06-018.01 Spokane County: Public Defender Services Addendum 1c -olg.o1
ADDENDUM TO THE INTERLOCAL AGREEMENT FOR PUBLIC DEFENDER 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 Public
Defender(hereafter referred to as"Public Defender"),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 Public Defender Services in
the City of Spokane Valley(the"Agreement")executed by the County under Resolution No. 06-0195,the
City under signature dated March 1,2006,and the Public Defender under signature dated March 24,2006;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,there are various position groups accounted for within the Public Defender services
cost methodology, including, but not limited to, attorneys, paralegals, receptionists, and investigators.
Investigators perform a role for public defense attorneys similar to the role performed by law enforcement
officers on behalf of prosecuting attorneys, and includes such duties as interviewing witnesses, and
compiling and analyzing evidence pertaining to a criminal case. In past years, the Public Defender
investigator costs were allocated each year to the City by multiplying the total salary and benefits of all
investigators by a fixed one percent,as specified in the former Exhibit 2,and in recognition of the previously
limited role in which investigators supported City criminal cases;and
WHEREAS,the County previously adopted Standards for Indigent Defense pursuant to Spokane
County Resolution No. 13-0773, executed August 27, 2013; and the City adopted similar Standards for
Indigent Defense pursuant to Resolution No. 15-006,executed July 14, 2015; and
WHEREAS,the aforementioned Standards for Indigent Defense for City and County each address
the appropriate use of investigators; and
WHEREAS, for the time period 2010-2016, the Parties suspended the end-of-year cost
reconciliation process and maintained payments at 2011 estimated rates,as is typical,while various changes
were negotiated, including modifications to the indirect rate, changes to the allocation basis used for
General Administrative salary and General M&O costs, and changes to the City's share of investigator
salary costs. The effect of these changes resulted in a net City underpayment during this time period. The
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City agrees to pay the County $245,361.08 to settle these past contract years within thirty (30) days of
signing this addendum; and
WHEREAS, effective beginning with the 2017 estimate and for subsequent years, the Parties
desire to modify Exhibit 2 to more accurately reflect the increased time which investigators spend
investigating City criminal misdemeanor cases. The Parties now agree that,effective with the 2017 estimate
and for subsequent years,the total misdemeanor investigator costs shall be allocated using a payroll costs
basis; and
WHEREAS, in past years,the Parties allocated General Administrative Salary costs and General
M&O costs to the misdemeanor unit using an attorney FTE(Full Time Equivalent)basis. The Parties now
agree that effective with the 2017 estimate,the allocation basis used to allocate these component costs shall
be a payroll costs basis.
NOW THEREFORE,for and in consideration of the above referenced recitals which are adopted
herein by reference, mutual promises set forth herein, and as provided for in the underlying document
entitled "Interlocal Agreement for Public Defender Services in the City of Spokane Valley (January 1,
2005-December 31,2005)"(the"Agreement")executed by the County under Resolution No. 06-0195,the
Parties 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
Agreement is to change the way the indirect costs the County charges the City are calculated.
Indirect costs are 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 Exhibit 2 to the Agreement,but now agree that
it is acceptable to calculate the indirect rate based on"total expenditures."
1.2 Effective with the 2017 Estimate and for Subsequent Years. INVESTIGATOR COST
METHODOLOGY SCOPE OF CHANGE. This subsection is intended to change the way the
investigator costs the County charges the City are calculated. Previously,the Parties calculated
the City's share of investigator costs by multiplying the total salary and benefits costs of the
investigator unit by one percent. Pursuant to the new Exhibit 2, investigator costs shall be
allocated using a payroll costs allocation basis where the misdemeanor percentage share of
investigator costs shall be determined by dividing the total Public Defender Department
misdemeanor payroll costs, inclusive of attorneys and dedicated misdemeanor support staff,
by the sum of those Public Defender payroll costs receiving investigative support. Currently
those payroll units are felonies, misdemeanors, and Fund 161. The City's share of
misdemeanor investigator costs is then determined by multiplying the City's percentage of
misdemeanor attorney cases out of total misdemeanor cases, by the new misdemeanor
investigator cost.
1.3 Effective with the 2017 Estimate and for Subsequent Years. GENERAL M&O AND
GENERAL ADMINISTRATIVE COST METHODOLOGY SCOPE OF CHANGE. This
subsection is intended to change the way General M&O and General Administrative costs are
allocated to the Misdemeanor unit. Previously, the Parties allocated General M&O and
General Administrative Costs to misdemeanors using an FTE basis. Pursuant to the new
Exhibit 2, the misdemeanor share of General M&O and General Administrative costs shall
utilize a payroll costs basis and be determined by dividing the misdemeanor payroll costs by
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the sum of all Public Defender payroll costs that utilize these services. The City's share of
General M&O and General Administrative costs is then determined by multiplying the City's
percentage of misdemeanor attorney cases out of total misdemeanor cases by the new
misdemeanor General M&O and General Administrative costs.
SECTION TWO: DURATION - This Addendum shall be in full force and effect 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 will remain unchanged by this Addendum.
IN WITNESS WHEREOF,the Parties have caused this Addendum to be executed on the date and
year opposite their respective signatures.
DATED: q- I 9. / 7 BOARD OF COUNTY COMMISSIONERS
OF S NE C UNTY,WASHINGTON
OF CoA_ /f
/� •�' •'e4 °�:°z 7 0 AL FRENCH, Chair
0 : ;I :
•
•
!�k S i•• P•
i
ATTEST: ���\'�'co , r JOSH KERNS,Vice-Chair
Clerk of the Board
j3kAi/n6t V VACANT
Commissioner
17 - 0806
DATED: 6) — 3 d / 9 CITY OF SPOKANE VALLEY
aAL 04/66.1
cea Mark alhoun,City Manager
hristine Bainbridge,City Clerk
APPROVE i AS TO FORM ONLY:
IlL.
Office o e City Attorney
DATED: SPOKANE COUNTY UBLIC DEFENDER
Tom Krzyminski, Spo ane County Public Defender
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