06-018 Public Defender Services •
Return to: Daniela Erickson, Clerk of the Board
Board of County Commissioners
1116 W. Broadway
Spokane, Washington 99260
INTERLOCAL AGREEMENT FOR PUBLIC DEFENDER SERVICES
IN THE CiTY OF SPOKANE VALLEY
(January 1,2005—December 31,2005) 6 0195
TH]S AGREEMENT, made and entered into by and among the Spokane County Public
Defender, having offices for the transaction of business as 1 033 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; 1 1707 East Sprague Avenue, Suite 106,
Spokane Valley, Washington 99206, hereinafter referred to as"CITY,"jointly hereinafter referred to as the
"PARTIES." The PUi3LIC DEFENDER, 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 (I) 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 RC\V 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 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 occurring within the City of Spokane Valley, (2)
representing juveniles for traffic offenses pursuant to RCW
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C06-18
13.04.030(1)(e)(iii) occurring within the City of Spokane Valley; and (3) representing indigents where the
initial charge is a CITY misdemeanor or gross misdemeanor occurring within the City of Spokane Valley
and referred to the Spokane County Public Defender.
SECTION NO.2: DEFINITIONS
(a) A reement: "Agreement" means this Interlocal Agreement between the CITY and
COUNTY regarding public defender legal services.
(b) 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.
(f) Compensation: "Compensation" means that methodology set forth in Exhibit 2 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 terns 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.
(1) Report: "Report" means the Public Defender's record management system commonly
referred to as PDman.
(i) Public Defender: "Public Defender"means that person appointed as public defender under
chapter 36.26 RCW and his/here assistant(s).
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 PUBLIC DEFENDER will provide Services on behalf of the CITY. It is the
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intent of the PARTIES that Services to be provided by the PUBLIC DEFENDER will be consistent with the
CITY'S Council/Manager form of government provided for in chapter 35A.13 RCW.
SECTION NO. 4: DURATION/WITHDRAWAL
This Agreement shall commence on January I,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 l" to December 315` All renewals shall be subject to all terms and conditions
set forth herein except for Exhibit 2.
The PARTIES recognize it highly unlikely that Exhibit 2 setting forth the estimated costs for each year's
Services will be available at the start of any renewal time frame. Accordingly, until a new Exhibit 2 has
been prepared and agreed to between the PARTIES, 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 PARTIES agreement on a new Exhibit 2,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. CITY's option, PUBLIC DEFENDER 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 Exhibit 2, attached hereto
and incorporated herein by reference.
This methodology 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 Services. 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 2, the PARTIES shall apply the
actual expenditures and the actual usage percentage to determine the final cost. 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 expenditures)
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 days time frame, or such
other time frame as the PARTIES may mutually agree, 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 owning 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 under payment 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 i7 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 will be calculated by dividing those annual costs set forth herein above by twelve (12).
Payments by the CiTY will be due by the 5th clay 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 clue been
invested since the date due to the date of payment in the COUNTY's investment pool.
SECTION NO. 6: RELATED RFS PONS iBILITIES IN CONJUNCTION WITH PROVE, (::
SERVICES
The COUNTY and PUBLIC DEFENDER or their designee agree to attend staff meetings as requested by
the CITY Manager.
The COUNTY and PUBLIC DEFENDER or their designees agree to meet upon request by the CITY
Manager or his/her designee to discuss any Service provided under the terms of this Agreement.
The CITY agrees the PUBLIC DEFENDER may use the COUNTY'S stationery in conjunction with
providing Services under the terns 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 West 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
PUBLIC DEFENDER: Spokane County Public Defender
1033 W. Gardner, •
Spokane, Washington 99260-0280
SECTION NO.8: REPORTING
Reports—The PUBLIC DEFENDER 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 PUBLIC DEFENDER 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/PUBLIC
DEFENDER staff.
Records Review—The CITY shall be allowed to conduct random reviews of the records generated by the
COUNfY/PU13L1C DEFENDER in performance of this Agreement. The CITY will provide the
COUNTY/PUBLIC DEFENDER 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/PUBLIC DEFENDER 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: ASSIGNr1'iENT
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
PUBLIC DEFENDER.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.
PUBLIC DEFENDER 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 PUBLIC
DEFENDER/COUNTY policies.
SECTION NO. 12: LIABILITY
For the purpose of this Section, the terminology "COUNTY" shall also include the "PUBLIC
DEFENDER."
(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.
(0 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.
(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 ME PARTIES
The PARTIES intend that an independent contractor relationship will be created by this Agreement. The
COUNTY/PUBLIC DEFENDER shall be an independent contractor and not the agent or employee of the
CiTY, that the CITY is interested only in the results to be 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 COUNTY/PUBLIC DEFENDER. Any and all employees who provide Services to the CITY under this
Agreement shall be deemed employees solely of the COUNTY/PUBLIC DEFENDER. 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 be 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 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. 17: DISPUTE RESOLUTION
Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to
arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing. If
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the COUNTY CEO 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 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.
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: SEVERABILITY
The PARTIES agree that if any puts, 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 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 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 response thereto.
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.
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SECTION NO. 23: UNCONTROLLABLE CIRCUMSTANC_ES/IMPOSSIBILITY
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 which render legally impossible the performance by the COUNTY 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 initiatives) passed by the voters of Washington may
substantially reduce local operating revenue for the CoTY, 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 WiTil 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.
SECTION NO. 23:• 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 will not subsidize
any other jurisdiction that is receiving similar services.
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TIN WITNESS WEERE.OF, the PARTI ES have.caused ƒ5 Agreement to be executed o .
date and ar opposite their respective signatures.
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DATED: I 00c.0 BOARD OF COUNTY COMNESSIONTE.RS
OF SP OKANE.COUNTS WASHINGTON
%, - .
+ SCCi O■ , �ELKE, Chair
ATTEST: / ' \
- ABSENT
Clerk °lAeB rd _ . -
\ . � : N k&E RICHARD, -C h r
2&f'ák& ~
/� '
D it Erickson . �3, Commisijef
DATED: $-2t—U G SPOKA wCOU iPUBUC DEFENDER
By: / / .. J
its:/ • ci A.4 - . » _ - A . . ' 9
/ be
DATED: 3/1442 CII'Y OF SPOKANE VALLEY
Ai : .,,srLal/de-, .
_ - David Mercier, City Manager
Ct.
Bainbridge,/
f Cq •
APPROVED AS TO FORM ONLY: •
)?_ •4-14-til
Omc�the City Attorney
Intern Interkical Agreement, Public. Defender Paze 10 of [
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EXHIBIT 1
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 (I) (e) (iii) or County policy, 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 violations
of CITY'S Traffic.Code,as well as any appeals to Superior Court.
CITY agrees for CITY staff, at no cost to PUBLIC DEFENDER, to make best efforts to attend any District
Court judicial proceedings where their presence is requested by the PUBLIC DEFENDER.
All services to be provided by PUBLIC DEFENDER in courts under the terms of this Ageement 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.
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EXHIBIT 2
Component A Component B Component C
2005 Public Defender Percentage
Adopted Budget Spokane Valley Contract
*** Amount
Salary- Misdemeanor 866,989.00 33.25% 288,275.39
*
M &0 - Misdemeanor 20,790.00 33.25% 6,912.71
*
Salary- Investigator 282,554.00 1.00% 2,825.54
**
Capital - -
Indirect **** - 22,502.10
1,170,333.001) —� 320,515.74
Notes
*These amounts represent the Public Defender
misdemeanor Adopted 2005 budget(3050052).
**Investigator Salaries are a component of the Public
Defender legal services budget(3050047).
***The percentage of Public Defender cases attributable
to the Spokane Valley is 33.25%.
The percentage of Investigator salaries attributable to
Spokane Valley is 1%.
Component A multiplied by Component 13 equates the
contract amount.
****The Indirect(Overhead)rate of 7.73% is applied
only to salaries. 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 ARM Group, an independent
plan preparer.
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