06-017 Prosecuting Attorney Services l�
Return to: Daniela Erickson,Clerk of the Board
Board of County Commissioners
11.16 W. Broadway
Spokane,Washington 99260
INTERLOCAL AGREEMENT FOR PROSECUTING ATTORNEY SERVICES
IN THE CITY OF SPOKANE VALLEY
(January 1,2005—December 31,2005) 6 0194
THIS AGREEMENT, made and entered into by and among the Spokane County Prosecuting
Attorney, having offices for the transaction of business as 1 100 West Mallon, Spokane Washington 99260-
0270, hereinafter referred to as "PROSECUTING ATTORNEY," Spokane County, a political subdivision
of the State of Washington, having offices for the transaction of business at West 1 116 Broadway Avenue,
Spokane, Washington 99260, hereinafter referred to as "COUNTY," together sometimes referred to along
with the PROSECUTING ATTORNEY 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." The PROSECUTING ATTORNEY, COUNTY
and CITY agree as follows:
SECTION NO. 1: RECITALS AND FINDINGS
(a) The Board of County Commissioners of Spokane County has the care of COUNTY
property and the management of COUNTY funds and business under RCW 36.32.120(6).
(b) Counties and cities may contract with each other to perform certain functions which each
may legally perform under chapter 39.34 RCW (Interlocal Cooperation Act).
(c) • The City of Spokane Valley pursuant to the provisions RCW 39.34.180 is responsible for
the costs incident to (1) prosecution of misdemeanor and gross misdemeanor offenses which are violations
of state statutes that occur within its jurisdiction and that are committed by adults, (2) traffic offenses
committed by juveniles pursuant to RCW 13.04.030(1)(e)(iii), and (3) misdemeanor or gross misdemeanor
offenses which are a violation of City of Spokane Valley ordinances and committed by adults.
(d) The City of Spokane Valley desires to utilize the services of the Spokane County
PROSECUTING ATTORNEY for the purpose of prosecuting cases where the charge is (i) an infraction;
and/or (ii) a violation of a state statute punishable as a misdemeanor or gross misdemeanor offense
committed by an adult; and/or (iii)a violation of a City of Spokane Valley zoning ordinance punishable as a
misdemeanor, all of which occur within the jurisdiction of the City of Spokane Valley and which arc
forwarded to the PROSECUTING ATTORNEY, hereinafter referred to as"Prosecution Services."
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C06-17
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SECTION NO.2: DEFINITIONS
(a) Agreement: "Agreement" means this Interlocal Agreement between the CITY and
COUNTY regarding public defender legal services.
(h) City: "CITY" means the City of Spokane Valley.
(c) County: "COUNTY" means Spokane County.
(d) Maintenance and Operations: "Maintenance and Operations" and "M&O" shall mean (I)
those class codes (3000-5999 and 7000-9999) used by Spokane County in its budgetary process as
prescribed by the BARS manual adopted by the State of Washington under chapter 43.88 RCW so long as
such expenditures are directly attributable and proportionate to services rendered to CITY under the terms
of this Agreement.
(e) Services: "Services"means those services identified in Exhibit 1.
(1 Compensation: "Compensation" means that methodology set forth in Exhibit 2A, 2B and
2C used to establish the amount of money which the CITY will pay the COUNTY for providing Services. ,
(g) Capital Improvement: "Capital Improvement" shall mean any expenditure in excess of
$1999.99 or such higher figure as set by the COUNTY as the capitalization threshold during the term of
the Agreement. The COUNTY shall give the CITY advance notice of any increase in the capitalization
threshold. The PARTIES agree to meet and discuss the impacts of any change in the capitalization
threshold which will cause an increase of costs to the CITY in excess of $50,000.00. Any such
expenditure will be coded as provided for in the BARS-manual adopted by the State of Washington
under RCW 43.88.
(h) Uncontrollable Circumstances: "Uncontrollable Circumstances" means the following
events: riots, wars, civil disturbances, insurrections, acts of terrorism, external fires and floods, volcanic
eruptions; lightning or earthquakes at or near where the Services are performed and/or that directly affect
providing of such Services.
Report: "Report" means the Prosecutor's record management system commonly referred
to as Caseman.
co Prosecuting Attorney: "Prosecuting Attorney" means that person appointed as a
prosecuting attorney under chapter 36.27 RCW and his/her deputies/assistants appointed under RCW
36.27.040 and RCW 36.16.070.
SECTION NO.3: PURPOSE
The purpose of this Agreement is to reduce to writing the PARTIES' understanding as to the terms and
conditions under which the PROSECUTING ATTORNEY will provide Services on behalf of the CITY. It
is the intent of the PARTIES that Services to he provided by the PROSECUTING ATTORNEY will be
consistent with the CITY'S Council/Manager form of government provided for in chapter 35A.13 RCW.
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SECTION NO.4: DURATION/WITHDRAWAL
This Agreement shall commence on January 1,2005,and run through December 31,2005.
At the conclusion of the initial term, this Agreement shall automatically be renewed from year to year
thereafter effective January I" to December 3131' All renewals shall be subject to all terms and conditions
set forth herein except for Exhibit 2A,2B and 2C.
The PARTIES recognize it highly unlikely that Exhibit 2A, 213 and 2C setting forth the estimated costs for
each year's Services will be available at the start of any renewal time frame. Accordingly, until new
Exhibits 2A, 2B and 2C have been prepared and agreed to between the PAR.Ti.ES, the PARTIES agree that.
the COUNTY will bill the CITY and the CiTY will pay the COUNTY at the same monthly payment rate
used for the previous year. Upon the PA.RTi.ES agreement on new Exhibits 2A, 213 and 2C, the CITY and
COUNTY will reconcile payments to date under the previous year's payment schedule with the new
payment schedule. Any underpayment for any Services will be due in the first payment due following
reconciliation. Any overpayment for any Services will be credited to the first monthly payment due
following the reconciliation. The PARTIES agree that no interest shall be owing by either Party to the other
Party for any overpayment or underpayment determined as a result of the reconciliation.
Any Party may withdraw at any time from this Agreement for any reason whatsoever upon a minimum of
180 days written notice as provided for in Section 7 to the other Party. •
In the event of termination, at C1IY'S option, PROSECUTING ATTORNEY shall continue to provide
Services to completion for those cases filed prior to the effective date of the termination.
SECTION NO.5: COST OF SERVICES AND PAYMENTS
The CITY shall pay the COUNTY the actual costs for Services provided under this Agreement. The
estimated cost for 2005 Services under this Agreement shall be as set forth in Exhibits 2A, 2B and 2C,
attached hereto and incorporated herein by reference.
The methodology used to arrive at fees for misdemeanor services in Exhibit 2A uses the last six (6)
months of Report numbers for 2003 and first six (6) months of Report numbers for 2004 and averages
them for a twelve (12) month time frame. The resulting number is used as a basis to estimate the 2005
cost of service for misdemeanor services in Exhibit 2A. The COUNTY CEO shall advise the CITY
Manager as soon as possible of any anticipated or unanticipated capital improvement costs that arise
during the contract period. The. City shall pay capital improvement costs either (1) under the Cost
Allocation Plan as an indirect cost amortized over the useful life of the improvement utilizing straight-
line depreciation and incorporating the expected salvage value of the improvement at the end of its useful
life or (2) as a direct cost in the form of a contribution made to the Equipment Rental and Revolving
Fund. The CiTY shall be responsible only for capital improvement costs incurred after March 31, 2003.
Any portion of a capital improvement that was paid for or acquired through separate agreement or with
grant proceeds, bond proceeds, user fees, donations, or any other acquisition method that reflects a
contribution on behalf of CITY shall not be included in the depreciation schedule applied to the CiTY.
Any capital improvement for which the COUNTY seeks reimbursement from the CITY must be
necessary to fulfill the requirements of this Agreement.
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At the end of the calendar year, using the methodology set forth in Exhibit 2A for misdemeanor services and
Exhibit 2B for civil infraction services, the PARTIES shall apply the actual expenditures and the actual
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usage percentage, where applicable, to determine the final cost. There is no adjustment for Exhibit 2C for
Civil Department misdemeanor zoning ordinance services in as much as they are billed out on an hourly
rate. It is the PARTIES intent that any adjustment take place as soon as possible and accordingly will use
their respective best efforts to timely prepare; disseminate and review all expenditure documentation. The
CiTY will have sixty (60) calendar days from its receipt of the expenditure documentation to provide the
COUNTY with any written objections(s)to such documentation. The written objection(s)must specifically
identify the expenditure(s) in question. The COUNTY agrees to consider all written objections received
from the CiTY within thirty (30) calendar days of receipt of the objections(s). in the event that the
PARTIES cannot mutually resolve any written objection(s) submitted by the CITY within the thirty (30)
calendar clays time frame, or such other time frame as the PARTIES may mutually agee, the objections
shall be resolved pursuant to the Dispute Resolution provisions set forth in Section No. 17. Pending
resolution of the objections(s), the PARTIES agree that the CITY shall pay that portion of the bill that is
undisputed.
To the extent that.the CITY was over billed in any year and the Agreement is still in effect, the COUNTY
shall credit the CiTY for such overpayment in the next monthly payment owing by the CITY. Provided;
however, in the event the Agreement is terminated at such time that the overpayment is determined, the
COUNTY shall reimburse the CiTY for any overpayment within thirty (30) calendar days. To the extent
that the CiTY was under billed in any year and the Agreement is still in effect,the CITY shall reimburse the
COUNTY for any underpayment in the next monthly payment owing by the CITY. Provided, however, in
the event the Agreement is terminated at such time that the underpayment is determined, the CITY shall
reimburse the COUNTY for any underpayment within thirty(30)calendar days. Either Party may at its sole
option charge interest on any overpayment or underpayment based on lost interest earning had the amount
determined due been invested in the respective PARTIES investment pool at the end of the thirty (30) day
time frame provided for hereinabove to the date of payment.
Any resolution of a disputed amount through use of the arbitration process identified in Section 17 shall
include at the request of either Party, a determination of whether interest is appropriate, including the
amount.
The COUNTY will bill the CITY for the cost of services as outlined, monthly, by the 15th of the month.
Monthly payments for (1) misdemeanor services and (2) civil infraction services will be calculated by
dividing those annual costs set forth in Exhibits 2A and 2B by twelve (12). Payments by the CITY will be
due by the 54 day of the following month. The COUNTY, at its sole option, may charge interest on any late
payment calculated on any lost interest earning had the amount due been invested since the date due to the
date of payment in the COUNT Y's investment pool.
SECTION NO. 6: RELATED RESPONSIBILITIES IN CONJUNCTION WiTH PROVIDING
SERVICES
The COUNTY and PROSECUTING ATTORNEY or their designees agree to attend staff meetings as
requested by the CITY Manager.
The COUNTY and PROSECUTING ATTORNEY or their designee agree to meet upon request by the
CiTY Manager or his/her desigmee to discuss any Service provided under the terms of this Ateement.
The CiTY agrees the PROSECUTING ATTORNEY may use the COUNTY'S stationery in conjunction
with providing Services under the terms of this Agreement.
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SECTION NO. 7: 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 day on
which the same have been mailed by first class delivery, postage prepaid addressed to the COUNTY or the
CITY at the address set forth below for such Party, or at such other address as either Party shall from time-
to-time designate by notice in writing to the other Party:
COUNTY: Spokane County Chief Executive Officer
or his/her authorized representative
1 1 16 \'Vest Broadway Avenue
Spokane, Washington 99260
CITY: City of Spokane Valley City Manager
or his/her authorized representative
Redwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
PROSECUTING ATTORNEY: Spokane County Prosecuting Attorney
1100 West Mallon
Spokane, Washington 99260-0270
SECTION NO. 8: REPORTING
Reports — The PROSECUTING ATTORNEY shall provide the CITY with reports documenting actual
usage under this Agreement. The Parties agree that the terminology "reports documenting actual usage"
means that type of information provided by the PROSECUTING ATTORNEY to the CITY in the 2004
agreement for Services. An updated report shall be submitted quarterly unless otherwise mutually agreed by
the Parties. Such reports shall be in a format as mutually agreed to between the Parties. The content and/or
format for such reports may be changed from time-to-time by written agreement between CITY and
COUNTY/PROSECUTING ATTORNEY staff.
Records Review—The CITY shall be allowed to conduct random reviews of the records generated by the
COUNTY/PR.OSECUTING ATTORNEY in performance of this Agreement. The CITY will provide the
COUNTY/PROSECUTING ATTORNEY with reasonable advance notice of the records reviews. The
Parties agree that they will make best efforts to achieve a resolution of any potential records confidentiality
issues, including entering into confidentiality agreements or other similar mechanisms that will allow
disclosure of the necessary information to accurately conduct a records review. If the CITY will be allowed
to view only those records directly relating to Services provided within CITY's corporate boundaries, then
the COUNTY/PROSECUTING ATTORNEY must keep a log of original documents used to charge the
CITY, and those documents must have identifying numbers or letters so the original source documents can
be easily retrieved.
SECTION NO. 9: 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.
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SECTION NO. 10: ASSIGNMENT •
No Party may assign in whole or part its interest in this Agreement without the written approval of the other
PARTY.
SECTION NO. 11: COUNTY EMPLOYEES
PROSECUTING ATTORNEY shall hire, assign, retain and discipline all employees performing Services
under this Agreement according to applicable collective bargaining agreements and applicable state and
federal laws.
PROSECUTING ATTORNEY agrees to meet and confer with the CITY with respect to staff that is
assigned to provide Services. issues of discipline or performance will be specifically handled according to
PROSECUTING ATTORNEY policies.
SECTION NO. 12: LIABILITY
For the purpose of this Section, the terminology "COUNTY" shall also include the "PROSECUTING
ATTORNEY."
(a) The COUNTY shall indemnify and hold harmless the CITY and its officers,agents,and employees,
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, 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 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 suit if any principle of governmental or public law is involved; and if final judgment in
said suit be rendered against the CiTY, and its officers, agents, and employees, or jointly against the CITY
and the COUNTY and their respective officers,agents,and employees,the COUNTY shall satisfy the same.
(b) The CITY shall indemnify and hold harmless the COUNTY and its officers,agents,and employees,
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, 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 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 in
said suit be rendered against the COUNTY, and its officers, agents, and employees, or jointly against the
COUNTY and the CiTY and their respective officers, agents, and employees, the CiTY shall satisfy the
same.
(c) If the comparative negligence of the Parties and their officers and employees is a cause of such
damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in proportion to
their relative degree of negligence and the right of indemnity shall apply to such proportion.
(d) Where an officer or employee of a Party is acting under the direction and control of the other
Party, the Party directing and controlling the officer or employee in the activity and/or omission giving
rise to liability shall accept all liability for the other Party's officer or employee's negligence.
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(e) Each Party's duty to indemnify shall survive the termination or expiration of the Agreement..
(f) The foregoing indemnity is specifically intended to constitute a waiver of each Party's immunity
under 1Vashington's industrial insurance Act, chapter 51 RC\V, 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 I'ARTi.ES acknowledge that these provisions were specifically negotiated
and agreed upon by them.
(g) The COUNTY and the CiTY agree to either self insure or purchase policies 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 professional liability and auto liability coverages.
SECTION NO. 13: RELATIONSHIP OF THE PARTIES
The PARTIES intend that an independent contractor relationship will be created by this Agreement. The
COUNTY/PROSECUTING ATTORNEY shall be an independent contractor and not the agent or employee
of the CITY, that the CITY is interested only in the results to he achieved and that the right to control the
particular manner, method and means in which the services-are performed is solely within the discretion of
the COUNTYiPR.OSECUTING ATTORNEY. Any and all employees who provide Services to the CITY
under this Agreement shall be deemed employees solely of the COUNTY/PROSECUTING ATTORNEY.
The COUNTY shall be solely responsible for the conduct and actions of all employees under this
Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or
representative of the CiTY shall be deemed to be an employee, agent, servant or representative of the
COUNTY for any purpose.
SECTION NO. 14: MODIFICATION
This Agreement may he modified in writing by mutual written agreement of the PARTIES.
SECTION NO. 15: PROPERTY AND EQUIPMENT
The ownership of all property and equipment utilized in conjunction with providing the Services shall
remain with the original owner, unless otherwise specifically and mutually agreed to by the PARTIES to
this Agreement. For the purpose of this section, the terminology "owner" means that Party which paid
the full purchase price for the property or equipment.
SECTION NO. 16: ALL WRITINGS CONTAINED HEREINMI DING 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.
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SECTION NO. 17: DISPUTE RESOLUTION
Any dispute between the PARTIES which cannot be resolved between the PARTIES shall he subject to
arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing. If
the COUNTY CEO or PROSECUTING ATTORNEY respectively and the CITY Manager cannot resolve
the dispute it will be submitted to arbitration. The provisions of chapter 7.04 RCW shall be applicable to
any arbitration proceeding.
The COUNTY with regard to financial matters or PROSECUTING ATTORNEY for Service matters and
the 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 shall be subject to judicial review as provided for in chapter 7.04 RCW. Provided,the
PARTIES agree that the PROSECUTING ATTORNEY cannot submit to arbitration any item which
concerns his charging decisions through complete disposition of the case, including appeals to Superior
Court, Washington State Court of Appeals,or Washington State Supreme Court.
The costs of the arbitration panel shall be equally split between the PARTIES.
SECTION NO. 18: 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. 19: SE VERABILI.TY
The PARTIES agree 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.20: RECORDS
All public records prepared, owned, used or retained by the COUNTY/PROSECUTING ATTORNEY in
conjunction with providing Services under the terms of this Agreement shall be deemed CiTY property and
shall be made available to the CITY upon request by the CITY Manager subject to the attorney client and
attorney work product privileges set forth in statute, court rule or case law. The
COUNTY/PROSECUTING ATTORNEY will notify the CITY of any public disclosure request under
chapter 42.17 RCW for copies or viewing of such records as well as the COUNTY'S/PROSECUTING
ATTORNEY'S response thereto.
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SECTION NO.21: 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.
SECTION NO. 22: TIME OF ESSENCE OF AGREEMENT
Time is of the essence of this Agreement and in case either Party fails to perform the obligations on its
part to be performed at the time fixed for the performance of the respective obligation by the terms of this
Agreement, the other Party may, at its election, hold the other Party liable for all costs and damages
caused by such delay.
SECTION NO. 23: UNCONTROLLABLE C1RCUMSTANCESIIMPOS.SBILITY
A delay or interruption in or failure of performance of all or any part of this Agreement resulting from
Uncontrollable Circumstances shall be deemed not a default under this Agreement.
A delay or interruption in or failure of performance of all or any part of this Agreement resulting from
any change in or new law, order, rule or regulation of any nature which renders providing of Services in
accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the
control of the COUNTY/PROSECUTING ATTORNEY which render legally impossible the
performance by the COUNTY/PROSECUTING ATTORNEY of its obligations under this Agreement,
shall be deemed not a default under this Agreement.
SECTION NO.24: FILING
This Agreement shall be filed by the COUNTY with such offices or agencies as required by chapter
39.34 RCW.
SECTION NO. 25: EXECUTION AND APPROVAL
The PARTIES warrant that the officers executing below have been duly authorized to act for and on
behalf of the Party for purposes of confirming this Agreement.
SECTION NO. 26: INITIATIVES
The PARTIES recognize that revenue reducing initiative(s) passed by the voters of Washington may
substantially reduce local operating revenue for the CITY, COUNTY or both PARTIES. The PARTIES
agree that it is necessary to have flexibility to reduce the contracted amount(s) in this Agreement in response
to budget constraints resulting from the passage of revenue reducing initiative(s). If such an event occurs,
the PARTIES agree to negotiate in good faith to achieve a mutually agreeable resolution in a timely fashion.
SECTION NO.27. COMPLIANCE WITH LAWS
The Parties shall observe all federal, state and local laws,ordinances and regulations, to the extent that they
may be applicable to the terms of this Agreement.
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SECTION NO. 28: DISCLAIMER
• Except as otherwise provided, this Agreement shall not be construed in any manner that would limit
either Party's authority or powers under law.
SECTION NO. 29: ASSURANCE
The CITY shall pay the COUNTY the true and full cost of all Services provided under this Agreement.
The intent of the Parties is that neither Party will subsidize the other and that the CITY w•iII not subsidize
any other jurisdiction that is receiving similar services.
LN WI"I'Ni SS WHEREOF, the PARTIES have caused this Agreement to be executed on
date and year opposite their respective signatures.
DATED C -\ ,Qcszio BOARD OF COUNTY COMMISSIONERS
,,,,, OF SPOKANE COUNTY, WASHINGTON
of co_m.4 , r
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m
, ° TODD MIELKE, Chair
ATTEST: .
Clerk of the Board % "' %
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MARK RICHARD, Vice-Chair
k
Daniela Erickson -? . . HARRIS, Commissioner
DATED: 3/24, SPOKANE COUNTY PROSECUTING ATTORNEY
By: 10�I 11111111.
Its: i2o GccTzr K_.
(Title)
DATED: lito6 CITY OF SPOKANE VALLEY
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A
David Mercicr, City Manager
Christine Bainbridge,City Clerk I
APPROVED AS TO FORM ONLY:
rh .r/Y/.4))
Ofice of t City Attorney
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EXNTBIT 1
For the purpose of this Agreement, PROSECUTING ATTORNEY Services shall include prosecution of
violations of state statutes that arc 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.
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 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.
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 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
Interlocal Agreement, Prosecutor Page l l of 20
EXHIBIT 2A
Misdemeanor Services
Component A Component B Component C
Prosecutor Budget
Allocable Percentage
to Misdemeanor
Services * Spokane Valley ** Contract Amount
Salary • 870,965 27.60%1 240,429.71
M&O 65,653 27.60% 18,123.45
Capital
Indirect Cost *** 61,142,• 27.60% 16,878.17
997,760:'~; 275,431.33
Component A represents the amount of Prosecutor budget attributed to Misdemeanor Services.
See Misdemeanor Attachment A for methodology allocating Prosecutor budget to Misdemeanor.
The percentage of Misdemeanor Services attributable to the City of Spokane Valley is 27.18%.
See Misdemeanor Attachment 13 for misdemeanor statistics.
The Indirect(Overhead)rate of 7.02% is applied to salaries only. The indirect rate is based
on Spokane County's OMt3 A-87 Cost Plan Escalated 2003 for 2005, adjusted to only include
depreciation of capital improvements acquired after the City's official date of incorporation,
prepared by PRM Group, an independent plan preparer.
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Et.liTJ3IT 2A
Misdemeanor Services
County Supported Attorneys: Criminal 39 .
Civil 5
Grant/Other Supported Attorneys: Criminal 12.8
Civil Commitment 1
Civil Family Law 11
Grand Total all
attorneys 68.8
Misdemeanor Sal & Ben FTE Adj Salary
Davis 56,822 1.00 56,822
Rasmussen • 66,587 1.00 66,587
Rio 58,533 1.00 58,533
Hughes 58,533 1.00 58,533
Cordts 58,533 1.00 58,533
Utgaard 62,823 1.00 62,823
Grigaliunas 60,604 0.60 36,362
Obrien-Supery 95,137 0.94 89,701
517,572 7.54 487,894 487,894
Support
Wilbur 31,293 1.00 31,293
Latus 43,662 I.00 43,662
Lefkowski 37,754 1.00 37,754
Meyers 39,742 1.00 39,742
Misterek 34,750 1.00 34,750
Nicholson 28,577 1.00 28,577
Burgner 38,746 0.80 30,997
Ornee 36,682 1.00 36,682
Ramey 38,694 1.00 38,694
Hansen R 44,187 0.41 18,039
374,087 9.21 340,190 340,190
Chief Criminal Deputy- allocation ratio Misd FTE/Total Criminal FTE
Driscoll 109,913 1.00 109,913 0.146 16,005
County Prosecutor- allocation "flat" 55,000 plus benefits
Tucker-Salary 105,972 5,000 5,000
Tucker-Benefits 14,828 5,000 0.140 700
120,800
Admin Staff- allocation ratio Misd FTE/ Total Attorney FTE
Bowman 59,747 1.00 59,747
Kurbitz 62,898 1.00 62,898
Lundquist 46,290 0.80 37,032
Renner • 33,483 1.00 33,483
202,418 3.80 193,160 0.110
[nterlocal Agreement,Prosecutor Page 13 of 20
•
21,177
Subtotal
Salary 870,965
Indirect rate 7.02%on total salary and benefit 0.07061,142
*M & 0-allocation ratio Misd FTE/County Criminal+Civil FTE
382,975 0.171 65,653
Misdemeanor Budget 997,760
•
•
Interlocal Agreement,Prosecutor Page 14 of 20
EMITBIT 2A
Misdemeanor Services
2003 2004
12
July Aug Sept Oct Nov Dec) Jan Feb March Apr May June Months
Spokane Valley
Cases 287 239 222 258 197 248 275 226 338 292 270 192 3,044
(exc.valley WSP
cases)
All County cases 903 878 1038 938 755 1 155 841 882 1096 941 895 705 11,027
(including WSP
cases) **
Valley%of all 27.2
cases 31.78 2 21.39 27.51 26.09 21.47 32.70 25.62 30.84 31.03 30.17 27.23 27.60%
Total cases including WSP must be used as base total number()fuses in
** determining percentage served,
Interlocal Agreement, Prosecutor Page 15 01'20
EXHIBIT 2B
Infraction Services
Infraction Contract *
Salary 24.042.83
,M K. O 687.99
Capital -
Indirect Costs ** 1.687.81
26,4 1 8.63
Notes
*The Prosecutor's Office changed the methodology used to calculate the contract
for infraction Services. See Infraction Attachment C.
**The Indirect rate of 7.02% is applied to salaries only. The indirect
rate is based on Spokane County's OMB A-87 Cost Plan Escalated 2003
for 2005,adjusted to only include depreciation of capital improvements
acquired after the City's official date of incorporation, prepared
by PRM Group, an independent plan preparer.
Interlocal Agreement, Prosecutor Page 16 of 20
EXHIBIT 2B
Infraction Services
S okane Valley Infraction Deputy
Deputy Average Annual Salary& Benefit (Cordts &
Grigaliunas) 59,568.50
Divide by Hours Worked per Year 1,950
Equal Deputy Cost per Hour 30.55
Deputy Time Spent at Spokane Valley:
Days per week 1.5
Multiply by hours per day 7.5
Equals hours per week I 1.25
Multiply by weeks per year 52
Equals hours per year 585
Deputy Total Cost to Spokane Valley 17,870.55
Spokane County Infraction Department
Infraction Hours per Week
Walk-in Infractions (3:30 to 5:00) 7.5
Discovery S
Motions/Appeals 3
Infraction Hours per Week 15.5
Multiply by Spokane Valley Percentage of
Infractions 19.76% 1
Equals Spokane Valley Hours per Week 3.06
Multiply by Weeks per Year 52
Multiply by Deputy Cost per 1-lour 30.55
Spokane County Infraction Cost to Spokane
Valley 4,865.44
Supervisor
Supervisor(O'Brien)Annual Salary and Benefit 95,137.00
Supervises .4 Infraction Deputy out 017
Misdemeanor Deputies 0.06
Equal Cost of Infraction Supervision 5,436.40
Multiply by Spokane Valley Percentage of
Infractions 19.76% I
Supervisor Cost to Spokane Valley 1,074.28
Administration
Administration Annual Salary and Benefit 202,418
Administers .4 Infraction Deputy out of 68.8 Total
Deputies 0.01
Equal Cost of Infraction Administration
Intcrlocal Agreement, Prosecutor Page 17 o120
•
1,176.85
Multiply by Spokane Valley Percentage of
Infractions 19.76% 1
Administration Cost to Spokane Valley 232.56
Subtotal Salary and
Benefits 24,042.83
Indirect rate 7.02% (applied to salary and
benefits only)
1,687.81
IVlaintenance and Operations
Total M &0 Budget 382,975.00
M&O .4 Infraction Deputy out of 44 Civil and
Criminal Deputies 0.01
Equal Cost of Infraction M&O 3,481.59
Multiply by Spokane Valley Percentage of
infractions 19.76% 1
Maintenance Cost to Spokane Valley 687.99
TOTAL COST OF
INFRACTION
CONTRACT 26,418.63
•
District Court statistics last six months of 2003 first six months of 2004, sec Infraction Attachment D.
Spokane County employees work 7.5 hrs/dy, 5 dys/wk, 52 wks/yr- 1,950 hrs/yr-Administrative costs
including M&O provided Spokane Valley
Interlocal Agreement, Prosecutor Page 18 of 20
•
EXHIBIT 213
Infraction Services
District Court Case Statistics*
Offense Category Spokane Valley Spokane County Spokane Valley %
Infractions 1 1,799 59,709 0.1976
DV -Misdemeanor 400 927 0.4315
DUI 178 2,793 0.0637
Criminal Traffic(less DUI) 1,661 5,443 0.3052
Criminal NT(less misd 769 2,776 0.2770
DV)
Subtotal 14,807 71,648
* Statistics from last six months of 2003 and first six months of 2004
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•
Interlocal Agreement,Prosecutor Page 19 of 20
EXHIBIT 2C
Zoning Services
Direct
Labor M&O Cost
2005 Adopted Cost per Indirect Per Per
Position Costs Budget Hour Per Hour Hour Hour
Senior Attorney-Kinn I 94,141.00 48.28 3.39 4.46 56.13
Paralegal-Hanson 1 41,092.00 21.07 1.48 - 22.55
2 135,233.00 69.35 4.87 4.46 78.68
Indirect Indirect/Ho
Indirect Costs Direct/Hour Rate ur
Senior Attorney 48.28 0.0702 3.389076
Paralegal 21.07 0.0702 1.479312
Note: Rate based on indirect:costs per A-87 Plan of 7.02%
Maintenance& Operation Costs -
2005 Adopted M & 0 382,975.00
Divided by Brim &civil attys
supported 44.00
Equals MIO per atty 8,703.98
Divided by hours worked per
year 1950
Equals MWO hourly rate 4.46
Annual Hours
Annual Flours Worked 1950
Note: Spokane County employees work 7.5 hours per day, 37.5 hours per week, and 1,950 hours
annually.
Spokane Valley does not use an entire deputy or paralegal with respect to the Civil Department, therefore
an hourly rate is consistent with the County recovering actual costs for Civil Infractions.
Interlocal Agreement, Prosecutor Page 20 of 20