW 13.40.030(1)(e)(iii), and occurring within the City of Spokane
Valley; and/or (2) representing indigents where the initial charge is a City of Spokane Valley
misdemeanor or gross misdemeanor and referred to the Spokane County Public Defender.
Page 1 of 2
3 0309
NOW, TITEREFORE, BE IT HEREBY RESOLVED by the Board of County
Commissioners of Spokane County, that either the Chairman of the Board, or a majority of the
Board, be and is hereby authorized to execute that document entitled "INTERLOCAL
AGREEMENT FOR PUBLIC DEFENDER SERVICES IN THE CITY OF SPOKANE VALLEY"
pursuant to which, under certain terms and conditions, the City of Spokane Valley will utilize the
services, and be responsible for costs in conjunction therewith, of the Spokane County Public
Defender in (1) representing indigents where the initial charge is a State misdemeanor or gross
misdemeanor offense committed by an adult, and/or a juvenile for a traffic offense pursuant to
RCW 13.40.030(1)(e)(iii), and occurring within the City of Spokane Valley; and/or(2) representing
indigents where the initial charge is a City of Spokane Valley misdemeanor or gross misdemeanor
and referred to the Spokane County Public Defender. The total projected cost for the remainder of
2003 is TWO HUNDRED SIXTY THOUSAND NINE HUNDRED FORTY-SIX DOLLARS
($260,946). �,, /
PASSED AND ADOPTED thisCQLf day of-2� � Ae,/--) , 2003.
0 0� CO' 44p ++ BOARD OF COUNT' COMMISSIONERS
Y' 'O E C1G.. ?1 1 OF SPOKANE, COUNTY, WASHINGTON
q .h4 yam. t
if 1111 - e
1i a - SEAL . � %
++++4-‘14,E. clout.= JOHN ROSKELLEY, Chair
ATTEST:
VICKY M. DALTON -
CLERK OF THE BOARD �� �/_
�, I • • S Vic Ch 'r
/ �
i /K A
I aniela Erickson,Deputy M. •TE I' ASLIN
11:1Valley City\Resolutioaslvalley-public defender scrvices.doc
Page 2 of 2