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03-021 Pretrial Services Return to: Oanmela Erickson Spokane Valley Contract Clerk of the Board No. CO3-21 1116 West Broadway Approved: March 25, 2003 Spokane, Washington 99260 • INTERLOCAL AGREEMENT FOR PRETRIAL SERVICES 3 0314 IN THE CITY OF SPOKANE VALLEY (April 1, 2003-December 31, 2004) ':Gills AGREEMENT, made and entered into by and between the Spokane County, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to 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 WH=EREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established 12:01 A.M. April 1, 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 will transfer from Spokane County to the City of Spokane Valley; and WHEREAS,"chapter 39.34 RCW (lnterlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and Page 1 of 9 • CO3-21 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 that occur within its jurisdiction and that are committed by adults; and WHEREAS, Spokane County has established the Office of Pretrial Services ("OPTS"). OPTS has two primary responsibilities. First, OPTS interviews, investigates and makes recommendations to District and Superior Courts on all felons who are in custody and have a First Appearance (Bond) Hearing. Second, both Spokane County District/Municipal Court and Spokane County Superior Court designate OPTS to process Public Defender applications in order to make a determination of indigency. WHEREAS, the City of Spokane Valley desires to utilize the services OPTS to process Public Defender applications in order to make a determination of indigency where the charge is for a violation of a state statute punishable as a misdemeanor or gross misdemeanor offense committed by an adult within the jurisdiction of the City of Spokane Valley and/or the charge is for a violation of a City of Spokane Valley ordinance punishable as a misdemeanor or gross misdemeanor, hereinafter referred to as "Pretrial Services." 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 this Agreement is to reduce to writing the PARTIES understanding as to the terms and conditions under which COUNTY through the Office of Pretrial Services ("OPTS") will provide "Pretrial Services" for CITY. Pretrial Services are defined in Section No. 4 hereinafter. It is the intent of the PARTIES that Pretrial Services to be provided by COUNTY will be consistent with CITY'S Council/Manager form of government provided for in chapter 35A.13 RCW and the provisions of chapter 10.101 RCW. SECTION NO. 2: DURATION This Agreement shall commence at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one of the PARTIES provides notice of termination as further described in Sections No. 5 and 12 of this Agreement. Page 2 of 9 SECTION NO. 3: COST OF SERVICES AND PAYMENTS CITY shall pay COUNTY the actual costs for Pretrial Services provided under this Agreement. The estimated cost for Pretrial Services under this Agreement for 2003 is NINTEEN THOUSAND ONE HUNDRED TWENTY-SIX DOLLARS ($19,126.00). CITY'S estimated cost was arrived at by using that methodology set forth in Attachment "A," attached hereto and incorporated herein by reference. The PARTIES agree to use that same methodology contained in Attachment "A" to arrive at the estimated costs for calendar year 2004 Pretrial Services. The PARTIES recognize that the costs will more than likely increase in 2004. For instance, staff may receive salary adjustments by COUNTY or the maintenance and operation expenses of OPTS may increase. These increases or potential decreases will be reflected in the figures used in the methodology for calculating the CITY'S 2004 estimated costs. Additionally, the methodology will use the actual number of CITY cases receiving Pretrial Services. At the end of calendar year 2003 and calendar year 2004, using actual maintenance and operations expenditures ("M&O") expenditures as well as actual number of Pretrial Services provided to CITY for each year, COUNTY and CITY will each determine respectively whether or not the estimated M&O numbers and number of Pretrial Services number(s) (percentage) used as the basis for calculating costs were accurate. 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 of the year following the year Pretrial Services were performed. For the purpose of this Agreement, the terminology M&O shall have the same meaning as set forth in the BARS manual adopted by the State of Washington under. chapter 43.88 RCW. COUNTY will bill CITY for the cost of services as outlined, monthly, during the first week of the month. Monthly payments will be determined by dividing yearly costs by twelve(12) except for the 2003, where the above amount shall be divided by nine (9). 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. SECTION NO. 4: SERVICES PROVIDED RCW 10.101.020(1) provides that a determination of indigency shall be made for all persons wishing the appointment of counsel in criminal cases where the right to counsel Page 3 of 9 • attaches and that the Court shall determine whether the person is indigent pursuant to the standards set forth in chapter 10.101 RCW. COUNTY through the Office of Pretrial Services ("OPTS") will process indigency applications for CITY in instances where the charge is for a violation of a state statute punishable as a misdemeanor or gross misdemeanor offense committed by an adult within the jurisdiction of the CITY and/or where the charge is for a violation of a City of Spokane Valley ordinance punishable as a misdemeanor or gross misdemeanor. Pretrial Services shall be provided in the OPTS office, Spokane County Jail, or in the courtroom at the request of a Spokane County District Court Judge. in the event CITY requests such Pretrial Services be provided at a location other than those provided for herein, the PARTI=ES agree to meet and mutually negotiate any and all increased/decreased costs to COUNTY in providing such Pretrial Services at such additional location(s). CITY further recognizes that a change in working location is a change in "working conditions." COUNTY will need to negotiate changes in working locations with affected bargaining units. COUNTY OPTS Program Manager or his/her designee agrees to attend staff meetings as requested by the CiTY Manager. COUNTY OPTS Program Manager or his designee further agrees to meet upon request by the CITY Manager or his/her designee to discuss any Pretrial Service provided under the terms of this Agreement. CiTY agrees COUNTY will use COUNTY'S stationary in conjunction with providing • Pretrial Services under the terms of this Agreement. SECTION NO. 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the clay 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 PARTIES: COUNTY: .Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 Page 4 of 9 • 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. f: REPORTING COUNTY OPTS Program Manager shall provide a mutually acceptable quarterly report to CITY that will contain information relating to Pretrial Services performed during the preceding quarter. SECTION NO. 7: COUNTERPARTS 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. 8: ASSIGNMENT No party may assign in whole or part its interest in this Agreement without the written approval of all other PARTY. SECTION NO. 9: STAFF ASSIGNI'IENT, RETENTION, DISCIPLINE, AND HIRING. COUNTY shall hire, assign, retain and discipline all employees performing Pretrial Services under this Agreement according to applicable collective bargaining agreements and state and federal laws. COUNTY agrees to meet and confer with CITY with respect to staff who are assigned to provide Pretrial Services. SECTION NO. 1.0: :LLA,_ LLITY (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 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 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 Page 5of9 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 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. (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 and auto liability coverage. 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 representative of CITY shall be deemed to be an employee, agent, servant or representative of COUNTY for any purpose. SECTION NO. 12: MODIFICATION/TERiMNATION This Agreement may be modified in writing by mutual written agreement of the PARTIES. Any Party may terminate this Agreement upon a minimum of 90 days written notice to the other PARTY. Page 6 of 9 Upon termination, CITY shall be obligated to pay for only those Pretrial Services rendered prior to the date of termination based upon a pro rata division of those fees set forth in Section No. 3 for the month termination is effective based on calendar days. Upon termination, at CITY'S option and at no cost to CITY, COUNTY shall continue to provide services to completion for those indigency applications received prior to the effective date of termination. SECTION NO. 13: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in association with COUNTY providing Pretrial Services under the terms of this agreement shall remain with the COUNTY unless specifically and mutually agreed by the PARTIES to the contrary. SECTION NO. 14: ALL WRITINGS CONTAINED HEREINBINDING 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 methodology used to calculate the 2004 costs of Pretrial Services under the terms of this Agreement that cannot be resolved between the PARTIES shall be subject to binding arbitration. COUNTY and CITY shall have the right to designate one person each 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 the PARTIES and not subject to judicial review. The costs of the arbitration panel shall be jointly split between the PARTIES involved in the arbitration. 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 Page 7 of 9 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: SEVERABILiTY 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 COUNTY and OPTS in conjunction with providing Pretrial 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 any applicable laws regarding privacy. COUNTY will notify CITY of any public disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the COUNTY'S response thereto. SECTION NO. 19: ASSURANCE COUNTY represents and assure CITY that no other city or town will receive more favored treatment in receipt of Pretrial 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. Page 8 of 9 IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: 0/Z /zoo BOARD OF COUNTY COMMISSIONERS of co,�n,,ss' ,; OF SPOKANE, COUNTY, WASHINGTON °o 666 f04. 444 ABSENT e % JOHN ROSKELLEY, Chair •ATTEST: �l . ' i VICKY M. DALTOII ` `' S�.�t. ' CLER_K. OF THE BOA I P D. HARRIS, Vice-Chair • • te 4* it Daniela Erickson, Deputy M. KATE 'VI1'CASLIN DATED: / c2 c 3 CITY OF SPOKANE VALLEY: /j A� • t: By: i�' 5/4441)6A) Its: z t,rte-. Cl 1/2•4 7 rG Ci Clerk (Title) Approved as to form only: iprz City o ►ey H_\Vallry City\Draft Co tr cislpretrial scrvic s\prctrial services 03 2503.iinal.doc Page 9 of 9 • • • 3 0314 BUDGET & STAFF ALLOCATIONS- CITY OF SPOKANE VALLEY Office of Pre-Trial Services The department's 2003 Salary & Benefits (S&B) budget is $284,784. The Maintenance & Operations (M&O) budget is $10,398. Our total projected 2003 budget is $295,182. 20% of Salaries & Benefits, or $56,957, is dedicated to providing misdemeanor services to the unincorporated area of the county, which includes the new City of Spokane Valley. 26% of Maintenance & Operations, or$2,703, is dedicated to misdemeanor services. We have been tracking misdemeanor cases since June and identifying the area of the county where the arrests were made. The number of arrests in the City of Spokane Valley has run between 38% and 42%. The percentages have remained consistent and our data coincides with statistical data compiled by District Court and the Sheriffs Department. Based on these figures, $22,782 or 40% of the department's Salary & Benefit budget ($56,956 x 40%) is allocated to the City of Spokane Valley. Maintenance & Operations was $1,081. Indirect costs as a portion of S&B total $1,638. Indirect costs are calculated as follows: Formula Indirect Costs=Misdemeanor Portion of 2003 Salary&Benefits x 40% x Factor(7.19%) $56,956 x 40% = $22,782 $22,782 x 7.19% = $1.638 indirect Cost Total departmental costs allocated to the City of Spokane Valley is $25,501. This amount represents 12 months. For the time frame from April 1, 2003 through December 31, 2003 this amount will be reduced to $19,126.00. • ATTACHMENT "A" • NO.• 3 0314 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY,WASHINGTON IN THE MATTER OF EXECUTING AN ) AGREEMENT BETWEEN SPOKANE ) RESOLUTION COUNTY AND THE CITY OF SPOKANE ) VALLEY REGARDING PRETRIAL ) SERVICES ) 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 finds and business; and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established 12:01 A.M. April 1, 2003, as its "official date" of incorporation and upon that date will commence operations as a city; and WIIE.REAS, 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 will transfer 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 W_I]PJ AS, 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 that occur within its jurisdiction and that are committed by adults; and WHEREAS, Spokane County has established the Office of Pretrial Services ("OPTS"). OPTS has two primary responsibilities. First, OPTS interviews, investigates and makes recommendations to District and Superior Courts on all felons who are in custody and have a First Appearance(Bond) Hearing. Second, both Spokane County District/Municipal Court and Spokane County Superior Court designate OPTS to process Public Defender applications in order to make a determination of indigency. WI{EREAS, the City of Spokane Valley desires to utilize the services of OPTS to process Public Defender applications in order to make a determination of indigency where the charge is for a violation of a state statute punishable as a misdemeanor or gross misdemeanor offense committed by an adult within the jurisdiction of the City of Spokane Valley and/or the charge is for a violation of a City of Spokane Valley ordinance punishable as a misdemeanor or gross misdemeanor, referred to as "Pretrial Services." NOW, THEREFORE, 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 PRETRIAL SERVICES INi THE CITY OF SPOKANE VALLEY" pursuant to which, under certain terms and conditions, the City of Spokane Valley will utilize the services of Page 1 of 2 • 3 0314 -- OPTS to process Public Defender applications in order to make a determination of indigency where the charge is for a violation of a state statute punishable as a misdemeanor or gross misdemeanor offense committed by an adult within the jurisdiction of the City of Spokane Valley and/or the charge is for a violation of a City of Spokane Valley ordinance punishable as a misdemeanor or gross misdemeanor. The projected cost for the remainder of 2003 is TWENTY-FIVE THOUSAND FIVE HUNDRED and ONE DOLLARS ($25,501.00). PASSED AND AD e +1) this02,��/day of , 2003. °.• cont,y�s�'NItI BOARD OF COUNTY COMMISSIONERS if Qom. 4:1;11.E coG•�°2 �l j.':e I 4�;. °/ OF SPOKANE, COUNTY, WASHINGTON ,t ��. A • m ASSENT• I., 't, s ,�• 4:r JOHN ROSKELLEY, Chair ATTEST: `‘\ cow VICKY M. DALTON .,,�∎,"T-CLERK OF THE BOARD fe.roi ' H A RIS, Yee-Chair Y/ / // . / . . Sjl . _ _. `Daniela Erickson,Deputy M. KATE M CASL1N This is to Certify this Is a true and '°e Co44414s, ',L correct copy of the original document % ,,9a-0':