08-083 Public Defender Services Relicensing Program •
8 0487
INTERLOCAL AGREEMENT •
PUBLIC DEFENDER SERVICES — RELICENSING PROGRAM
THIS AGREEMENT entered into among Spokane County, a political subdivision
of the State of Washington, having offices for the transaction of business at 1116 West
Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COUNTY,"
the Spokane County Public Defender, having offices for the transaction of business at
1033 W. Gardner, Gardner Court building, Spokane, Washington 99260-0280,
hereinafter referred to as 'COUNTY PUBLIC DEFENDER", the City of Spokane, a
municipal corporation of the State of Washington, having offices for the transaction of
business at 808 West Spokane Falls Boulevard, Spokane, Washington 99201,
hereinafter referred to as "CITY OF SPOKANE", and the City of Spokane Valley, a
code city of the State of Washington, having offices for the transaction of business at
11707 East Sprague Avenue, Spokane Valley, Washington 99206, hereinafter referred
to as "CITY OF SPOKANE VALLEY"; and jointly hereinafter referred to as the
"PARTIES."
WITNESSETH:
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Spokane County
Board of County Commissioners has the care of County property and the management of
County funds and business; and
WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties
and cities to contract with each other to perform certain functions which each may legally
perform; and
WHEREAS, the City of Spokane and the City of Spokane Valley made
application to the State Office of Public Defense (OPD) for funds to be used for public
defense and specifically for the joint City / County Community Relicensing Program, and
that application was approved and funds in the amount of $75,000 were awarded to be
shared equally by the City of Spokane Valley and the City of Spokane; and
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C08-83
WHEREAS, the City of Spokane Valley contracts with the County and County
Public Defender for public defense services for Spokane Valley misdemeanor and gross
misdemeanor cases which include the charge of driving while license suspended; and
WHEREAS, the City of Spokane and the County have jointly provided financial
and / or personnel resources to reestablish the joint City/County Community Relicensing
Program.
NOW, THEREFORE, for and in consideration of the mutual promises set forth
hereinafter, the PARTIES do mutually agree as follows:
SECTION NO. 1: PURPOSE
The purpose of this Agreement is to set forth the PARTIES' understanding of the terms
and conditions under which the PARTIES will utilize the grant funds received from the
State Office of Public Defense for public defense and specifically for the joint City /
County Community Relicensing Program.
SECTION NO. 2: DURATION
This Agreement shall be effective on April 14, 2008 and run through December 31,
2008. Any Party may terminate this Agreement for breach of any provision by any other
party. Provided, however, prior to such termination, the terminating party must give at
least thirty (30) days written notice to the breaching party and all other parties of the
basis for the termination. If the breaching party cures the breach to the satisfaction of
the terminating party those matters set forth in the termination notice, said notice shall
be null and void. Provided, further, this Agreement shall automatically terminate in the
event the Grant which is the basis of the funding is terminated, unless the parties agree
in writing otherwise.
SECTION NO. 3: SERVICES
A. COUNTY PUBLIC DEFENDER: The County Public Defender's Office currently
provides defender services on driving while license suspended cases for the
CITY OF SPOKANE VALLEY through a separate interlocal agreement. The
Spokane County Public Defender's Office will use the monies under this
agreement to hire additional office assistant 2 help, who will assist in determining
eligibility for the relicensing program for CITY OF SPOKANE VALLEY cases and
for persons who live in Spokane Valley, or have cases pending based on a
citation from the City of Spokane Valley Police Department, and for other duties
as assigned relating to those cases.
B. CITY OF SPOKANE: The City of Spokane Public Defender's Office will use the
monies to hire a temp. seasonal or project employee clerk who will assist in
determining eligibility for the relicensing program on cases to which the City of
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Spokane Public Defender's Office has been assigned by the Municipal Court or
Probation Department, and other duties as assigned relating to driving while
license suspended cases.
C. SPOKANE COUNTY: Spokane County will take appropriate action to
appropriate into the Spokane County Public Defender's budget all moneys
received from the CITY OF SPOKANE VALLEY under the terms of this
Agreement.
SECTION NO. 4: COMPENSATION
The COUNTY on behalf of the SPOKANE COUNTY PUBLIC DEFENDER and the CITY
OF SPOKANE shall each receive a maximum of THIRTY SEVEN THOUSAND FIVE
HUNDRED AND NO/100 DOLLARS ($37,500.00) for their services provided under the
grant. The CITY OF SPOKANE VALLEY's financial contribution each year is limited to
its portion of the OPD grant funds.
SECTION NO. 5: PAYMENT
The CITY OF SPOKANE VALLEY shall, no later than 20 days after full execution of this
Agreement, remit to the CITY OF SPOKANE its $37,500.00 share of the grant
proceeds. The CITY OF SPOKANE VALLEY shall, no later than 20 days after full
execution of this Agreement, remit $37,500.00 to SPOKANE COUNTY for full payment
of the services identified in Section 3A.
SECTION NO. 6: AUDIT/ RECORDS
Each Party shall maintain for a minimum of three (3) years following final payment all
records related to its performance of the Agreement. Each Party shall provide access
to authorized representatives of the other PARTIES, at reasonable times and in a
reasonable manner to inspect and copy any such record. In the event of conflict
between this provision and related auditing provisions required under federal law
applicable to the Agreement, the federal law shall prevail.
SECTION NO. 7: NOTICES
All notices or other communications given hereunder shall be deemed given on: (i) 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 certified mail
delivery, receipt requested and postage prepaid addressed to PARTIES at the address set
forth below, or at such other address as the PARTIES shall from time-to-time designate by
notice in writing to the other PARTIES:
CITY OF SPOKANE: City Public Defender
City of Spokane
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824 North Monroe Street
Spokane, Washington 99201
SPOKANE COUNTY PUBLIC : County Public Defender
Spokane County
1033 West Gardner Avenue
Spokane, Washington 99260
CITY OF SPOKANE VALLEY: Office of the City Attorney
11707 East Sprague, Suite 103
Spokane Valley, WA 99206
COUNTY: Board of County Commissioners
W. 1116 Broadway Avenue
Spokane, Washington 99260
SECTION NO. 8: ASSIGNMENT
This Agreement shall be binding upon the Parties, their successors and assigns. No Party
may assign, in whole or in part, its interest in this Agreement without the approval of the
other Parties.
SECTION NO. 9: LIABILITY
For the purpose of this section, COUNTY shall also include Spokane County Public
Defender.
The COUNTY shall indemnify, defend and hold harmless the CITY OF SPOKANE and
the CITY OF SPOKANE VALLEY, their officers and employees from all claims,
demands, or suits in law or equity arising from the COUNTY's intentional or negligent
acts or breach of its obligations under the Agreement. The COUNTY's duty to
indemnify shall not apply to loss or liability caused by the intentional or negligent acts of
the CITY OF SPOKANE or the CITY OF SPOKANE VALLEY, their officers and
employees.
The CITY OF SPOKANE shall indemnify, defend and hold harmless the COUNTY and
the CITY OF SPOKANE VALLEY, their officers and employees from all claims,
demands, or suits in law or equity arising from the CITY OF SPOKANE's intentional or
negligent acts or breach of its obligations under the Agreement. The CITY OF
SPOKANE's duty .to indemnify shall not apply to loss or liability caused by the
intentional or negligent acts of the COUNTY or the CITY OF SPOKANE VALLEY, their
officers and employees.
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The CITY OF SPOKANE VALLEY shall indemnify, defend and hold harmless the
COUNTY and the CITY OF SPOKANE, their officers and employees from all claims,
demands, or suits in law or equity arising from the CITY OF SPOKANE VALLEY's
intentional or negligent acts or breach of its obligations under the Agreement. The CITY
OF SPOKANE VALLEY's duty to indemnify shall not apply to loss or liability caused by
the intentional or negligent acts of the COUNTY or the CITY OF SPOKANE, their
officers and employees.
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.
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.
Each Party's duty to indemnify shall survive the termination or expiration of the
Agreement.
Each Party waives, with respect to the other Parties only, its immunity under RCW Title
51, Industrial Insurance. The Parties have specifically negotiated this provision.
SECTION NO. 10: INSURANCE
During the term of the Agreement, the each Party shall maintain in force at its own
expense, each insurance noted below:
a. Worker's Compensation Insurance in compliance with RCW 51.12.020,
which requires subject employers to provide workers' compensation
coverage for all their subject workers and Employer's Liability or Stop Gap
Insurance in the amount of$1,000,000;
b. General Liability Insurance on an occurrence basis, with a combined single
limit of not less than $1,000,000 each occurrence for bodily injury and
property damage. It shall include contractual liability coverage for the
indemnity provided under this Agreement;
c. Automobile Liability Insurance with a combined single limit, or the equivalent
of not less than $1,000,000 each accident for bodily injury and property
damage, including coverage for owned, hired and non-owned vehicles.
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d. Professional Liability Insurance with a combined single limit of not less than
$1,000,000 each claim, incident or occurrence. This is to cover damages
caused by the error, omission, or negligent acts related to the professional
services to be provided under this Agreement. The coverage must remain in
effect for two years after the Agreement is completed.
There shall be no cancellation, material change, reduction of limits or intent not to renew
the insurance coverage(s) without thirty (30) days written notice from the insuring Party or
its insurer(s) to the other Parties.
As evidence of the insurance coverages required by this Agreement, the COUNTY and
the CITY OF SPOKANE shall furnish acceptable insurance certificates to the CITY OF
SPOKANE VALLEY at the time it returns the signed Agreement. The certificate shall
specify all of the parties who are additional insured; and include applicable policy
endorsements, the thirty (30)-day cancellation clause, and the deduction or retention level.
Insuring companies or entities are subject to CITY OF SPOKANE acceptance. The
COUNTY and the CITY OF SPOKANE shall be financially responsible for all pertinent
deductibles, self-insured retentions, and/or self-insurance.
SECTION NO. 11: ANTI-KICKBACK
No officer or employee of the a Party, having the power or duty to perform an official act or
action related to this Agreement shall have or acquire any interest in the Agreement, or
have solicited, accepted or granted a present or future gift, favor, service or other thing of
value from or to any person involved in the Agreement.
SECTION NO. 12: 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. 13: 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.
SECTION NO. 14: NON-DISCRIMINATION
No individual shall be excluded from participation in, denied the benefit of, subjected to
discrimination under, or denied employment in the administration of or in connection
with this Agreement because of age, sex, race, color, religion, creed, marital status,
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familial status, sexual orientation, national origin, honorably discharged veteran or
military status, the presence of any sensory, mental or physical disability, or use of a
service animal by a person with disabilities.
SECTION NO. 15: MISCELLANEOUS
A. NON-WAIVER: No waiver by any party of any of the terms of this Agreement
shall be construed as a waiver of the same or other rights of that party in the
future.
B. ENTIRE AGREEMENT: 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.
C. MODIFICATION: No modification or amendment to this Agreement shall be valid
until put in writing and signed with the same formalities as this Agreement.
D. 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.
E. 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.
F. SEVERABILITY: 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,
G. 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 the COUNTY shall be deemed to be an employee,
agent, servant or representative of either CITY for any purpose_ Likewise, no
agent, employee, servant or representative of either CITY shall be deemed to be an
employee, agent, servant or representative of the COUNTY for any purpose.
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SECTION NO. 16: RCW 39.34 REQUIRED CLAUSES
A. PURPOSE: See Section No. 1, above.
B. DURATION: See Section No. 2, above.
C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS: No new or
separate legal or administrative entity is created to administer the provisions of this
Agreement.
D. RESPONSIBILITIES OF THE PARTIES: See provisions above.
E. AGREEMENT TO BE FILED: The CITY OF SPOKANE and the CITY OF
SPOKANE VALLEY shall file this Agreement with their City Clerks. The COUNTY
shall file this Agreement with its County Auditor or place it on its web site or other
electronically retrievable public source.
F. FINANCING: Each party shall be responsible for the financing of its contractual
obligations under its normal budgetary process.
G. TERMINATION: See Section No. 2, above.
H. PROPERTY UPON TERMINATION: Title to all property acquired by any party in
the performance of this Agreement shall remain with the acquiring party upon
termination of the Agreement. Jointly acquired property shall be divided in
proportion to the percentage share of each party contributing to its acquisition.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
on the date and year opposite their respective signature blocks.
DATED: rYirul 90, BOARD OF COUNTY COMMISSIONERS
- _ . -= OF SPOKANE COUNTY, WASHINGTON
1
O O.OW E eaG,1;. Lee r _ �Q
co :y4 te• y 1,*i A• o ■ Bonnie Mager, Chair
ATTEST: ' '
' vrl-t'i.
ToT ielke, Vi e
aniela Erickson
Clerk of the Board
Mark Richard, Commissioner
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APPROVED: APPROVED AS -O FORM:
467111‘
John Ro'g-rrs / / Deputy i " asecu orney
Count Pu i tic b efender
DATED: `1I;3O"r OO t CITY OF SPOKANE
By: ---�
Attest: Title: Thomas E.Danek,
City Aamrnistrator
City of Spokane
Deputy kk ti. Approved as to form:
City r
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Approved: Office of the City Attorney,-- .
i4L-,. 4Y-4-76 -404.40t_--ue`
Kathy Knox, City Public Defender ,111* C /�
IVASHIG
DATED: 3-17 B(] CITY OF SPOKANE VALLEY
By: ' i
Title: !'.'" 211 .....,..7_.e..,
Attest: Approved as to form:
, -- M........i......• . if ?. c...-4/4,1/‘
City Clerk , Office of e City orney
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I-W _,c l v ..LJ
JUL 1 F 18 Agsht04.25.2008 .
o AGENDA SHEET FOM COUNCIL MEETING OF: CITY CLERK'S OFFICE SPOKANE
s 4- SPOKANE, WA ' ►--�'
0�'v� Submitting Dent. Contact Person/Phone No. Council Sponsor '
Public Defender Kathy Knox/835-5972 Joe Shogan, Council President ��I�
., l , , , , ) 1
ADMINISTRATIVE SESSION LEGISLATIVE SESSION CITY PRIORITY � v� 2��
x Contract o Emergency Ord o Communications CLERK'S FILE
o Report , o Resolution o Economic Development RENEWS
o Claims o Final Reading Ord o Growth Management CROSS REF (Q R&OO$-O 1J) —
o First Reading Ord o Humari Services ENG
STANDING COMMITTEES o Special Consideration o Neighborhoods BID
(Date of Notification) o Hearing o Public Safety REQUISITION
o Finance x Public Safety_7-21-08_ X Quality Service Delivery Neighborhood/Commission/Committee Notified:
0 Racial Equity/Cultural
o Neighborhoods o Public Works Diversity
o Planning/Community&Econ Dev 0 Rebuild/Maintain
Infrastructure Action Taken:
AGENDA Interlace' Agreement with the City of Spokane Valley and Spokane County to accept grant funds
WORDING: from the State Office of Public Defense, for Public Defender Services to assist indigent defendants
(If contract,include for the Relicensing Program.
the term.) .
BACKGROUND: The State Office of Public Defense approved a joint grant application by the City of Spokane Public
(Attach additional Defender's Office and the City of Spokane Valley, to provide defender assistance for indigent
sheet if necessary) persons charged with DWLS 3rd for indirect assistance to the City's Relicensing Program. The City
of Spokane Valley contracts with the County Public Defender for defender services. The total grant
amount of $75,000 will be split evenly between the City of Spokane Valley for the Spokane County
Public Defender's Office and the City of Spokane, or 537,500 each.
RECOMMENDATION: Approve Fiscal Impact: o N/A Budget Account: o N/A
o Expenditure: $ #
o Revenue: $ 37,500 #0700-11220-99999-34239
o Budget Neutral
ATTACHMENTS: Include in Packets:
On file for Review in Office of City Clerk:
SIGNATURES: 411411441/
Department Head / Jre c •r Finance ilia.
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/A. %.i• ,.�. /
Legal For the ayo' C it Preside / i
DISTRIBUTION: Spokane County Public ity of Spokane Public .
Defender Defender •
Spokane County City of Spokane Valley
Public Defender— K. Knox Accounting—M. Lesense
COUNCIL ACTION: BY
APPRflVY K fl O�yNC9L: -
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WASHINGTON STATE (360)586-3164
Internet Email:opdfaopd.wa.gov OFFICE OF PUBLIC DEFENSE FAX(360)586-8165
April 16,2008
• Kathy Knox
•
Director
Spokane City'Public Defender
824 Monroe Street
- Spokane,WA 99201-2110
Cary Driskell
Deputy City Attorney
City of Spokane Valley
11707 E Sprague Avenue,Suite 106
Spokane Valley,WA 99206
• Dear Mr.Driskell.and Ms.Knox: •
. j
This letter is to confirm that Office of Public Defense has awarded RCW 10.101 city
grant funds to the City of Spokane and the City of Spokane Valley for use for a joint .
Community Rdticensing Program. The grant funds may be used to pay for staff in the
• Spokane Public Defender's Office and the Spokane County Public Defender's Office to
handle additional workload resulting from the proposed program.
It is my understanding that the jurisdictions plan to split the grant amount between the
offices. Under RCW 10.101,the grant checks may be provided to the two public defense
offices at the beginning of the program so they may add the monies to their budgets and -
use them as needed for the staff.
In other words,under RCW 10.101,the two public defense offices are not required to bill
the jurisdictions quarterly,but may follow their ordinary city and county budget
disbursement procedures. Please note that under RCW 10.101,OPD will undergo a
determination of whether the jurisdictions substantially complied with the statute's
• provisions next fall.
Sincerely,
•
d(3 grA-frt?
• Joanne I. Moore •
Director
•
711 Capitol Way South • Suite 106 • P.O.Box 40957. Olympia,Washington 98504-0957 L�j►