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2003, 03-13 Regular MeetingCITY OF SPOKANE VALLEY CITY COUNCIL AGENDA — REGULAR MEETING CITY HALL AT REDWOOD PLAZA 1.1707 East Sprague Avenue, First Floor Spokane Valley, Washington Thursday, March 13, 6:00 p.m. 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS 6. APPROVAL OF AGENDA 7. PUBLIC COMMENTS (For members of the public to speak to the Council regarding natter NOT on thc agenda. Please state your name, address and subject for thc record and limit remarks to three minutes. Thank you.) 8. COUNCIL REPORTS 9. CONSENT AGENDA (Consists of items considered routine which arc approved as a group. A Councilrnember may remove an item from the Agenda to he considered separately.) 10. ACTION ITEMS A) Ordinances — First Reading 1) Agenda Bill No. 2003 -041, Employee Personnel Policies and Benefits (Ordinance No. 44) (PUBLIC COMMENT ON ORDINANCE NO. 44) B) Contracts 1) Agenda Bill No. 2003 -062, Municipal Court Services (Interlocal Agreement No. CO3 -10) (PUBLIC COMMENT ON INrERLoCAL NO. CO3 -10) 2) Agenda Bill No. 2003 -063, Prosecutor Services (Interlocal Agreement No. CO3 -11) (PUBLIC COMMENT ON IN IRLOCALNO.0O3 -I I) 3) Agenda Bill No. 2003 -064, Public Defender Services (Interlocal Agreement No. CO3 -12) (PUBLIC COMMENT ON 1NTERLOCAI,,NO. CO3 -12) 4) Agenda 13111 No. 2003 -065, Jury Management Services (Interlocal Agreement No. CO3 -1 (PUBLIC COMMENT ON INrERLOCAL. NO. CO3 -13) Council Agenda: March 13, 2003 1 11. CITY MANAGER AND STAFF REPORTS 12. PUBLIC COMMENTS (Maximum of three minutes please; state your name, address and subject for the record) 13. NEW BUSINESS 14. ADJOURNMENT Adjourn to Study Session FUTURE SCHEDULE A) Mar. 18, 2003, Council Study Session, 6:00 p.m., City Hall 13) Mar. 25, 2003, Council Regular Meeting, 6:00 p.m., City Hall C) Mar. 27, 28, 29, 2003 City Manager Final Interviews D) Mar. 31, 2003, SPOKANE VALLEY INCORPORATION E) Apr. 1, 2003, Council Study Session, 6:00 p.m., City Hall F) Apr. 8, 2003, Council Regular Meeting, 6:00 p.m., City Hall G) Apr. 15, 2003, File Public Disclosure Reports H) Apr. 15, 2003, Council Regular Meeting, 6:00 p.m., City Hall Council Agenda; March 13, 2003 2 NAME PRESENT /ABSENT COMMENTS Mayor Michael DeVleming- Position No. 3 0 // Deputy Mayor Diana Wilhite- Position No. 1 Councilmembcr Dick Denenny - Position No. 7 Councilmembcr Mike Flanigan- Position No. 6 0 �/ Councilmembcr Rich Munson - Position No. 5 Councilmembcr Gary Schimmels- Position No. 4 Councilmembcr Steve Taylor-Position No. 2 CITY OF SPOKANE VALLEY / COUNCIL 'MEETING DATE 4f. / 3 . 4 Q d 3 COUNCIL ROLL CALL Ruth Muller From: Stan M Schwartz [sms @notes.wkdtlaw.com] Sent: Tuesday, March 11, 2003 2:28 PM To: rmuller @spokanevalley.org Cc: jemacio @spokanecounty.org Subject: Prosecutor, Public Defender and District Court I have reviewed the above three modified agreements received on 3.10.03 and 3.11.03. All the changes are acceptable and I recommend approval by the Council this Thursday. I note that Stan McNutt and Jim Emacio spoke about a change to the District Court Agreement that would relate to a decrease in cost of service to the City if the County decreased cost of service to other jurisdictions. I assume this change will be made by Jim and the document will be forwarded. Jim, thanks for the work. 3/11/2003 g te_A i c —r._ Page 1 of 1 1 SUBMITTED BY: Don Morrison CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -041 DATE ACTION IS TITLE: REQUESTED: February 25, 2003 - continued PERSONNEL ORDINANCE March 6, 2003 - continued March 13, 2003 ATTACHMENTS: APPROVED FOR \ COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form - Transmittal Memo - Proposed Ordinance No. 44 TYPE OF ACTION: X Ordinance Resolution Motion Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Suspend the rules, advance to second reading and adopt Ordinance No. 44. DISCUSSION: Refer to Human Resources System Binder material. Following introduction at the February 25, 2003 regular meeting, Council raised a number of questions relating to several provisions of this ordinance. The ordinance was delayed for action until councilmembers had an opportunity to thoroughly review with staff the provisions of the personnel policies and benefits included in this document. At the February 27, 2003 special meeting, this ordinance was reviewed by City staff, attorney and councilmembers and the consensus of the Council was to include Ordinance No. 44 as amended on the March 6, 2003 agenda. Action on this ordinance was continued at the March 6, 2003 meeting to allow time for the City Attorney to thoroughly review contents of the ordinance. ALTERNATIVES: Refer to Human Resources System Binder material FISCAL IMPACT: SOURCE OF FUNDS: General Fund or Street Fund depending on assignment of personnel AMOUNT BUDGETED: TBD AMOUNT NEEDED FOR PROJECT: Dependent upon staffing plan and benefit resolutions CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO. 44 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON ESTABLISHING A HUMAN RESOURCES SYSTEM FOR THE CITY AND OUTLINING THE BASIC PERSONNEL POLICIES AND EMPLOYEE BENEFITS OF CITY EMPLOYEES. WHEREAS, the City Council is desirous of establishing a human resources system for the City to provide the framework for the classification, compensation, recruitment, selection and employment of city staff, and WHEREAS, the City Council desires to set forth the policies governing the management of the human resources functions of the city administration; NOW THEREFORE, the City Council of the city of Spokane Valley, Washington, do ordain as follows: Section 1. Human Resources System Established. A. There is established a human resources system for the City of Spokane Valley to provide a uniform system of personnel administration and ensure that recruitment, selection, placement, compensation, promotion, retention and separation of City employees are based upon qualifications and fitness in compliance with this Ordinance, Federal and State laws. 13. Employment with the City shall be "at -will" and may be terminated at any time by either the City Manager or the employee. No official or employee of the City, other than the City Manager, shall have the authority to enter into any agreement for employment. C. Personnel Policies shall be submitted to the City Council for review and approval with the City Manager authorized, directed and empowered to development administrative policies, procedures, rules, forms and materials that are consistent with the Personnel Policies in order to implement the human resources system of the City. Said policies and procedures shall comply with all related state and Federal laws, as well as City ordinances and resolutions. Section 2. Equal Employment Opportunity. It is the policy of the City to ensure equal employment opportunity for all employees and appointed representatives. This conunitment includes a mandate to promote and afford equal treatment and services to all citizens, employees and City representatives, and to assure equal employment opportunity based on ability and fitness to all persons regardless of race, religion, color, creed, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical disability unless such disability effectively prevents the performance of the essential duties required of the position and which arc bonafide occupational qualifications. P:\OrdinanceslOrdinancc vvo. 41,personncl.doc 1 Section 3. Non Discrimination. A. The City of Spokane Valley will not discriminate on the basis of race, color, national origin, sex, religion, age, marital status, or disability in employment or the provision of services. It is also the intent of the City to guarantee disabled persons equal opportunity to participate in or enjoy the benefits of City services, programs, or activities, and to allow disabled employees a bias free work environment. Section 4. Sexual Harassment. A. It is the policy of the City to seek to eliminate and /or prevent sexual harassment in general, as well as to alleviate any effects sexual harassment may have on the working conditions of an employee. In response to formal reports of sexual harassment, the city will seek to protect all parties involved from retaliation, false accusations, or future harassment, and, where indicated, will take reasonably prompt and adequate remedial measures. B. The City Manager or designee shall investigate and appropriately respond to all complaints of sexual harassment. If the City Manager is the subject of the complaint, then an independent outside agency shall investigate the complaint. Any records related to sexual harassment shall be sealed and retained in a separate peronnel filed maintained by the Human Resources Manager. Section 5. Reporting Improper Governmental Action — Whistleblowng. A. In accordance with RCW 42.41, City officials and staff shall conduct City business with the utmost integrity and in strict accordance with all applicable federal, state and local laws. Accordingly, employees are encouraged to bring to the attention of the City Manager improper actions of City officials and employees. If the City Manager is the subject of the complaint, then the improper actions shall be reported to the City Attorney who shall consult with the City Council on a course of action. The City will not retaliate against any employee who makes such a disclosure in good faith. B. The City Manager is authorized and directed to develop and implement administrative policies and procedures to carry out the intent of this section and otherwise comply with State law related hereto. Section 6. Dru lg " esting. A. The City Manager shall require an appropriate post -offer pre - employment physical exam and drug screen test of all prospective City employees. B. Employees required to maintain a Commercial Driver's License (COL) shall be subject to periodic random drug testing as required by law. C. Upon a finding by an employee's supervisor of reasonable suspicion that the employee's ability to properly perform the job has been lessened by the use of intoxicating liquor and /or drugs, the employee may be required to submit to alcohol or drug testing. In addition, an employee may be required to submit to alcohol or drug testing if the employee is injured or P:lOrdinanceslOrdinanoc No. 44,personnel.doc 2 injures another employee during work hours or is involved in a work - related accident and the city reasonably suspects that the employee's actions or failure to act contributed to the injury or accident. Section 7. Employee Classification. A. Position classifications shall be developed and maintained for City employment. A job description shall be prepared and maintained so that that the classifications and accompanying salary reflect the current duties and responsibilities of the job. B. Significant changes in the duties and responsibilities of any position within the city service shall result in an evaluation of the position and possible reclassification based on such changes. All position classifications shall be reviewed periodically to assure that the classification reasonably reflects the current duties and responsibilities of the position. C. Whenever the designated Human Resources Manager has classified a new position or reclassified an existing position, as required by subsections (a) and (b) of this section, the Human Resources Manager shall submit the changes to the City Manager for approval. To the extent the foregoing results in a change in an employee's current salary or wages, such change shall not become effective until inclusion and adoption through a budget ordinance of the City Council. Section 8. Salary Plan — Hiring Rate. A. The City Manager shall develop an annual salary plan for all City positions that results from an evaluation of duties and responsibilities. B. The salary plan shall be presented and considered as part of the annual budget adoption process, and shall include the grade, title and salary range of all classified City positions. C. New prospective City employees meeting the minimum qualifications for the position shall normally be hired at the minimum rate of pay within the salary range. However, when a prospective employee's current rate of pay exceeds the minimum rate of pay of the respective job title, or a prospective employee's qualifications, experience, and record of achievement considerably exceed the minimum requirements for the position, the City Manager may authorize a salary above the minimum. Nio employee shall be hired in excess of the approved salary range established for the position. Section 9. Overtime - Compensatory Time Off. A. For the purposes of computing eligibility for overtime pay, the term employee refers to those employees identified by RCW 49.46.130 who are eligible for overtime compensation. Employees who are exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and RCW 49.46.130 shall not receive any overtime pay. Employees who are not exempt from the FLSA shall by compensated for overtone at the rate of one and one -half for hours worked in excess of the number of hours allowed per work week as designated under the Fair Labor Standards Act. P:IOrdinunces\Ordinancc No. 44,personnel_doc 3 B. When warranted, personal leave for exempt employees may be granted by the City Manager in recognition of extraordinary work time required of exempt positions. A. The City of Spokane Valley shall offer a substitute social security program, and shall not participate in the Social Security System (FICA) for employees covered by a qualified retirement program. B. Casual, part -tune and temporary employees who are not covered by a qualified retirement program shall participate in the Social Security System (FICA) as required by law. C. The Social Security Substitute Program shall be a 401A plan approved by the City Council. City and employee contribution rates and maximums shall match FICA contribution rates and maximums as published in the Internal Revenue Service's Employer's Tax Guide, iR.S Publication 15. Section 11. Retirement. All regular full -time City employees, except the City Manager who has the option of joining an alternate portable retirement plan in lieu of PERS, shall be required to participate in the state mandated Washington State Public Employees Retirement System (PERS). Section 12. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance. Section 13. Effective Date. This ordinance shall be in full force and effect on the official date of incorporation provided publication of this ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ATTEST: Section 10. Social Securit o and Medicare. D. As required by law, the City shall participate in the Medicare program. Passed by the City Council of the City of Spokane Valley on , 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz P:lordinanceslOrdinance No. 44,personncl.doc 4 Mayor, Michael DeVleming Date of Publication Effective Date: P;1OrdinanccslOrdinancc No. 44,personncl.doc 5 DATE ACTION IS REQUESTED: March 6, 2003 - continued March 13, 2003 City Manager Dept. Head Attorney Approve As To Form SUBMITTED BY: Interim City Manager CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -062 TITLE: Municipal Court TYPE OF ACTION: Services STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Authorize execution by City Manager of Interlocal Agreement No. CO3 -10 for municipal court services. Ordinance APPROVED FOR ATTACHMENTS: Resolution COUNCI PACKET: Interlocal Agreement No. CO3- 10 Motion DISCUSSION: This agreement has been in negotiation between the City of Spokane Valley staff and Spokane County staff for several weeks. The City Council reviewed the draft agreement during the February 27, 2003 study session. The proposed agreement has been drafted in accordance with the provisions of state ROY 39.34 and provides for the City of Spokane Valley to utilize the Spokane County District/Municipal Court for the purpose of adjudicating and sentencing cases which occur within the corporate boundaries of the City of Spokane Valley. Action on this agreement was delayed from the March 6, 2003 meeting to incorporate language modifications as agreed to by the County and City. ALTERNATIVES: Establish a City municipal court and utilize City staff to perform all functions relating to providing municipal court services. FISCAL IMPACT: SOURCE OF FUNDS: General fund AMOUNT BUDGETED: Budget under development AMOUNT NEEDED FOR .PROJECT: $610,621.50 for the year 2003 X Other Return to: Daniela Erickson Spokane Valley Contract Clerk of the Board No. CO3 -10 1116 West Broadway Approved: Spokane, Washington 99260 INTERLOCAL AGREEMENT FOR COSTS INCIDENT TO ADJUDICATION OF MISDEMEANOR AND GROSS MISDEMEANOR OFFENSES SERVICES IN THE CITY OF SPOKANE VALLEY (April 1, 2003 - December 31, 2004) THIS AGREEMENT, made and entered into by and among the Spokane County District/Municipal Court, having offices for the transaction of business at 1100 West Mallon, Spokane, Washington 99260, hereinafter referred to as "COURT," Spokane County, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "BOARD," together sometimes referred to along with the COURT 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." WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established midnight, March 31, 2003, as its official date of incorporation and upon that date will commence operations as a city; and WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area will transfer from COUNTY to CITY; and Page 1 of 10 WtTNESSETH: 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, pursuant to the provisions of RCW 39.34.180, the City of Spokane Valley is responsible for the costs incident to investigation, prosecution, adjudication and incarceration of misdemeanor and gross misdemeanor offenses that occur within its jurisdiction and that are committed by adults; and WHEREAS, Spokane County has established the Spokane County District/Municipal Court under the provisions of chapter 3.38 RCW for the judicial administration of the laws of the State of Washington and the ordinances of Spokane County. The Spokane County District/Municipal Court consists of one district encompassing all of Spokane County; and WHEREAS, the City of Spokane Valley desires to utilize the services of the Spokane County District/Municipal Court for the purpose of adjudicating and sentencing cases, hereinafter "Court Services," which occur within the City of Spokane Valley's boundaries and are referred to the Spokane County District/Municipal Court where the initial charge is (i) an infraction and/or (ii) a misdemeanor or gross misdemeanor offense committed by an adult, and /or (iii) a violation of the City of Spokane Valley's ordinances which constitutes a misdemeanor. NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter and as provided for i.n the above- referenced recitals, the PARTIES do hereby agree as follows: SECTION NO. 1.: PURPOSE The purpose of this Agreement is to set forth the PARTIES' understanding as to the terms and conditions under which COUNTY will provide Court Services to CITY. For the purpose of this Agreement, "Court Services" is further described in Section No. 4 herein below. SECTION NO. 2: DURATION This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one or all of the PARTIES give notice of termination as provided for in Section No. 5 and Section No. 10 of this Agreement. Page 2of10 SECTION NO. 3: COST OF SERVICES AND PAYMENTS CITY shall pay COUNTY the actual costs for Court Services provided under this Agreement as outlined below. The calculation of costs for Court Services under this Agreement utilizes methodologies set forth in Attachment "A," attached hereto and incorporated herein by reference. In 2004, PARTIES agree to revise the costs for 2004 Court Services based on the 2004 budget adopted by the BOARD for the COURT. The PARTIES further agree to review the methodologies used in Attachment "A," including the actual number of cases COURT handled for CITY in 2003 to ensure that CITY'S share of costs for Court Services is appropriate. Any disagreement between CITY and COUNTY with respect to the methodologies shall be resolved by mediation as provided in Section No. 13 herein below. Provided, the PARTIES agree that CITY shall be responsible for its proportionate share of the Court Services so that COUNTY is not financially subsidizing Court Services to the CITY. Provided, however, COUNTY shall credit CITY for (i) any and all jury fee costs which are recovered by COURT in conjunction with providing Court Services under this Agreement and (ii) any and all indigent representation fees collected by COURT in conjunction with PUBLIC DEFENDER services provided to CITY under separate Intcrlocal Agreement. The credit shall occur at COURT'S option on a monthly basis or in conjunction with the last billing of the calendar year. The PARTIES agree to meet and discuss the mutual adoption of a methodology under which records can be maintain by the COURT so that the percentage allocations set forth below can be adjusted to recognize the actual costs of Court Services provided to City under the terms of this Agreement. This methodology will enable the PARTIES, using actual numbers, to adjust and settle and the end of the year based on actual services provided. Any method mutually adopted shall be applied prospectively. A. Personnel. CITY shall pay COUNTY the sum of SIX HUNDRED TEN THOUSAND SIX HUNDRED TWENTY -ONE DOLLARS and 50 /100 (5610,621.50) in calendar year 2003 to be allocated toward the personnel - related costs of the following positions: Page 3 of 10 1) One and a third (1.33) Judges (salary based upon RCW 3.58.010); 2) A half (%) Secretary (salary determined by averaging all salaries of secretaries and then multiplying by a half); 3) Two and a third (2.33) Bailiffs (salary determined by averaging all salaries of Bailiffs and multiplying by two and a third); 4) One (1) Administration Support; (salary determined by averaging all Administration staff salaries); 5) One (1) Court Commissioner (salary based upon RCW 3.42.040); and 6) Nine (9) Clerks of the Court (salary determined by averaging all clerical employees salaries and multiplying by 9). The PARTIES recognize that the above sum may be modified as a result of: (1) a cost of living (COLA) adjustment as authorized by COUNTY for listed positions; and/or (2) salary increases including those authorized for the judges /court commissioner(s) pursuant to RCW 3.58.010 and RCW 3.42.040. In the event that any of these actions occur, the above sum shall be increased to recognize such occurrences for the calendar year. Further, the monthly payments for the calendar year shall be increased in an amount to include the increased compensation. 13. Maintenance and Operation Costs. CITY shall also pay COUNTY the sum of SIXTY - THREE THOUSAND DOLLARS ($63,000) in calendar year 2003 to be allocated toward the following items: The PARTIES recognize that the above - listed sum is an estimate of the maintenance and operation ( "M &O ") costs for the listed items. Estimating the actual budgeted costs and then allocating CITY 28% of these costs for calendar year 2003 was used to calculate the above. In the event that actual cost of the listed items exceeds or falls short of the above - listed sum, the monthly payments shall be increased/decreased in an amount so that the total sum paid for calendar year 2003 and 2004 represents 28% of the actual maintenance and operation costs for the listed items. For the purpose of this Agreement, the terminology "M &O" shall have the same meaning as set forth in the BARS manual adopted by the State of Washington under chapter 43.88 RCW. C. Indirect Costs. CITY shall also pay COUNTY the sum of ONE HUNDRED SIXTY FOUR THOUSAND THREE HUNDRED EIGHTY -THREE DOLLARS and 75/100 ($124,383.75) which represents CITY'S share of the indirect costs attributable for those full -time equivalent COUNTY employees assigned to COURT operations. Indirect costs include, liability insurance, administrative services, Human Resources, Information Systems and other indirect and overhead costs borne by COUNTY. Page 4of10 1) Law books /CD LAW license fees; 2) Pro tem fees; 3) Repair and maintenance contract costs of courtroom electronic recording equipment, Burster, and Moore Detacher; 4) Repair and maintenance contract costs of fax machines; 5) Shared office supplies; 6) Incidental wiring and repair costs of Judges' and Commissioners' PC's; 7) Judges' and Court Commissioners' travel, registration, robes and juror's workers compensation liability insurance; and 8) Reimbursement for Judges', Court Commissioners' and Administrators' annual association dues. For 2003, the above figures will be divided into 9 equal amounts. For 2004, the revised costs for 2004 Court Services will be divided into 12 equal amounts. COUNTY will bill CITY monthly for the cost of all services as outlined above during the first week of the month. Payments by CITY will be due by the 5 day of the following month. At the sole option of COUNTY, a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. SECTION NO. 4: SERVICES PROVIDED COURT shall operate the Spokane Valley Municipal Court (hereinafter "Municipal Court") for CITY. The Municipal Court shall have jurisdiction over matters arising from CITY'S ordinances, as provided in RCW 3.46.030, as well as those matters CITY is financially responsible for pursuant to RCW 39.34.180. COUNTY, as provided by law, shall distribute all fines, penalties, court costs and other fees collected by the Municipal Court under the terms of this Agreement that are owing and due to CITY. Such moneys shall be distributed to CITY within the same time frame that COUNTY distributes moneys other municipalities /agencies. CITY shall be responsible for distributing the proportionate share of said moneys to the appropriate state agencies as required by law. SECTION NO. 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the PARTIES at the address set forth below for such Party, or at such other address as PARTIES shall from time -to -time designate by notice in writing to the other PARTIES: COUNTY: COURT: CITY: Page 5 of 10 Spokane County Chief Executive Officer or his /her authorized representative 1 1 16 West Broadway Avenue Spokane, Washington 99260 Spokane District Court Presiding Judge Spokane County District Court 1 100 West Mallon Avenue Spokane, Washington 99260 City of Spokane Valley City Manager or his /her authorized representative Redwood Plaza 1 1707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 SECTION NO. 6: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO. 7: ASSIGNMENT No Party may assign, in whole or in part, its interest in this Agreement without the approval of all other PARTIES. SECTION NO. 8: LIABILITY (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY /COURT or their respective officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. Tn the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same. (b) CITY shall indemnify and hold harmless COUNTY /COURT and their officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY /COURT, CITY shall defend the same at its sole cost and expense; provided that COUNTY /COURT reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against COUNTY /COURT, and their officers, agents, and employees, or any of them, or jointly against COUNTY/COURT and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, Chapter 51 R.CW, respecting the other party only, and only to the extent necessary to provide the indemnified party with a Page 6 of 10 full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits including auto liability coverage. SECTION NO. 9: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of COUNTY /COURT shall be deemed to be an employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or representative of the CITY shall be deemed to be an employee, agent, servant or representative of COUNTY /COURT for any purpose. SECTION NO. 10: MODIFICATION OR TERMINATION This Agreement may be modified in writing by mutual agreement of the PARTIES. Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 90 days written notice to the other PARTIES. Upon termination, CITY shall be obligated to pay for only those Court Services rendered prior to the date of withdrawal based upon a pro rata division of those costs in Section No. 3 herein above. Termination of this Agreement shall not impose a requirement on COUNTY to provide for the funding or handling of cases addressed by this Agreement that are filed/referred after the effective date of termination. Upon termination COUNTY shall continue to provide services to completion for those cases filed prior to the effective date of the termination. SECTION NO. 11: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in association with applicable CITY cases shall remain with the original owner, unless specifically and mutually agreed by the PARTIES to this Agreement. Page 7 of 10 SECTION NO. 12: ALL WRITINGS CONTAINED IREINBINDINNG 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. 13: DISPUTE RESOLUTION Any dispute among the PARTIES with respect to the methodologies used to calculate the 2004 costs of Court Services to CITY under the terms of this Agreement that cannot be resolved between/among the applicable PARTIES shall be subject to binding arbitration. Provided, however, COURT'S independent right to run COURT shall not be subject to this dispute resolution provision. COUNTY and CITY shall each have the right to designate a person 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. The costs of the arbitration panel shall be jointly split between the PARTIES involved in the arbitration. The decision of the arbitration panel shall be binding and not subject to judicial review. SECTION NO. 14: 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. 15: SEVERABILITY It is understood and agreed among the PARTIES that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term Page 8 of 10 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. 16: 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. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: SPOKANE COUNTY MUNICIPAL /DISTRICT COURT: 13y: Its: DATED: BOARD OF COUNTY OF SPOKANE, COUNTY, WASHINGTON COMMISSIONERS ATTEST: V1 CKY M. DAL T ON CLERK OF THE BOARD BY: Daniela Erickson, Deputy Page 9 of 10 JOHN ROSKELLEY, Chair PHILLIP D. HARRIS, Vice -Chair M. KATE MCCASLIN DATED: CITY OF SPOKANE VALLEY: Attest: City Clerk Approved as to form only: Acting City Attorney Page 10 of 10 By: Its: I I:1Valley CityiDraft Contra cls\Ajudication\adjudication scrviccs valley 03I003 -f nal.doc (Title) Purpose: SPOKANE DISTRICT COURT STATISTICS SPOKANE VALLEY 1) Utilizing one or more methodologies, identify caseload statistics attributable and chargeable as Spokane Valley municipal court services; 2) Calculate anticipated costs of providing those municipal court services given the workload/caseload calculated in (1); a) Using costs per case calculations, similar to those for Liberty Lake, et al b) Using resource cost estimates allocable to the cases in the new city, similar to the city of Spokane Interlocal Agreement. Databases and Sources of Information: 1) CAD (Computer Aided Dispatch), RMS (R.ecords Management System) and JMS (Jail Management System) as compiled and interpreted by Sheriff's Department personnel; 2) Arrest statistics from Capt. Mike Dubee, Washington State Patrol; 3) JIS (Justice information System), court filing information through the Administrative Office of the Courts, as compiled by court personnel. Methodologies: 1) Conduct in -house manual surveys of caseload filings for the period June 1 through September 30, 2002, to determine the Valley caseload; 2) Develop sorting parameters through BRIO (JIS) to measure historical filings by LEA and by offense category; 3) Compare and contrast infraction and criminal activity estimates developed by the Spokane Sheriff Department with that compiled from special BRIO reports of the JIS system in Spokane District Court and with the manual survey conducted by District Court personnel. Purpose: Test reliability of our own and the Sheriff's reporting of Valley cases. 4) Determine most reliable caseload information from that provided; 5) Converting caseload information to workload measures, as a percentage of the District Court total workload. a) Calculate staffing, M & 0 and Indirect Costs for the workload in the Valley; b) Calculate costs using "cost per case" figures for 2002. Page 1 of 3 ATTACHMENT "A" C <'= T.Y.RF.` � . . 2002.." ' . •Projection� . In :. -. `.. _:ii Couot� ti. r. . , 'Iii ex :' Valley Infractions. 62,853 .60 37,712 .35 13,199 DUI 2,091 .23 481 .68 327 Crim Traf 1 4,199 .70 2,939 .55 1,705 Cr 2,179 .64 1,394 .55 767 DV, . .:s s :Y , 1,439 .90 1,295 .55 7 TOTA 1; . 72776 ?I' :r ' , ' .J. .,, . '16,710 Cautionary Note: The following caseload estimates for the City of Spokane Valley are based on historical data for the years of 2000 and 2001 and the first 9 months of 2002. Since April of 2002, however, the entire county has experienced a surge in case filings, e.g. average of 59% increase in infractions, 53% increase in DUI arrests, and a 17% increase in other criminal filings. This trend is not fully considered in these caseload/workload estimates. * County includes all law enforcement activity which could be chargeable to a municipality but is currently provided by county law enforcement agencies, i.e. Animal Control, Sheriffs Department. This column does not include WSP citations, Burlington Northern, Dept. of Fish and Wildlife, Dept. of Fisheries, Labor and Industries, State Dept. of Natural Resources, State Dept. of Social and Health Services, Union Pacific Railroad, State Utilities and Transportation, Department of Wildlife or any other state law enforcement agency. Summary and Conclusion: Page 2 of 3 2002 Infraction /Criminal Filing Projections After culling out the relevant numbers from the Sheriff Department report, entitled "Statistical Analysis of Valley City Arrests ", and comparing these with the numbers arrived from our "in- house" survey of case filings for the period June 1, 2002 - September 30, 2002, and further comparing these with a special BRIO report from JIS, conducted by the Court's Computer Applications Assistant, it is our conclusion that the estimate of caseload flings for the City of Spokane Valley are reliable and may be used to project staffing needs for the delivery of municipal court services and to estimate projected costs for these cases based -on both a cost per case basis and a weighted workload analysis. The one exception to the analysis is that for Infraction filings. The report indicates that RMS did not enter infraction data for the last half of 2001 and, therefore, we rely on JIS statistics for that figure. OPTION 1, RCVS 3.45 MUNICIPAL COURT DEPARTMENT VALLEY COURT STAFF[NG AND ANNUAL BUDGET Judges * 1.33 $180,828 Commissioners 1.0 116,235 Bailiffs 2.33 84,724 Secretaries 0.5 21,646 Admin. Support 1.0 58,342 Clerks Office 9.0 352,387 *Includes D.V. case handling TOTAL S &W 15.16 FTE $814,162 Bbl & O .28 81,629 INDIRECT COSTS .2037 $165,845 TOTAL ANNUALIZED COSTS $ 1,061,636 Page 3 of 3 r% 03/10/2003 15:45 FAX 509 477 3672 STEVEN J. TUCKER PROSECUTING ATTORNEY Please FAX to: Ruth Muller, City Clerk FAX Phone No: (509) 921 -1008 SPQR CO PA CIVIL OFFICE 07 PR05ECU11NG ATTORNEY March 10, 2003 MA11.. TO: Civil Division MAIL S1 OP S&T 1116 W. Broadway Avenue Spokane, WA 992600270 (509) 477-5764 FAX: 477 -3672 RECEIVED MAR 1 02903 City of Spokane Valley **** *tat ************************ era*********** * * * * * * * * ** * ** * * * * * * * * * * * * From: James P. Emacio Chief Civil Deputy Prosecuting Attorney, Civil Division Spokane County Prosecuting Attorney's Office Telephone No.: (509) 477 -5764 FAX Phone No.: (509) 477 -3672 ****************************************** **** * * *a * * * * * * * * * * * * * * * * * * * * * * Re: Judicial Interlocal Agreement: ********** t m************************************+****** * **** **** *6** ** ** * * * ** ***** * ** *tit * * ** If there are any questions regarding the message sent, please contact Tamara, Civil Department, Prosecuting Attorney's Office, 477 -5764. M* 4******* 4************ * * * * * * * ** * * * *4* * * * * * * * * * ** ** * ** •** * * ** * * * * * * * * * * * * * * * * * * ** NOTICE: The information contained in this transmission is privileged and confidential. It is intended for the use of the individual or entity 'named above. If the reader of this message is not the intended addressee, the reader is hereby notified that any consideration, dissemination or duplication of this commwlication is strictly prohibited. If the addressee has received this communication in error, please return to the above address by mail and notify this office immediately by telephone. Thank you. WARNING: Most Fax nluchines produce copies on thermal paper. The image produced is highly unstable and will deteriorate significantly in a few years. This record should be copied on a plain paper copier prior to filing as a record. ❑ Criminal Department PSB-1 1100 W. Mallon Avenue Spokane, WA 99250.0270 (509) 4773662 FAX 477.3409 Civil Department • 1115 W. Broadway Spokane, WA 992604270 (509)477.5764 FAX477 -3672 0 Domestic Vtnlence Unit FSE 901 N liorvoe, Suite 200 Spokane, WA 99201 (509) 935 -4500 FAX:835-4562 Pages 15 Drug /Property Department PSH -1 721 N. Jefferson Spokane, WA 99260-0270 (50)) 477 -6416 FAX: 477.4450 Zoo' 0 Juvenile Department 1'58.1 1208 W. Mallon Avenue Spokane, WA 99266 -0270 (509) 477 -6046 PAX: 477 -6444 03/10/2003 15:46 FAX 509 477 3672 Emacio, James To: twalton @spokanevalley.org; smcnutt@spokanevalley.org; sms @wkdtlaw.com; rmuller @spokanevalley.org Cc: McCaslin, Kate; Peterson, Vance; Miles, Ronald; Famell, Marshall Subject: Final Judicial Inter local Gentlemen: Attached is the final Judicial Interlocal Agreement. It includes the matters addressed at our meeting of Wednesday. I will fax a hard copy to Ruth Muller. Jim adjudication adjudication services valley 0... attachmet stabs... SYOK CO PA CIVIL 12002 1 03/10/2003 .1,5:16 FAX 509 477 3672 SPOK CO PA CIVIL Q4003 Return to: Danlola Erickson Clerk of the Board 1116 West Broadway Spokane, Washington 99260 INTERLOCAL AGREEMENT FOR COSTS INCIDENT TO ADJUDICATION OF MISDEMEANOR AND GROSS MISDEMEANOR OF ENS.ES SERVICES IN THE CITY OF SPOKANE VALLEY (April 1, 2003 - December 31, 2004) THIS AGREEMENT, made and entered into by and among the Spokane County District /Municipal Court, having offices for the transaction of business at 1100 West Mallon, Spokane, Washington 99260, hereinafter referred to as "COURT," Spokane County, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "BOARD," together sometimes referred to along with the COURT as "COUNTY," and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the "PARTIES." WITNESSETH: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established midnight, March 31, 2003, as its official date of incorporation and upon that date will commence operations as a city; and WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area will transfer from COUNTY to CITY; and 03/10/2003 15:46 FAX 509 477 3672 SPUR CO PA CIVIL, (0004 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, pursuant to the provisions of RCW 39.34.180, the City of Spokane Valley is responsible for the costs incident to investigation, prosecution, adjudication and incarceration of misdemeanor and gross misdemeanor offenses that occur within its jurisdiction and that are committed by adults; and WHEREAS, Spokane County has established the Spokane County District/Municipal Court under the provisions of chapter 3.38 RCW for the judicial administration of the laws of the State of Washington and the ordinances of Spokane County. The Spokane County District/Municipal Court consists of one district encompassing all of Spokane County; and WHEREAS, the City of Spokane Valley desires to utilize the services of the Spokane County District/Municipal Court for the purpose of adjudicating and sentencing cases, hereinafter "Court Services," which occur within the City of Spokane Valley's boundaries and are referred to the Spokane County District/Municipal Court where the initial charge is (i) an infraction and/or (ii) a misdemeanor or gross misdemeanor offense committed by an adult, and /or (iii) a violation of the City of Spokane Valley's ordinances which constitutes a misdemeanor. NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter and as provided for in the above - referenced recitals, the PARTIES do hereby agree as follows: SECTION NO. 1: PURPOSE The purpose of this Agreement is to sct forth the PARTIES' understanding as to the terms and conditions under which COUNTY will provide Court Services to CITY. For the purpose of this Agreement, "Court Services" is further described in Section No. 4 herein below. SECTION NO. 2: DURATION This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12 :00 P.M. December 31, 2004, unless one or all of the PAR.TIES give notice of termination as provided for in Section No. 5 and Section No. 10 of this Agreement. Page 2 of 10 03/10/2003 15:47 FAX 509 477 3672 SPOK CO PA CIVIL E J005 SECTION NO. 3: COST OF SERVICES AND PAYMENTS CITY shall pay COUNTY the actual costs for Court Services provided under this Agreement as outlined below. The calculation of costs for Court Services under this Agreement utilizes methodologies set forth in Attachment "A," attached hereto and incorporated herein by reference. In 2004, PARTIES agree to revise the costs for 2004 Court Services based on the 2004 budget adopted by the BOARD for the COURT. The PARTIES further agree to review the methodologies used in Attachment "A," including the actual number of cases COURT handled for CITY in 2003 to ensure that CITY'S share of costs for Court Services is appropriate. Any disagreement between CITY and COUNTY with respect to the methodologies shall be resolved by mediation as provided in Section No. 13 herein below. Provided, the PARTIES agree that CITY shall be responsible for its proportionate share of the Court Services so that COUNTY is not financially subsidizing Court Services to the CITY. Provided, however, COUNTY shall credit CITY for (i) any and all jury fee costs which are recovered by COURT in conjunction with providing Court Services under this Agreement and (ii) any and all indigent representation fees collected by COURT in conjunction with PUBLIC DEFENDER services provided to CITY under separate Interlocal Agreement. The credit shall occur at COURT'S option on a monthly basis or in conjunction with the last billing of the calendar year. The PAR'l'ILS agree to meet and discuss the mutual adoption of a methodology under which records can be maintain by the COURT so that the percentage allocations set forth below can be adjusted to recognize the actual costs of Court Services provided to City under the terms of this Agreement. This methodology will enable the PARTIES, using actual numbers, to adjust and settle and the end of the year based on actual services provided. Any method mutually adopted shall be applied prospectively. A. Personnel. CITY shall pay COUNTY the sum of SIX HUNDRED TEN THOUSAND SIX HUNDRED TWENTY -ONE DOLLARS and 50/1 ($610,621.50) in calendar year 2003 to be allocated toward the personnel - related costs of the following positions: Page 3 of 10 1) One and a third (1.33) Judges (salary based upon RCW 3.58.010); 2) A half (%) Secretary (salary determined by averaging all salaries of secretaries and then multiplying by a half); 3) Two and a third (2.33) Bailiffs (salary determined by averaging all salaries of Bailiffs and multiplying by two and a third); 4) One (1) Administration Support; (salary determined by averaging all Administration staff salaries); 5) One (1) Court Commissioner (salary based upon RCW 3.42.040); and 6) Nine (9) Clerks of the Court (salary determined by averaging all clerical employees salaries and multiplying by 9). 03/10/2003 15:47 FAX 509 477 3672 SPOK CO PA CIVIL g006 The PARTIES recognize that the above sum may be modified as a result of: (1) a cost of living (COLA) adjustment as authorized by COUNTY for listed positions; and/or (2) salary increases including those authorized for the judges/court commissioner(s) pursuant to RCW 3.58.010 and RCW 3.42.040. In the event that any of these actions occur, the above sum shall be increased to recognize such occurrences for the calendar year. Further, the monthly payments for the calendar year shall be increased in an amount to include the increased compensation. B. Maintenance and Operation Costs. CITY shall also pay COUNTY the sum of SIXTY -THREE THOUSAND DOLLARS (S63,000) in calendar year 2003 to be allocated toward the following items: The PARTIES recognize that the above - listed sum is an estimate of the maintenance and operation ( "M &O ") costs for the listed items. Estimating the actual budgeted costs and then allocating CITY 28% of these costs for calendar year 2003 was used to calculate the above. In the event that actual cost of the listed items exceeds or falls short of the above - listed sum, the monthly payments shall be increased/decreased in an amount so that the total sum paid for calendar year 2003 and 2004 represents 28% of the actual maintenance and operation costs for the listed items. For the purpose of this Agreement, the terminology "M &O" shall have the same meaning as set forth in the BARS manual adopted by the State of Washington under chapter 43.88 RCW. C. Indirect Costs. CITY shall also pay COUNTY the sum of ONE HUNDRED SIXTY TOUR THOUSAND THREE HUNDRED EIGHTY -THREE DOLLARS and 75/100 (S124,383.75) which represents CITY'S share of the indirect costs attributable for those full -time equivalent COUNTY employees assigned to COURT operations. Indirect costs include, liability insurance, administrative services, Human Resources, Information Systems and other indirect and overhead costs borne by COUNTY. Page 4of10 1) Law books /CD LAW license fees; 2) Pro tem fees; 3) Repair and maintenance contract costs of courtroom electronic recording equipment, Burster, and Moore Detacher; 4) Repair and maintenance contract costs of fax machines; 5) Shared office supplies; 6) Incidental wiring and repair costs of Judges' and Commissioners' PC's; 7) Judges' and Court Commissioners' travel, registration, robes and juror's workers compensation liability insurance; and 8) Reimbursement for Judges', Court Commissioners' and Administrators' annual association dues. 03/10/2003 15:48 FAX 509 477 3672 For 2003, the above figures will be divided into 9 equal amounts. For 2004, the revised costs for 2004 Court Services will be divided into 12 equal amounts. COUNTY will bill CITY monthly for the cost of all services as outlined above during the first week of the month. Payments by CITY will be due by the 5 day of the following month. At the sole option of. COUNTY, a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. SECTION NO. 4: SERVICES .PROVIDED COURT shall operate the Spokane Valley Municipal Court (hereinafter. "Municipal Court") for CII`Y. The Municipal Court shall have jurisdiction over matters arising from CITY'S ordinances, as provided in RCW 3.46.030, as well as those matters CITY is financially responsible for pursuant to RCW 39.34.180. COUNTY, as provided by law, shall distribute all fines, penalties, court costs and other fees collected by the Municipal Court under the terms of this Agreement that are owing and due to CITY. Such moneys shall be distributed to CITY within the same time frame that COUNTY distributes moneys other municipalities/agencies. CITY shall be responsible for distributing the proportionate share of said moneys to the appropriate state agencies as required by law. SECTION NO. 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the PARTIES at the address set forth below for such Party, or at such other address as PARTIES shall from time -to -time designate by notice in writing to the other PARTIES: COUNTY: COURT: CITY: Page 5 of 10 SPOK CO PA CIVIL [J 007 Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 Spokane District Court Presiding Judge Spokane County District Court 1100 West Mallon Avenue Spokane, Washington 99260 City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 03/10/2003 15:48 FAX 509 477 3672 SPOK CO PA CIVIL SECTION NO. 6: COUNTERPARTS 0008 This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO. 7: ASSIGNMENT No Party may assign, in whole or in part, its interest in this Agreement without the approval of all other PARTIES. SECTION NO. 8: LIABILITY (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY /COURT or their respective officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same. (b) CITY shall indemnify and hold harmless COUNTY /COURT and their officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY /COURT, CITY shall defend the same at its sole cost and expense; provided that COUNTY /COURT reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against COUNTY /COURT, and their officers, agents, and employees, or any of them, or jointly against COUNTY /COURT and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified party with a Page 6 of 10 03f.L012043 15:49 FAX 50'0 477 3672 SPOK CO PA CIVJT. 0O9 full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits including auto liability coverage, SECTION NO. 91 RELATIONSHIP OF TITS PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of COUNTY/COURT shall be deemed to be an employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or representative of the CITY shall be deemed to be an employee, agent, servant or representative of COUNTY/ COURT for any purpose. SECTION NO. 10: MODIFICATION OR TERiNIEVATI N This Agreement may be modified in writing by mutual agreement of the PARTIES. Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 90 days written notice to the other PARTIES. Upon termination, CITY shall be obligated to pay for only those Court Services rendered prior to the date of withdrawal based upon a pro rata division of those costs in Section No. 3 herein above. Termination of this Agreement shall not impose a requirement on COUNTY to provide for the funding or handling of cases addressed by this Agreement that are filed/referred n-ed after the effective date of termination. Upon termination COUNTY shall continue to provide services to completion for those cases filed prior to the effective date of the termination. SECTION NO. 11: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in association with applicable CITY cases shall remain with the original owner, unless specifically and mutually agreed by the PARTIES to this Agreement. Page 7 of 10 03/10/2003 15:49 FAX 509 477 3672 SPOK CO I'A CIVIL X0].0 SECTION NO. 12: ALL WRITINGS CONTAINED IiIEREIN/BINDING EFFECT This Agreement contains terms and conditions agreed upon by the PAR1'IEJS. 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 PARITIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO. 13: DISPUTE RESOLUTION Any dispute among the PARTIES with respect to the methodologies used to calculate the 2004 costs of Court Services to CITY under the terms of this Agreement that cannot be resolved between/among the applicable PARTIES shall be subject to binding arbitration. Provided, however, COURT'S independent right to run COURT shall not be subject to this dispute resolution provision. COUNTY and CITY shall each have the right to designate a person 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. The costs of the arbitration panel shall be jointly split between the PARTIES involved in the arbitration. The decision of the arbitration panel shall be binding and not subject to judicial review. SECTION NO. 14: 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. 15: SEVERABILITY It is understood and agreed among the PARTIES that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term Page 8 of 10 03/1012003 15 :50 FAX 549 477 367.2 SPOK CO PA CIVIL or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision tf.iereof that maybe 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. 16: 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 w1l-ch they pertain. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures DATED: SPOKANE COUNTY IvIUNICIPAUDISTRICT COURT: By: Its: DATED: _ BOARD OF COUNTY COlvilvIISSIONERS OF SPOKANE, COUNTY, WASHINGTON ATTEST: VIKY M. DALTON CLERK OF THE BOARD BY: Daniela Erickson, Deputy Page 9of10 JOHN ROSKELLEY, Chair PHILLIP D. HARRIS, Vice -Chair M. KATE MCCA LN 03/10/2003 15:50 FAX 509 477 3672 SPOK CO PA C (l, (401.2 DATED: CITY OF SPOKANE VALLEY: Attest: City Clerk Approved as to form only: Acting City Attorney Ii:Wal9ey CitylDraft Contr attsijjudicationtadjudication services valley 031003- final.doc Page 10 of 10 By: Its: (Title) . 03/10/2003 15:50 FAX 509 477 3672 Purpose: Methodologies: Page 1 of 3 SPOK CO PA clvIL fj013 SPOKANE DISTRICT COURT STATISTICS SPOKANE VALLEY 1) Utilizing one or more methodologies, identify caseload statistics attributable and chargeable as Spokane Valley municipal court services; 2) Calculate anticipated costs of providing those municipal court services given the workload/caseload calculated in (1); a) Using costs per case calculations, similar to those for Liberty Lake, et al b) Using resource cost estimates allocable to the cases in the new city, similar to the city of Spokane Interlocal Agreement. Databases and Sources of Information: 1) CAD (Computer Aidcd Dispatch), RMS (Records Management System) and JMS (Jail Management System) as compiled and interpreted by Sheriff's Department personnel; 2) Arrest statistics from Capt. Mike Dubee, Washington State Patrol; 3) JIS (Justice Information System), court filing information through the Administrative Office of the Courts, as compiled by court personnel. 1) Conduct in -house manual surveys of caseload filings for the period June 1 through September 30, 2002, to determine the Valley caseload; 2) Develop sorting parameters through BIRO (J IS) to measure historical filings by LEA and by offense category; 3) Compare and contrast infraction and criminal activity estimates developed by the Spokane Sheriff Department with that compiled from special BR10 reports of the JIS system in Spokane District Court and with the manual survey conducted by District Court personnel. Purpose: Test reliability of our own and the Sheriffs reporting of Valley cases. 4) Determine most reliable caseload information from that provided; 5) Converting caseload information to workload measures, as a percentage of the District Court total workload. a) Calculate staffing, M & 0 and Indirect Costs for the workload in the Valley; b) Calculate costs using "cost per case" figures for 2002. ATTACHMENT "A" ' • � . _ ..." • •"0 '∎: , I 62,85 �L..o .60 �t� .. e . .35 to 13,199 37,712 •11 A 2 091 .23 481 .68 327 Ft. i - ',.ti : r 4 199 .70 2,939 .55 1 705 << r' 6', 1 2 179 .64 1,394 .55 767 1 D . IN 1,439 .90 1,295 712 03/10/2003 15:50 FAX 509 477 3672 SPOK CO PA CIVTI.. 8014 Cautionary Note • The following caseload estimates for the City of Spokane Valley are based on historical data for the years of 2000 and 2001 and the first 9 months of 2002. Since April of 2002, however, the entire county has experienced a surge in case filings, e.g. average of 59% increase in infractions, 53% increase in DUI arrests, and a 17% increase in other criminal filings. This trend is not fully considered in these caseload/workload estimates. * County includes all law enforcement activity which could be chargeable to a municipality but is currently provided by county law enforcement agencies, i.c. Animal Control, Sheriffs Department. This column does not include WSP citations, Burlington Northern, Dept. of Fish and Wildlife, Dept. of Fisheries, Labor and Industries, State Dept. of Natural Resources, State Dept, of Social and Health Services, Union Pacific Railroad, State Utilities and Transportation, Department of Wildlife or any other state law enforcement agency. Summary and Conclusion: 2002 Infraction/Criminal Filing Proiections After culling out the relevant numbers from the Sheriff Department report, entitled "Statistical Analysis of Valley City Arrests ", and comparing these with the numbers arrived from our "in- house" survey of case filings for the period June 1, 2002 - September 30, 2002, and further comparing these with a special BRIO report from ITS, conducted by the Court's Computer Applications Assistant, it is our conclusion that the estimate of caseload filings for the City of Spokane Valley are reliable and may be used to project staffing needs for the delivery of. municipal court services and to estimate projected costs for these cases based on both a cost per case basis and a weighted workload analysis. The one exception to the analysis is that for Infraction filings. The report indicates that R:Iv1S did not enter infraction data for the last half of 2001 and, therefore, we rely on JIS statistics for that figure. Page 2 of 3 03/10/2003 15:51. FAX 509 477 3672 SPOK CO PA CIVI1, OPTION 1. RCW 3,45 : ' MUNICIPAL COURT DEPARTMENT • VALLE* C'e • ' T STAFFING AND ANNUAL BUDGET Judges * - . ;1.33 ' . $180;828-' Commissioners • :1.0 . 1:16,235 Bailiffs 2.33. . 84,724 Secretaries , . 0.5 • 21,646 - Admin. Support . 1.0 • • = '58,342 • Clerks' Office - 9.0 :.3'52,387 Page 3 of 3 *includes D.V. case handling TOTAL S &■ . 15:16 FTE' • $814,161 . M &O .28 81,629 'INDIRECT COSTS .2037 ' • $165,845 TOTAL; ANNUAL::ZED COSTS - . • $ 1,061,636 RJ 01.5 Attorney Approve As To Form SUBMITTED BY: Interim City Manager CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -064 DATE ACTION IS TITLE: Public Defender TYPE OF ACTION: REQUESTED: Services March 6, 2003 - continued March 13, 2003 Ordinance APPROVED FOR ATTACHMENTS: Resolution COUN .L PACKET: lnterlocal Agreement No. CO3- 12 Motion City Manager X Other Dept. Head STAFF RECOMMENDS COUNCIL, MAKE A MOTION TO: Authorize execution by the City Manager of Interlocal Agreement No. CO3 -12 for public defender services. DISCUSSION: This agreement has been in negotiation between the City of Spokane Valley staff and Spokane County staff for several weeks. The City Council reviewed the draft agreement during the February 27, 2003 study session. The proposed agreement has been drafted in accordance with the provisions of state RCW 39.34 and provides for the City of Spokane Valley to utilize services of the Spokane County Public Defender for the purpose of providing representation to indigents needing these services for certain offenses. Action on this agreement was delayed from the March 6, 2003 meeting to incorporate language modifications as agreed to by the County and City. ALTERNATIVES: (a) Publish a Request for Qualifications (RFQ) to secure services of a private attorney or firm to perform public defender services for Spokane Valley; or (b) seek services of another City or County Public Defender and negotiate agreement for services. FISCAL IMPACT: SOURCE OF FUNDS: General fund AMOUNT BUDGETED: Budget under development AMOUNT NEEDED FOR PROJECT: S260,946 for the year 2003 Return to: THIS AGREEMENT, made and entered into by and among the Spokane County Public Defender, having offices for the transaction of business as 1033 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, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the "PARTIES." Page 1 of 10 Danicla Erickson Spokane Valley Contract Clerk of the Board No. CO3 -12 1116 West Broadway ,Approved: Spokane, Washington 99260 1NTERLOCAL AGREEMENT FOR PUBLIC DEFENDER SERVICES IN THE CITY OF SPOKANE VALLEY (April 1, 2003 - December 31, 2004) WITNESSETH: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners has the care of County property and the management of County funds and business; and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established midnight, March 31, 2003, as its official date of incorporation and upon that date will commence operations as a city; and WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area transferred from Spokane County to the City of Spokane Valley; and WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and WHEREAS, pursuant to the provisions of RCW 39.34.180, the City of Spokane Valley is responsible for the costs incident to prosecution of misdemeanor and gross misdemeanor offenses which are violations of state statutes that occur within its jurisdiction and that are committed by adults, and/or juveniles for traffic offenses pursuant to RCW 13.04.030(1)(e)(iii), as well as misdemeanor or gross misdemeanor offenses which are a violation of City of Spokane Valley ordinances and committed by adults, and/or juveniles for traffic offenses pursuant to RCW 13.40.030(1)(e)(iii); and WHEREAS, the City of Spokane Valley desires to utilize the services of the 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 /or a juvenile for a traffic offense pursuant to RCW 13.40.030(1)(e)(iii), and occurring within the City of Spokane Valley; and/or (2) representing indigents where the initial charge is a CITY misdemeanor or gross misdemeanor and referred to the Spokane County Public Defender. NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter and as provided for in the above - referenced recitals, the PARTIES do hereby agree as follows: SECTION NO. 1: PURPOSE The purpose of the Agreement is to reduce to writing the PARTIES' understanding as to the terms and conditions under which the PUBLIC DEFENDER will provide "Defender Services" to CITY. It is the intent of the PARTIES that Defender Services to be provided under the terms of this Agreement will be consistent with CITY'S Council/Manager form of government provided for in chapter 35A.13 RCW and CITY'S legal responsibility to provide such services under the U.S. Constitution, Washington State Constitution and laws of the State of Washington. SECTION NO. 2: DURATION This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one or all of the PARTIES provide notice of termination as provided in Sections No. 5 and 12 of this Agreement. SECTION NO. 3: COST OF SERVICES AND PAYMENTS CITY shall pay COUNTY the actual costs for Defender Services provided under this Agreement. The estimated cost for Defender Services under this Agreement for calendar year 2003 shall be TWO HUNDRED SIXTY THOUSAND NINE HUNDRED FORTY- Page 2 of 1 SIX DOLLARS ($260,946). CITY'S cost was arrived at by using the methodology set forth in Attachment "A," attached hereto and incorporated herein by reference. The PARTIES agree to use those same methodologies contained in Attachment "A" to arrive at the estimated costs for calendar year 2004 Prosecution Services. The PARTIES recognize that the costs will more than likely increase in 2004. For instance, Assistant Public Defenders and /or support staff may receive salary adjustments by the BOARD or the maintenance and operation expenses of PUBLIC DEFENDER'S office may increase. These increases or potential decreases will be reflected in the figures used in the methodologies for calculating CITY'S 2004 estimated costs. Additionally, the methodologies will use the Spokane County Geo -Coded Analysis Report ( "Report "). This Report tracks the actual number of cases handled by PUBLIC DEFENDER for CITY. At the end of calendar year 2003 and calendar year 2004, using actual maintenance and operations expenditures ( "M &O ") expenditures as well as using the numbers in the Report for each year, COUNTY and CITY will each determine respectively whether or not the estimated M &O numbers and percentage numbers used as the basis for calculating costs of PUBLIC DEFENDER services were accurate. Any disagreement between the PARTIES as to M &O and /or percentage shall be resolved pursuant to Section No. 15 hereinafter. To the extent that CITY was over billed in any year, it will receive a credit to be applied as mutually agreed. If CITY was under billed, it will receive a debit in the subsequent billing. The adjustment will normally take place in March of the year following the year Prosecution Services were performed. For the purpose of this Agreement, the terminology M &O shall have the same meaning as set forth in the BARS manual adopted by the State of Washington under chapter 43.88 R.CW. COUNTY will bill CITY for the cost of services as outlined, monthly, during the first week of the month. Dividing that fee set forth herein above by nine (9) for calendar year 2003 and by twelve (12) annually thereafter will base monthly payments. Payments by CITY will be due by the 5' day of the following month. At the sole option of COUNTY, a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. SECTION NO. 4: SERVICES PROVIDED 4.1 Base Services - 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 (1) (e) (iii), as well as any appeals to Superior Page 3 of 1.0 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 the prosecution of violations of CITY'S Traffic Code, as well as any appeals to Superior Court. 4.2 Enhanced Services - CITY hereby agrees to pay for enhanced Defender Services separately. Enhanced Defender Services include unique circumstances not contemplated by the PARTIES at the time the estimated costs were set for any calendar year such as enhanced enforcement of a particular crime, mass arrests and request for Defender Services of rioters and/or protestors. PUBLIC DEFENDER will advise the CITY Manager as soon as possible of the likelihood of Enhanced Defender Services. CITY will pay PUBLIC DEFENDER for all actual costs for enhanced Defender Services. PUBLIC DEFENDER will keep time records for all such costs. Billings for Enhanced Services will occur along with monthly billing for Base Services. CITY agrees to insure that appropriate CITY staff is available at no cost to PUBLIC DEFENDER for all trials or judicial proceedings where their presence is requested by PUBLIC DEFENDER. All services to be provided by PUBLIC DEFENDER in courts under the terms of this Agreement 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 C1TY, the PARTIES agree to meet and mutually negotiate any and all increased costs to PUBLIC DEFENDER in providing such court services at CITY location. PUBLIC DEFENDER or his /her designee agrees to attend staff meetings as requested by the CITY Manager. PUBLIC DEFENDER or his/her designee further agrees to meet upon request by the CITY Manager or his/her designee to discuss any Defender Services provided under the terms of this Agreement. CITY agrees PUBLIC DEFENDER will use PUBLIC DEFENDER'S stationary in conjunction with providing Prosecution Services under the terms of this Agreement. SECTION NO. 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, rage 4 of 10 postage prepaid addressed to COUNTY at the address set forth below for such Party, or at such other address as COUNTY shall from time-to -time designate by notice in writing to the other PARTIES: COUNTY: PUBLIC DEFENDER: Richard Fasy Spokane County Pubic Defender's Office 1033 West Gardner, Gardner Court Building, Spokane Washington 99260 -0280 CITY: SECTION NO. : 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 sane. SECTION NO. 7: REPORT1NC Spokane County Chief Executive OFmiccr or hislhcr authorized representative 1 16 West Broadway Avenue Spokane, Washington 99260 City of Spokane Valley City Manager or his /her authorized representative Redwood Plaza 1 1707 East Sprague Avenue, Suite ] 0b Spokane Valley, Washington 99206 PUBLIC} DEFENDER shall provide a mutually acceptable quarterly report to CITY that will contain information relating to Defender Services performed during the preceding quarter. PUBLIC .DEFENDER will make available to CITY upon request copies of any Spokane County Geo-Coded Analysis Report "Report". SECTION ON . 8: ASSIGNMENT No party may assign in whole or in part its interest in this Agreement without the approval of all other PARTIES. Provided, however, CITY agrees that in instances of conflict, PUBLIC DEFENDER may transfer out of his/her office such representation at no additional cost to CITY without CITY'S approval or authorization. Page 5 of 10 SECTION NO. 9: ASSISTANT PUBLIC DEFENDERS - HIRING AND DISCIPLINE. PUBLIC DEFENDER retains sole right to hire, assign, retain and discipline all employees performing Defender Services under this Agreement according to applicable state and federal laws. PUBLIC DEFENDER agrees to meet and confer with CITY with respect to staff that is assigned to provide Defender Services. SECTION NO. 10: LIABILITY (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same. (b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly against COUNTY and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. Page 6 of 10 (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than 55,000,000 per occurrence with 55,000,000 aggregate limits including for PUBLIC DEFENDER staff professional liability and auto liability coverages. SECTION NO. 11 RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of COUNTY shall be deemed to he an employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or CITY representative shall be deemed to be an employee, agent, servant or representative of COUNTY for any purpose. SECTION NO. 12: MODIFICATION/TERMINATION This Agreement may be modified in writing by mutual agreement of the PARTIES. Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 90 days written notice to the other. PARTIES. Upon termination, CITY shall be obligated to pay for only those Defender Services rendered prior to the date of termination based upon a pro rata division of those costs set forth in Section No. 3 herein above. Termination shall not impose a requirement on either COUNTY /PUBLIC DEFENDER respectively to provide for the funding or handling of cases addressed by this Agreement that are filed after the effective date of termination. Upon termination, at CITY'S option, PUBLIC DEFNEDER shall continue to provide services to completion for those cases filed prior to the effective date of the termination. SECTION NO. 13: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in association with applicable CITY cases shall remain with the original owner, unless specifically and mutually agreed by the PARTIES to this Agreement. SECTION NO. 14: ALL WRITINGS CONTAINED HEREIN /BINDING 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 Page 7 of 10 or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO. 15: DISPUTE RESOLUTION Any dispute among the PARTIES with respect to the methodologies used to calculate the 2004 costs of Defender Services or the provision of Defender Services by PUBLIC DEFENDER to CITY under the terms of this Agreement that cannot be resolved between/among the applicable PARTIES shall be subject to binding arbitration. Provided, however, PUBLIC DEFENDER'S independent right to administer and manage the Public Defender's Office shall not be subject to this dispute resolution provision. COUNTY and CITY shall each have the right to designate a person to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. "i'he decision of the arbitration panel shall be binding on COUNTY and CITY, The costs of the arbitration panel shall be jointly split between the COUNTY and CITY. The decision of the arbitration panel shall be binding and not subject to judicial review. SECTION NO. 16: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the Jaws of the State of Washington both as to interpretation and performance. Any Diction at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, 'Washington. SECTION NO. 17: S E V ERABILITY It is understood and agreed among the PARTIES that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected i.n 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, terrn 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. Page 8ofUI SECTION NO. 1 : RECORDS All public records prepared, owned, used or retained by PUBLIC DEFENDER in conjunction with providing Defender Services under the terms of this Agreement shall he deemed CITY property and shall be made available to CITY upon request by the CITY Manager subject to the attorney client and work product privileges set forth in statue, court rule or case law. PUBLIC DEFENDER will notify CITY of any public disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the PUBLIC DEFENDER'S response thereto. SECTION NO. : ASSURANCE COUNTY and PUBLIC DEFENDER represent and assure CITY that no other city or town will receive more favored treatment in receipt of Defender Services than that made available to the CITY for similar services, SECTION NO. 20: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: Page 9of10 SPOKANE COUNTY PUBLIC DEFENDER: By: Its: (Title) DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON ATTEST: VICKY M. DALTON CLERK OF THE BOARD BY: Attest: City Clerk Approved as to form only: Acting City Attorney Page 10 of 10 JOHN ROSKELLEY, Chair Daniela Erickson, Deputy M. KATE MCCASLIN DATED: CITY OF SPOKANE VALLEY By: Its: H:1Vallcy Cily Draft Contracts Defendcf public defender services valley 031003- final.due PHILLIP D. HARRIS, Vice -Chair (Title) Valley City Costs for Public Defender Representation This cost proposal is based on calculations extrapolated from the Sheriff's Dept. geo -coded statistics for first nine months of the year 2002 and the Public Defender PDMAN records of County cases for the same time period. This time period is the most appropriate basis for a projection of costs since it reflects recent changes in the criminal justice system that will continue to affect the number of arrests and prosecutions for misdemeanor and gross misdemeanor cases. The percentage of Public Defender County cases attributable to the Valley City for this time period is 39 %. The figure below reflects 39% of the modified Misdemeanor budget for the year 2003 plus a cost allocation for investigative services and overhead. The budget has been modified to more accurately reflect the administrative and O &M costs of the misdemeanor services provided by the Spokane County Public Defender. Investigative services costs have been separately calculated because the investigators are paid out of the general organization (0047) budget. Overhead has been calculated at the rate of 6.34% of salaries and benefits. Salaries and Benefits: $234,090.00 Investigator Salaries and Benefits: $ 2,835.00 O &M $ 9,180.00 Cost Allocation $ 4,841.00 Total: $260,946.00* This fr'ure is for a nine month time frame from Aril 1. 2003 to December 31. 2003. The projected number of misdemeanor /show cause cases in the Public Defender's Office for the year 2003 is 5,400. This projection is based upon the total number of misdemeanor /show cause cases for the year 2002 and the recent increase in traffic patrol officers and DUI prosecutions. If this projection is accurate, the number of Valley City misdemeanor and show cause cases will be 2,106 (39 %of 5,400). With that number of cases, the cost per case will be $163.00. This estimate is consistent with misdemeanor /show cause cost per case statistics for recent years. The cost per case for the years 1999, 2000 and 2001 were: $164, $168, and $150 respectively. If the actual number of misdemeanor /show cause cases is lower than has been projected, the cost per case will be higher. For example, the cost per case for 39% of 5,000 cases handled in the year 2003 would be $177.00. This amount is still a relative bargain when compared to the cost of private or PD contract representation. Page 1 of 2 Cost per Case ATTACHMENT "A' Valley City Misdemeanor and Gross Misdemeanor Cases These calculations are based on statistics provided by the Sheriff's Department and on the data contained within the Public Defender's PDMAN case management system. The data from the Sheriff's Department has been coded for the first nine months of 2002 to provide a statistically reliable percentage of Spokane County cases that have originated within the geographical arca attributable to the Valley City. The PDMAN statistics allow for a segregation of those cases that are solely attributable to Spokane County. Cases that are attributable to state agencies or municipalities have been excluded because they would not be adjudicated in the Valley City justice system under any circumstance. Thus, a percentage of Public Defender cases that would have to be handled by the Valley City can be calculated by determining the percentage of overall cases that are strictly Spokane County cases and reducing that percentage further by the application of the percentage figure of Valley City /County cases developed by the Sheriffs Department. in making this determination, a separate calculation for Show Cause Hearings was not made since they would track on the same basis as the misdemeanor cases. Spokane County Misdemeanor Incidents 2,670 Gross Misdemeanor Incidents 2,321 Total 4,991 Valley City Misdemeanor Incidents 1,384 Gross Misdemeanor Incidents 1,387 Total 2,771 2002 -- ---- -- First Nine Months Valley City percentage: 2,771 divided by 4,991 equals 56% Public Defender County cases 1,895 Total Public Defender cases 2,715 PD County case percentage 1,895 divided by 2,715 equals 70% PD County cases that are from The Valley City area 56% of 1,895 equals 1,061 Percentage of Total PD cases that are from the Valley City area 1,061 divided by 2715 equals 39% Paget oft Average Percentage of PD Cases Attributable to the Valley City = 39% 03/1112003 09:,13 FAX 509 477 3672 SPOFC CO NA CIVIL Return to INTERLOCAL AGREE •NT FOR PUBLIC DEFENDER SERVICES IN THE CITY OF SPOKANE VALLEY (April 1, 2003- December 31, 2004) TIT1S AGREEMENT, made and entered into by and among the Spokane County Public Defender, having offices for the transaction of business as 1033 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, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the "PARTIES." Page 1 of 10 Daniels Erien Clerk of the Board 1116 West Broadway Spokane, Washington 99260 W1T ESSET 42.1. WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of, County Commissioners has the care of County property and the management of County funds and business; and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established midnight, March 31, 2003, as its official date of incorporation and upon that date will commence operations as a city; and WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area transferred from Spokane County to the City of Spokane Valley, and WHEREAS, chapter 39.34 RCW (Tnterlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; d 03/11/2003 09:13 FAX 509 477 3672 Page 2 of 10 SPOK CO PA CIVIL. a022 WHEREAS, pursuant to the provisions of RCW 39.34.180, the City of Spokane Valley is responsible for the costs incident to prosecution of misdemeanor and gross misdemeanor offenses which are violations of state statutes that occur within its jurisdiction and that are committed by adults, and/or juveniles for traffic offenses pursuant to RCW 13.04.030(1)(e)(iii), as well as misdemeanor or gross misdemeanor offenses which arc a violation of City of Spokane Valley ordinances and committed by adults, and/or juveniles for traffic offenses pursuant to RCW 13.40.030(1)(e)(iii); and WHEREAS, the City of Spokane Valley desires to utilize the services of the 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/or a juvenile for a traffic offense pursuant to RCW 13.40.030(1)(e)(iii), and occurring within the City of Spokane Valley; and/or (2) representing indigents where the initial charge is a CITY misdemeanor or gross misdemeanor and referred to the Spokane County Public Defender. NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter and as provided for in the above- referenced recitals, the PARTIES do hereby agree as follows: SECTION NO. 1: PURPOSE The purpose of the Agreement is to reduce to writing the PARTIES' understanding as to the terms and conditions under which the PUBLIC DEFENDER will provide `Defender Services" to CITY. It is the intent of the PARTIES that Defender Services to be provided under the terms of this Agreement will be consistent with CITY'S Council/Manager for_rn of government provided for in chapter 35A.13 RCW and CITY'S legal responsibility to provide such services under the U.S. Constitution, Washington State Constitution and laws of the State of Washington. SECTION NO. 2: DURATION This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one or all of the PARTIES provide notice of termination as provided in Sections No. 5 and 12 of this Agreement. SECTION NO. 3: COST OF SERVICES AND PAYMENTS CITY shall pay COUNTY the actual costs for Defender Services provided under this Agreement. The estimated cost for Defender Services under this Agreement for calendar year 2003 shall be TWO HUNDRED SIXTY THOUSAND NINE HUNDRED FORTY- 03/11/2003 09:13 FAX 509 477 3672 SPOK CO PA CIVIL. UO23 SIX DOLLARS ($260,946). CITY'S cost was arrived at by using the methodology set forth in Attachment "A," attached hereto and incorporated herein by reference. The PARTIES agree to use those same methodologies contained in Attachment "A" to arrive at'the estimated costs for calendar year 2004 Prosecution Services. The PARTIES recognize that the costs will more than likely increase in 2004. For instance, Assistant Public Defenders and/or support staff may receive salary adjustments by the BOARD or the maintenance and operation expenses of PUBLIC DEFENDER'S office may increase. These increases or potential decreases will be reflected in the figures used in the methodologies for calculating CITY'S 2004 estimated costs. Additionally, the methodologies will use the Spokane County Geo -Coded Analysis Report ("Report"). This Report tracks the actual number of cases handled by PUBLIC DEFENDER for CITY. At the end of calendar year 2003 and calendar year 2004, using actual maintenance and operations expenditures ( "M &O ") expenditures as well as using the numbers in the Report for each year, COUNTY and CITY will each determine respectively whether or not the estimated M &O numbers and percentage numbers used as the basis for calculating costs of PUBLIC DEFENDER services were accurate. My disagreement between the PARTIES as to M &O and/or percentage shall be resolved pursuant to Section No. 15 hereinafter. To the extent that CITY was over . billed in any year, it will receive a credit to be applied as mutually agreed. If, CITY was under billed, it will receive a debit in the subsequent billing. The adjustment will normally take place in March of the year following the year Prosecution Services were performed. For the purpose of this Agreement, the terminology M &O shall have the same meaning as set forth in the BARS manual adopted by the State of Washington under chapter 43.88 RCW. COUNTY will bill CITY for the cost of services as outlined, monthly, during the first week of the month. Dividing that fee set forth herein above by nine (9) for calendar year 2003 and by twelve (12) annually thereafter will base monthly payments. Payments by CITY will be due by the 5 day of the following month. At the sole option of COUNTY, a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. SECTION NO. 4: SERVICES PROVIDED 4.1 Base Services - 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 (1) (e) (iii), as well as any appeals to Superior Page 3 of 10 03/11/2003 09:14 FAX 509 477 3672 SPOK CO PA CIVIL Q4024 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 the prosecution of violations of CITYY'S Traffic Code, as well as any appeals to Superior Court. 4.2 Enhanced Services - CITY hereby agrees to pay for enhanced Defender Services separately. Enhanced Defender Services include unique circumstances not contemplated by the PARTIES at the time the estimated costs were set for any calendar year such as enhanced enforcement of a particular crime, mass arrests and request for Defender Services of rioters and/or protestors. PUBLIC DEFENDER will advise the CITY Manager as soon as possible of the likelihood of Enhanced Defender Services. CITY will pay .PUBLIC DEFENDER for all actual costs for enhanced Defender Services. PUBLIC DEFENDER will keep time records for all such costs. Billings for Enhanced Services will occur along with monthly billing for Base Services. CITY agrees to insure that appropriate CJ.TY staff is available at no cost to PUBLIC DEFENDER for all trials or judicial proceedings where their presence is requested by PUBLIC DEFENDER. All services to be provided by PUBLIC DEFENDER in courts under the terms of this Agreement 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. PUBLIC DEFENDER or his/her designee agrees to attend staff meetings as requested by the CITY Manager. PUBLIC DEFENDER. or his/her designee further agrees to meet upon request by the CITY Manager or his/her designee to discuss any Defender Services provided under the terms of this Agreement. CITY agrees PUBLIC DEFENDER will use PUBLIC DEFENDER'S stationary in conjunction with providing Prosecution Services under the terms of this Agreement. SECTION NO. 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications arc 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, Page 4 of 10 03/11/2003 09:15 FAX 509 477 3672 SPOK CO PA CIVIL postage prepaid addressed to COUNTY at the address set forth below for such Party, or at such other address as COUNTY shall from time - to designate by notice in writing to the other PARTIES: COUNTY: PUBLIC DEFENDER Richard Fasy Spokane County Pubic Defender's Office 1033 West Gardner, Gardner Court Building, Spokane Washington 99260 -0280 CITY: City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 SECTION NO. 6: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO. 7: REPORTING PUBLIC DEFENDER shall provide a mutually acceptable quarterly report to CITY that will contain information relating to Defender Services performed during the preceding quarter. PUBLIC DEFENDER will make available to CITY upon request copies of any Spokane County Geo -Coded Analysis Report ( "Report"). SECTION NO. 8: ASSIGNMENT No party may assign in whole or in part its interest in this Agreement without the approval of all other PARTIES. Provided, however, CITY agrees that in instances of conflict, PUBLIC DEFENDER may transfer out of his/her office such representation at no additional cost to CITY without CITY'S approval or authorization. Page 5 of 10 Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 a025 03/11/2003 09:15 FAX 509 477 3672 SPOK CO PA CIVIL E026 SECTION NO. 9: ASSISTANT PUBLIC DEFENDERS - HIRING AND DISCIPLINE. PUBLIC DEFENDER retains sole right to hire, assign, retain and discipline all employees performing Defender. Services under this Agreement according to applicable state and federal laws. PUBLIC DEFENDER agrees to meet and confer with CITY with respect to staff that is assigned to provide Defender Services. SECTION NO. 10: LIABILITY (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same. (b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly against COUNTY and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. Page 6 010 03/11/2003 09:15 FAX 509 477 3672 SPOK Co PA CIVIL Q027 (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the 'natters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits including for PUBLIC DEFENDER staff professional liability and auto liability coverages. SECTION NO. 11: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of COUNTY shall be deemed to be an employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or CITY representative shall be deemed to be an employee, agent, servant or representative of COUNTY for any purpose. SECTION NO. 12: MODIFICATION/TERMINATION This Agreement may be modified in writing by mutual agreement of the PARTIES. Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 90 days written notice to the other. PARTIES. Upon termination, CITY shall be obligated to pay for only those Defender Services rendered prior to the date of termination based upon a pro rata division of those costs set forth in Section No. 3 herein above. Termination shall not impose a requirement on either COUNTY/PUBLIC DEFENDER respectively to provide for the funding or handling of cases addrcsscd by this Agreement that are filed after the effective date of termination. Upon termination, at CITY'S option, PUBLIC DEFNEDER shall continue to provide services to completion for those cases filed prior to the effective date of the termination. SECTION NO. 13: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in association with applicable CITY cases shall remain with the original owner, unless specifically and mutually agreed by the PARTIES to this Agreement. SECTION NO. 14: ALL WRITINGS CONTAINED HEREINBINDINjG 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 Page 7 of 10 03/11/2003 09:29 FAX 509 477 3672 SPOK CO PA CIVIL STEVEN j. TUCKS PROSZ.CU TN C ATTORNEY S P O K A EC Please FAX to: Ruth Muller, City Clerk FAX Phone No: (509) 921 -1008 0 Criminal Depart nent 1'58 -1 1100 W. Mallon Avenue Spokane, WA 99260-0270 (509)477-3662 FAX: 477 -3409 Re: Interlocal Agreements: • Data Processing Services • Probation Services • Public Defender Services 0 Civil Department 9.T 1115 W. Broadway Spokane, WA 99260 -0270 (509)477 -5764 FAX:477.3672 OFFIC1 OF PROSECtmNC ATTORNEY MAK 1 ?f City of Sp°ksne Valley March 11, 2003 From: James P. Emacio Chief Civil Deputy Prosecuting Attorney, Civil Division Spokane County Prosecuting Attorney's Office Telephone No.: (509) 477 -5764 FAX Phone No.: (509) 477 -3672 0 Domestic Violence Unit PS8.1 901 14 Monroe, Suite 200 Spokane, WA 9920l (509) 835 -4500 FAX:835 -4552 COUNTY MAIL TO: Civil Division MAIL STOF S &T 1116 W. Broadway Avenue Spokane, WA 99260-0270 (509) 477 -5764 FAX: 477 -3672 *********** *# * * * * * * * * * * * * * * *. * * * * * * * * * * * ** *4444 * * * * * * * * * * * * * * * * * * * * * * * * ** Pages 32 * bit ** * * * Ie * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * ** * * * * *e * ** * ** ** * **** *** a************ y*******s****s ra* re*** *.** * *** * * ** * ** +e. #tv * If there are any questions regarding the message sent, please contact Tamara, Civil Department, Prosecuting Attorney's Office, 477 -5764. 0 *• ****0 * * * * * + * *. * * *•* *4444 * * *e4,f *y*• * * * * * * * * * ** 04 ,4,4 * ** * * *o * * * ** ** * * * * * * * * * ** ** 4,.4,0 * * * * * * * * * * ** NOTICE: The information contained in this transmission is privileged and confidential. It is intended for the use of the individual or entity natned above. if the reader of this message is not the intended addressee, the reader is hereby notified that any consideration, dissemination or duplication of this communication is strictly prohibited. If the addressee has received this communication in error, please return to the above address by mail and notify this office immediately by telephone. Thank you. WARNING: Most Fax machines produce copies on thermal paper. The image produced is highly unstable and will deteriorate significantly in a few years. This record should be copied on a plain paper copier prior to filing as a record. ❑ Drug/ Property Department P5 &1 721 N. Jefferson Spokane, WA 99743-0270 (509) 477.6416 FAX 477-6450 2 001 /007 0 juvenile Department P513 -2 1208 W. Mallon Avenue Spokane, WA 99260-0270 (509) 471- 61146 FAX: 477-6444 03/11/2003 09:29 FAX 509 477 3672 SPOK CO PA CIVIL (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than 55,000,000 per occurrence with 55,000,000 aggregate limits including for PUBLIC DEFENDER staff professional liability and auto liability coverages. SECTION NO. 11: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of COUNTY shall be deemed to be an employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or CITY representative shall be deemed to be an employee, agent, servant or representative of COUNTY for any purpose. SECTION NO. 12: MODIFICATION/TERIVHNATION This Agreement may be modified in writing by mutual agreement of the PARTIES. Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 90 days written notice to the other PARTIES. Upon termination, CITY shall be obligated to pay for only those Defender Services rendered prior to the date of termination based upon a pro rata division of those costs set forth in Section No. 3 herein above. Termination shall not impose a requirement on either COUNTY /PUBLIC DEFENDER respectively to provide for the funding or handling of cases addressed by this A.greernent that are fled after the effective date of termination. Upon termination, at CITY'S option, PUBLIC DEFNEDER shall continue to provide services to completion for those cases filed prior to the effective date of the termination. SECTION NO. 13: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in association with applicable CITY cases shall remain with the original owner, unless specifically and mutually agreed by the PARTIES to this Agreement. SECTION NO. 14: ALL WRITINGS CONTAINED HEREIN/BINDING 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 Page 7 of l0 @1 002/007 03/1„1/2003 09:30 FAX 509 477 3672 Page 8 of 10 SPOK CO PA GT1'Il.. X003/007 or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO. 15: DISPUTE RESOLUTION Any dispute among the PARTIES with respect to the methodologies used to calculate the 2004 costs of Defender Services or the provision of Defender Services by PUBLIC DEFENDER to CITY under the terms of. this Agreement that cannot be resolved between/among the applicable PARTIES shall be subject to binding arbitration. Provided, however, PUBLIC DEFENDER'S independent right to administer and manage the Public Defender's Office shall not be subject to this dispute resolution provision. COUNTY and CITY shall each have the right to designate a person 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 COUNTY and CITY. The costs of the arbitration panel shall be jointly split between the COUNTY and CITY. The decision of the arbitration panel shall be binding and not subject to judicial review. SECTION NO. 16: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 17: SEVERABILITY It is understood and agreed among the PARTIES that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. 03/.11/2003 09:30 FAX 509 477 3672 SECTION NO. 18: RECORDS SPOK CO PA CIVIL All public records prepared, owned, used or retained by PUBLIC DEFENDER in conjunction with providing Defender Services under the terms of this Agreement shall be deemed CITY property and shall be made available to CITY upon request by the CITY Manager subject to the attorney client and work product privileges set forth in statue, court rule or case law. PUBLIC DEFENDER will notify CITY of any public disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the PUBLIC DEFENDER'S response thereto. SECTION NO. 19: ASSURANCE COUNTY and PUBLIC DEFENDER represent and assure CITY that no other city or town will receive more favored treatment in receipt of Defender Services than that made available to the CITY for similar services. SECTION NO. 20: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. £N WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: _ SPOKANE COUNTY PUBLIC DEFENDER: By: Its: Page 9 of 10 (Title) a004/007 03/11/2003 09:31 FAX 509 477 3672 SPOK CO PA CIVIL DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON ATTEST: VICKY M. DALTON CLERK OF THE BOARD BY: Attest: City Clerk Approved as to form only: Acting City Attorney Page 10 of 10 JOHN ROSKELLEY, Chair PHILLIP D. HARRIS, Vice -Chair Daniela Erickson, Deputy M. KATE MCCASLIN DATED: CITY OF SPOKANE VALLEY By: N:: :Walley CitylDrafl Contracts`PUblic Defender\public defender services valley 031003- firial.dOc Its: (Title) el 005/007 03111/2003 09:31 FAX 509 477 3672 Valley City Costs for Public Defender Representation This cost proposal is based on calculations extrapolated from the Sheriff's Dept. geo -coded statistics for first nine months of the year 2002 and the Public Defender PDMAN records of County cases for the same time period. This time period is the most appropriate basis for a projection of costs since it reflects recent changes in the criminal justice system that will continue to affect the number of arrests and prosecutions for misdemeanor and gross misdemeanor cases. The percentage of Public Defender County cases attributable to the Valley City for this time period is 39 %. The figure below reflects 39% of the modified Misdemeanor budget for the year 2003 plus a cost allocation for investigative services and overhead. The budget has been modified to more accurately reflect the administrative and O &M costs of the misdemeanor services provided by the Spokane County Public Defender. Investigative services costs have been separately calculated because the investigators are paid out of the general organization (0047) budget. Overhead has been calculated at the rate of 6.34% of salaries and benefits. Salaries and Benefits: Investigator Salaries and Benefits: O &M Cost Allocation Total: This figure is for a nine month Cost per Case The projected number of misdemeanor/show cause cases in the Public Defender's Office for the year 2003 is 5,400. This projection is based upon the total number of misdemeanor /show cause cases for the year 2002 and the recent increase in traffic patrol officers and DUI prosecutions. If this projection is accurate, the number of Valley City misdemeanor and show cause cases will be 2,106 (39 %of 5,400). With that number of cases, the cost per case will be $163.00. This estimate is consistent with misdemeanor /show cause cost per case statistics for recent years. The cost per case for the years 1999, 2000 and 2001 were: $164, $168, and $150 respectively. If the actual number of misdemeanor /show cause cases is lower than has been projected, the cost per case will be higher. For example, the cost per case for 39% of 5,000 cases handled in the year. 2003 would be $177.00. This amount is still a relative bargain when compared to the cost of private or PD contract representation. Page 1 of 2 SPOK CO PA CIVIL 5234,090.00 $ 2,835.00 5 9,180.00 $_ 4.841.00 $260,946.00* time frame from A mril 1 2003 to December 31 2003. ATTACHMENT "A" Z066/007 03/11/2003 09:31 FAX 509 477 3672 SPOK CO PA CIVIL Valley City Misdemeanor and Gross Misdemeanor Cases These calculations are based on statistics provided by the Sheriff's Department and on the data contained within the Public Defender's PDMAN case management system. The data from the Sheriff's Department has becn coded for the first nine months of 2002 to provide a statistically reliable percentage of Spokane County cases that have originated within the geographical area attributable to the Valley City. The PDMAN statistics allow for a segregation of those cases that are solely attributable to Spokane County. Cases that are attributable to state agencies or municipalities have been excluded because they would not be adjudicated in the Valley City justice system under any circumstance. Thus, a percentage of Public Defender cases that would have to be handled by the Valley City can be calculated by determining the percentage of overall cases that are strictly Spokane County cases and reducing that percentage further by the application of the percentage figure of Valley City /County cases developed by the Sheriff's Department. In making this determination, a separate calculation for Show Cause Hearings was not made since they would track on the same basis as the misdemeanor cases. Spokane Countv Misdemeanor Incidents 2,670 Gross Misdemeanor Incidents 2,321 Total 4,991 Page 2 of 2 2002 First Nine Months Valley City Misdemeanor Incidents 1,384 Gross Misdemeanor Incidents 1 387 Total 2,771 Valley City percentage: 2,771 divided by 4,991 equals 56% Public Defender County cases 1,895 Total Public Defender cases 2,715 PD County case percentage 1,895 divided by 2,715 equals 70% PD County cases that are from The Valley City area 56% of 1,895 equals 1,061 Percentage of Total PD cases that are from the Valley City area 1,061 divided by 2715 equals 39% Average Percentage of PD Cases Attributable to the Valley City = 39% 21007/007 CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -063 DATE ACTION IS REQUESTED: March 6, 2003 - continued March 13, 2003 TITLE: Prosecution Services TYPE OF ACTION: ATTACHMENTS: Interlocal Agreement No. CO3- COUNCIL PACKET: 11 APPROVED FOR City Manager Dept. Head Attorney Approve As To Form Ordinance Resolution Motion X Other SUBMITTED BY: Interim City Manager STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Authorize execution by the City Manager of Interlocal Agreement No. CO3 -11 with Spokane County for prosecution services. DISCUSSION: This agreement has been in negotiation behveen the City of Spokane Valley staff and Spokane County staff for several weeks. The City Council reviewed the draft agreement during the February 27, 2003 study session. The proposed agreement has been drafted in accordance with the provisions of state RCW 39.34 and provides for the City of Spokane Valley to utilize the Spokane County Prosecuting Attorney for the purpose of prosecuting applicable cases within the corporate boundaries of the City of Spokane Valley. Action on this agreement was delayed from the March 6, 2003 meeting to incorporate language modifications as agreed to by the County and City. ALTERNATIVES: (a) Publish a Request for Qualifications (RFQ) to secure services of a private attorney or firm to perform prosecution services for Spokane Valley; or (b) seek services of another City or County Prosecuting Attorney and negotiate agreement for services. FISCAL IMPACT: SOURCE OF FUNDS: General fund AMOUNT BUDGETED: Budget now in development AMOUNT NEEDED FOR PROJECT: $271,621.50 for the year 2003 plus 578.76 /hour for violations of City misdemeanor zoning and /or animal control ordinances. Return to: Page 1 of 9 Daniela Erickson Spokane Valley Contract Clerk of the Board No. CO3 -11 1116 West Broadway Approved: Spokane, Washington 99260 INTERLOCAL AGREEMENT FOR PROSECUTION SERVICES IN THE CITY OF SPOKANE VALLEY (April 1, 2003 - December 31, 2004) THIS AGREEMENT, made and entered into by and among the Spokane County Prosecuting Attorney, having offices for the transaction of business at 1100 West Mallon, Spokane, Washington 99260, hereinafter referred to as "PROSECUTOR," CUTOR," Spokane County, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "BOARD," together sometimes referred to along with the PROSECUTOR as "COUNTY," and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the "PARTIES." WITNESSETH: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners has the care of County property and the management of County funds and business; and WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established midnight, March 31, 2003, as its official date of incorporation and upon that date will commence operations as a city; and WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area will transfer from Spokane County to the City of Spokane Valley; and WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and WHEREAS, pursuant to the provisions of RCW 39.34.180, the City of Spokane Valley is responsible for the costs incident to prosecution of misdemeanor and. gross misdemeanor offenses that occur within its jurisdiction and that are committed by adults; and WHEREAS, the City of Spokane Valley desires to utilize the services of the Spokane County Prosecuting Attorney for the purpose of prosecuting cases where the initial 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/animal control ordinance punishable as a misdemeanor, all of which occur within the jurisdiction of the City of Spokane Valley and which are forwarded to the Spokane County Prosecutor, hereinafter referred to as "Prosecution Services." NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter and as provided for in the above - referenced recitals, the PARTIES do hereby agree as follows: SECTION NO. 1: PURPOSE The purpose of this Agreement is to reduce to writing the PARTIES' understanding as to the terms and conditions under which PROSECUTOR. will provide "Prosecution Services" on behalf of CiTY. Prosecution Services are defined in Section No. 4 hereinafter. It is the intent of the PARTIES that Prosecution Services to be provided by PROSECUTOR will be consistent with CITY'S Council/Manager form of government provided for in chapter 35A.13 RCW. SECTION NO. 2: DURATION This Agreement shall commence at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one or all of the PARTIES provide notice of termination as further described in Sections No. 5 and 10 of this Agreement. SECTION NO. 3: COST OF SERVICES AND PAYMENTS CITY shall pay COUNTY the actual costs for Prosecution Services provided under this Agreement. The estimated cost for Prosecution Services under this Agreement for 2003 shall be as follows: 1. $248,484 for Prosecution of misdemeanor and gross misdemeanors; 2. $23,137.50 for infractions occurring in CITY; and 3. $78.76 per hour for Prosecution of violations of CITY misdemeanor zoning and /or animal control ordinances. CITY'S estimated cost was arrived at by using those methodologies set forth in Attachment "A," attached hereto and incorporated herein by reference. The PARTIES agree to use those same methodologies contained in Attachment "A" to arrive at the estimated costs for calendar year 2004 Prosecution Services. The PARTIES recognize that the costs will more than likely increase in 2004. For instance, Deputy Prosecuting Attorneys and/or support staff may receive salary adjustments by the BOARD or the maintenance and operation expenses of PROSECUTOR'S office may increase. These increases or potential decreases will be reflected in the figures used in the methodologies for calculating the CITY'S 2004 estimated costs. Additionally, the methodologies will use the Spokane County Geo- Coded Page 2 of 9 Analysis Report ("Report "). This Report tracts the actual number of cases falling within category 1 or 2 herein above. At the end of calendar year 2003 and calendar year 2004, using actual maintenance and operations expenditures ( "M &O ") as well as actual numbers in the Report for each year, COUNTY and CITY will each determine respectively whether or not the estimated M &O numbers and percentage number used as the basis for calculating costs for Item No. 1 and 2 above were accurate. To the extent that CITY was over billed in any year, it will receive a credit to be applied as mutually agreed. If CITY was under billed, it will receive a debit in the subsequent billing. The adjustment will normally take place in March of the year following the year Prosecution Services were performed. For the purpose of this Agreement, the terminology M &O shall have the same meaning as set forth in the BARS manual adopted by the State of Washington under chapter 4188 RCW. COUNTY will bill CITY for the cost of services as outlined, monthly, during the first week of the month. Monthly payments will based by dividing those costs set forth herein above for ltcm No. 1 and 2 by nine (9) and actual costs for Item No. 3. Payments by CITY will be due by the 5 day of the following month. At the sole option of COUNTY, a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. SECTION NO. 4: SERVICES PROVIDED 4.1 Base Services - For the purpose of this Agreement, Prosecutor Services shall include prosecution of violations of state statutes that are 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. PROSECUTOR retains sole prosecutorial discretion in conjunction with providing Prosecutor 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 PROSECUTOR. PROSECUTOR agrees to represent CITY only in contested traffic infractions. PROSECUTOR. also agrees, when requested, to represent CITY with respect to criminal violations of its zoning ordinances and/or animal control ordinances at the hourly rate set forth above. PROVIDED, such representation shall not include challenges to the constitutionality ()laxly zoning ordinance or animal control ordinance. 4.3 Enhanced Services - CITY hereby agrees to pay for Enhanced Prosecution Services separately. Enhanced Prosecution Services include unique circumstances not contemplated by the PARTIES at the time the estimated costs were set for any calendar year, such as enhanced prosecution of a particular crime, mass arrests and/or requests for prosecution of rioters and/or protestors. PROSECTUOR will advise the CITY Manager as soon as possible of the likelihood enhanced prosecution services. CITY will pay PROSECUTOR all actual costs for Enhanced Prosecution Services. PROSECUTOR will keep time records for all such Page 3 of 9 costs. Billings for Enhanced Prosecution Services will occur along with the monthly billing for Base Services in accordance with Section No. 3 hereinabove. CITY agrees to direct its Police Chief to take appropriate action to insure police officers and CiTY staff are available at no cost to PROSECUTOR for all trials or judicial proceedings where PROSECUTOR determines their presence necessary. All misdemeanor, gross misdemeanor, zoning and/or animal control services to be provided by PROSECUTOR 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 PROSECUTOR in courts 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 any and all increased /decreased costs to PROSECUTOR in providing such court services at such additional location(s). CITY further recognizes that a change in working location is a change in "working conditions." PROSECUTOR will need to negotiate changes in working locations with affected bargaining units. PROSECUTOR or his designee agrees to attend staff meetings as requested by the CITY Manager. PROSECUTOR or his designee further agrees to nieet upon request by the CITY Manager or his/her designee to discuss any Prosecution Service provided under the terms of this Agreement. CITY agrees PROSECUTOR will use PROSECUTOR'S stationary in conjunction with providing Prosecution Services under the terms of this Agreement. SECTION NO. 5: NOTICE All notices or other conununication.s 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 nailed by first class delivery, postage prepaid addressed to COUNTY at the address set forth below for such Party, or at such other address as COUNTY shall from time -to -time designate by notice in writing to the other PARTIES: COUNTY: PROSECUTOR: Steven J. Tucker Spokane County Prosecuting Attorney's Office 1100 West Mallon Spokane, Washington 99260 Page 4 of 9 Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 CITY: SECTION NO. 6: REPORTING City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 PROSECUTOR shall provide a mutually acceptable quarterly report to CITY that will contain information relating to Prosecution Services performed during the preceding quarter. PROSECUTOR will make available to CITY upon request copies of any Spokane County Geo- Coded Analysis Report ( "Report "). SECTION NO. 7: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO. 8: ASSIGNMENT No party may assign in whole or part its interest in this Agreement without the written approval of all other PARTIES. Provided, however, CITY agrees that in instances of conflict, PROSECUTOR may appoint special deputies as provided for in RCW 3627.040 at no additional cost to CITY. SECTION NO. 9: DEPUTY PROSECUTOR ASSIGNMENT, RETENTION, DISCIPLINE, AND HIRING. PROSECUTOR shall hire, assign, retain and discipline all employees performing Prosecution Services under this Agreement according to collective bargaining agreements and applicable state and federal laws. PROSECUTOR agrees to meet and confer with CITY with respect to staff that is assigned to provide Prosecution Services. Issues of discipline or performance will be specifically handled according to PROSECUTOR policies. SECTION NO. 10: LIABILITY (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. in the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against CITY, Page 5 of 9 and its officers, agents, and employees, or any of them, or jointly against CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same. (b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly against COUNTY and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, Chapter 51 ROW, respecting the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (d) COUNTY and CiTY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits including for PROSECUTOR deputies professional liability and auto liability coverages. SECTION NO. 11: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of COUNTY shall be deemed to be an employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or representative of CITY shall be deemed to be an employee, agent, servant or representative of COUNTY for any purpose. SECTION NO. 12: MODIFICATION/WITHDRAWAL This Agreement may be modified in writing by mutual written agreement of the PARTIES. Any Party may withdraw from this Agreement upon a minimum of 90 days written notice to the other PARTIES. Upon withdrawal, CITY shall be obligated to pay for only those Prosecution Services rendered prior to the date of withdrawal based upon a pro rata division of those costs set forth in Section No. 3 for items 1 and 2 listed therein. Item 3 shall be based on actual hours for which that service was provided. Page 6 of 9 The withdrawal of CITY from this Agreement or end of the term shall not impose a requirement on PROSECUTOR to provide for the funding or handling of cases addressed by this Agreement that are filed after the effective date of withdrawal or termination. Upon withdrawal or termination, at CITY'S option and at no cost to CITY, PROSECUTOR shall continue to provide services to completion for those cases filed prior to the effective date of the withdrawal. SECTION NO. 13: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in association with CITY cases shall remain with the original owner, unless specifically and mutually agreed by the PARTIES to this Agreement. SECTION NO. 14: ALL WRITINGS CONTAINED HERE1NBINDING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO. 15: DISPUTE RESOLUTION Any dispute among the PARTIES with respect to the methodologies used to calculate the 2004 costs of Prosecution Services under the terns of this Agreement or the Report numbers referenced in Section 3 herein, which cannot be, resolved between/among the applicable PARTIES shall be subject to binding arbitration. The PROSECUTORICOUNTY acting as one party and CITY a party shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and not subject to judicial review. The costs of the arbitration panel shall be jointly split between the PARTIES involved in the arbitration. SECTION NO. 16: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party 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 Page 7 of 9 Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 17: SEVERAJIILITY It is understood and agreed among the PARTIES that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. if it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 18: RECORDS All public records prepared, owned, used or retained by PROSECTUOR in conjunction with providing Prosecution Services under the terms of this Agreement shall be deemed CiTY property and shall be made available to C1TY upon request by the CITY Manager subject to the attorney client and work product privileges set forth in statue, court rule or case law. PROSECUTOR will notify CITY of any public disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the PROSECUTOR'S response thereto. SECTION NO. 19: ASSURANCE COUNTY and PROSECUTOR represent and assure CiTY that no other city or town will receive more favored treatment in receipt of Prosecution Services than that made available to the CITY for similar services. SECTION NO. 20: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: SPOKANE COUNTY PROSECUTING ATTORNEY: Page 8 of 9 STEVEN J. TUCKER DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON ATTEST: VICKY M. DAL TON CLERK OF THE BOARD BY: Attest: Approved as to form only: Acting City Attorney Ii :1Valley City\Draft Conlracis \Prosecutorlprosecution services valley 031003- final.doe Page 9 of 9 JOHN ROSKELLEY, Y, Chair PHILLIP D. HARRIS, Vice -Chair Daniela Erickson, Deputy M. KATE MCCASLfN DATED: CI'T'Y OF SPOKANE VALLEY: By: Its: City Clerk (Title) Spokane County Prosecutor's Methodology for Calculating City of Spokane Valley Prosecution Services When using the cumulative amount over the last three years the anticipated amount of misdemeanor work generated by the new Valley City equals 32.27% of the Spokane County Prosecutor's misdemeanor budget. The general misdemeanor budget does not include the Infraction Budget. Spokane County Total Misdemeanor. Budget for 2003 $ 1,026,687.08 This includes: 8 Misdemeanor Deputies 9.7 Direct support Staff 8 /59'ths Chief Criminal Dep. Allocation of Co. Prosecutor 8 /70'ths of Dept. Admin. Staff Total Salaries and Benefits Page lof 5 $ 510,647.00 $ 340,619.10 $ 14,497.90 $ 5,677.88 $ 21,742.40 $ 893,184.28 Total Misd. M&O + $ 56,421.00 Tot. Indirect Costs@ 8.63% + $ 77,081.80 = $ 1,026,687.08 ATTACHMENT "A" Spokane County Prosecutor Infraction Budget INFRACTIONS S 87,023 INFRACTION BUDGET Spokane County Prosecutor Budget for Infractions % Of Infractions occurring in the new Valley City = 35.45% Total Budget Amount $ 87,023 $ 30,850* *This number represents a 12 month infraction budget. April 1, 2003 through December 31, 2003 would be $23,137.50. Page 2of 5 2000 First 6 months 2001 12 Month AVG. Number of County Infractions cases received from the Sheriff's Office 24,507 12,981 24,992 Valley Infractions from Sheriff 8,750 4,540 8,860 Valley % of All Infractions 35.70% 34.97% 35.45% Spokane County Prosecutor Infraction Budget INFRACTIONS S 87,023 INFRACTION BUDGET Spokane County Prosecutor Budget for Infractions % Of Infractions occurring in the new Valley City = 35.45% Total Budget Amount $ 87,023 $ 30,850* *This number represents a 12 month infraction budget. April 1, 2003 through December 31, 2003 would be $23,137.50. Page 2of 5 Attorney: Cordts $53,053.00 Supervisor: O'Brien $11,857.00 12.50% $ 94,859.00 1/8 Paralegal: Vitale $ 4,462.00 10.00% $ 44,619.00 Administration: $ 4,245.00 1.43% $297,168.00 1/70 M &O $7,053.00 2.08% $338,526.00 1/48 • Indirect Cost @ .0853 $6,353.00 (to salaries & wages) Pagc 3of 5 2003 INFRACTION BUDGET Salaries & Benefits $73,617.00 TOTAL, BUDGET $87,023.00 (Note: Numbers are rounded off.) MISDEMEANOR BUDGET BREAKDOWN CUMULATIVE TOTAL 2000, 2001, 2002 Avg. # of Cases Cum. Totals % Of Total Budget Total Budget Amount 8036 100% 1.,026,687 LESS: Budget for WSP Cases 2666 33.17% 340,552 Other Agencies (Airport, DNR etc.) 532 6.62% 67,967 ** Sheriff. Cases outside New City 2245 27.94% 286,856 ** Sheriff Cases inside New City 2593 32.27% 331,312 * ** ** These numbers are derived from the Spokane County Sheriff's Gco -Coded Analysis Report. The percentage of charges in the Gco -Coded Summary is then applied to the actual cases within our office. * * * This number represents a 12 month misdemeanor budget. April 1, 2003 through December 31, 2003 would be $248,484. Page 4of 5 COSTS FOR PROSECUTION OF CITY MISDEMEANOR ZONING AND /OR ANIMAL CONTROL ORDINANCES Spokane County Civil Dept Valley Charges Hourly rate 2003 Atty2 S3 $29.28 Benefits 6.13 $57,098 $69,045.44 0.209234 Hourly rate salary & benefits 35.41 M &O allocation 1/48 2.08% total M &O $338,526.00 M &O allocation $7,052.63 annual paid hours $1,950.00 3.62 Indirect cost allocation 8.63% 3.06 TOTAL ATTORNEY COST PER HOUR $42.09 Salary Salary + Benefit Benefits Rate Hourly rate 2003 paralegal2 S7 $18.31 Benefits 6.35 $35,706 $48,094 0.346944 Hourly rate salary & benefits Indirect cost allocation TOTAL PARALEGAL COST PER HOUR 24.66 8.63% 2.13 $26.79 ATTORNEY AND PARALEGAL COST PER HOUR S68.88* INC'L M&O AND INDIRECT COST ALLOCATION *This hourly rate may change depending upon the seniority of the Deputy Prosecuting Attorney handling the prosecution. Page Sof 5 03/11/2003 07:22 FAX 509 477 3672 STEVEN J. TUCKER PROSECUTING ATTORNEY Please FA.X to: Ruth Muller, City Clerk FAX. Phone No: (509) 921 -1008 0 Criminal Department PSB-1 1100 W. Mallon Avenue Spokane, WA 99260-0270 (509) 477 -3662 FAX 4713409 0 Civil Department S&T 1115 W. Broadway Spokane. WA 9916n-0270 (509)47.5764 FAX:477-3672 SPOK CO PA CIVIL OM CE OF PROS$CUTLN G ATTORNEY March 11, 2003 From: James P. Emacio Chief Civil Deputy Prosecuting Attorney, Civil Division Spokane County Prosecuting Attorney's Office Telephone No.: (509) 477 -5764 FAX Phone No.: (509) 477 -3672 Re: Final Prosecutor Jnterlocal Agreement Damestic Violence Unit PS0.1 901 td Monroe Suite 200 Spokane, WA 99201 (509) 015 45oo FAX:335-4552 RECEV ED MAR 1 2 City of Spokane Valley Pages 16 ***: a******* ** * **************************** * * * * * * ** * ** * * * * * * * * * * *4'* ** * * * ** **•s * * **0* *'s * *st * +••e• * *• tau• *s ******* .•• s*• s* u***** * * *a *•* *a * *sr• *s *s * *r *is *•a ** ** *tart * **** * * * *s I there are any questions regarding the message sent, please contact Tamara, Civil Department, Prosecuting Attorney's Office 477 -5764. NOTICE: The information contained in this transmission is privileged and confidential. It is intended for the use of the individual or entity named above. If the reader of this message is not the intended addressee, the reader is herby notified that any consideration, dissemination or duplication of this communication is strictly prohibited. If the addressee has received this communication in error, please return to the above address by mail and notify this office immediately by telephone. Thank you. WARNING: Most Fax machines produce copies on thermal paper. The image produced is highly unstable and will deteriorate significantly in a few years. This record should be copied on a plain paper copier prior to filing as a record. 0 Drug /Property Department 1'$ti -1 • 721 N. Jefferson Spokane, WA 99260 -0270 (509) 477 -6416 FAX: 477-6450 (j 001 MALL'ID: Civil DivikiOn MAIL STOP S&T 1116 W. Broadway Avenue Spokane, WA 99260-0270 (509) 477-5764 FAX: 477 -3672 . ❑ Juvenile Departn ent ]S0-L 1208 W. Mallon Avenue Spokane, WA 99260 -0270 (509) 477.6046 FAX: 477 -6444 03/11/2003 07:23 FAX 509 477 3672 SPOK CO PA CIVIL ej 002 Emacio, James To: Iwalton @spokanevalley.org; smcnutt @spokanevalley.org; rmuller @spoknevalley.org; sws@wkdtlaw.com Cc: Tucker, Steve; Kurbitz, Debby; McCaslin, Kate; Parnell, Marshall Subject: Prosecutor Interlocal Lee and Stan: Attached is the final Prosecutor Agreement. R includes the changes which we discussed at Thursdays meeting. I will have a hard copy faxed to Ruth. Jim prosecution pa attachmentdoc services valley 03... 1 03/11/2003 07:23 FAX 509 477 3672 SPOK CO PA CIVII,. @1003 Return to: Daniela Erickson Clerk of the Board 1116 West Broadway Spokane, Washington 99260 IN'TERLOCAL AGREEMENT FOR PROSECUTION SERVICES IN THE CITY OF SPOKANE VALLEY (April 1, 2003- December 31, 2004) THIS AGREEMENT, made and entered into by and among the Spokane County Prosecuting Attorney, having offices for the transaction of business at 1100 West Mallon, Spokane, Washington 99260, hereinafter referred to as "PROSECUTOR," Spokane County, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "BOARD," together sometimes referred to along with the PROSECUTOR as "COUNTY," and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the "PARTIES." WITNESSETH: WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners has the care of County property and the management of County funds and business; and WHEREAS, pursuant to chapter 35,02 RCW, the City of Spokane Valley established midnight, March 31, 2003, as its official date of incorporation and upon that date will commence operations as a city; and WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area will transfer from Spokane County to the City of Spokane Valley; and WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and WHEREAS, pursuant to the provisions of R.CW 39.34.180, the City of Spokane Valley is responsible for the costs incident to prosecution of misdemeanor and gross misdemeanor offenses that occur within its jurisdiction and that are committed by adults; and Page 1 of 9 03/11/2003 07:23 FAX 509 477 3672 WHEREAS, the City of Spokane Valley desires to utilize the services of the Spokane County Prosecuting Attorney for the purpose of prosecuting cases where the initial 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/animal control ordinance punishable as a misdemeanor, all of which occur within the jurisdiction of the City of Spokane Valley and which are forwarded to the Spokane County Prosecutor, hereinafter referred to as "Prosecution Services." NO'W THEREFORE for and in consideration of the mutual promises set forth hereinafter and as provided for in the above- referenced recitals, the PARTIES do hereby agree as follows: SECTION NO. 1: PURPOSE The purpose of this Agreement is to reduce to writing the PARTIES' understanding as to the terms and conditions under which PROSECUTOR will provide "Prosecution Services" on behalf of CITY. Prosecution Services are defmcd in Section No. 4 hereinafter. It is the intent of the PARTIES that Prosecution Services to be provided by PROSECUTOR will be consistent with CITY'S CouncilManager form of government provided for in chapter 35A.13 RCW. SECTION NO. 2: DURATION This Agreement shall commence at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one or all of the PARTIES provide notice of termination as further described in Sections No. 5 and 10 of this Agreement. SECTION NO. 3: COST OF SERVICES AND PAYMENTS SPOK CO PA CIVIL F1004 CITY shall pay COUNTY the actual costs for Prosecution Services provided under this Agreement. The estimated cost for Prosecution Services under this Agreement for 2003 shall be as follows: 1. $248,484 for Prosecution of misdemeanor and gross misdemeanors; 2. $23,137.50 for infractions occurring in CITY; and 3. $78.76 per hour for Prosecution of violations of CITY misdemeanor zoning and/or animal control ordinances. CITY'S estimated cost was arrived at by using those methodologies set forth in Attachment "A," attached hereto and incorporated herein by reference. The PARTIES agree to use those same methodologies contained in Attachment "A" to arrive at the estimated costs for calendar year 2004 Prosecution Services. The PARTIES recognize that the costs will more than likely increase in 2004. For instance, Deputy Prosecuting Attorneys and/or support staff may receive salary adjustments by the BOARD or the maintenance and operation expenses of PROSECUTOR'S office may increase. These increases or potential decreases will be reflected in the figures used in the methodologies for calculating the CITY'S 2004 estimated costs. Additionally, the methodologies will use the Spokane County Geo -Coded Page 2 of 9 03/11/2003 07:24 FAX 509 477 3672 SPOK CO PA CIVIL Analysis Report ( "Report"). This Report tracts the actual number of cases falling within category 1 or 2 herein above. At the end of calendar year 2003 and calendar year 2004, using actual maintenance and operations expenditures ( "M &O ") as well as actual numbers in the Report for each year, COUNTY and CITY will each determine respectively whether or not the estimated M &O numbers and percentage number used as the basis for calculating costs for Item No. 1 and 2 above were accurate. To the extent that CITY was over billed in any year, it will receive a credit to be applied as mutually agreed. If CITY was under billed, it will receive a debit in the subsequent billing. The adjustment will normally take place in March of the year following the year Prosecution Services were performed. For the purpose of this Agreement, the terminology .M &O shall have the same meaning as set forth in the BARS manual adopted by the State of Washington under chapter 43.88 RCW. COUNTY will bill CITY for the cost of services as outlined, monthly, during the first week of the month. Monthly payments will based by dividing those costs set forth herein above for Item No. 1 and 2 by nine (9) and actual costs for item No. 3. Payments by CITY will be due by the 5 day of the following month. At the sole option of COUNTY, a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. SECTION NO. 4: SERVICES PROVIDED 4.1 Base Services - For the purpose of this Agreement, Prosecutor Services shall include prosecution of violations of state statutes that are 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. PROSECUTOR retains sole prosecutorial discretion in conjunction with providing Prosecutor 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 PROSECUTOR. PROSECUTOR agrees to represent CITY only in contested traffic infractions. PROSECUTOR also agrees, when requested, to represent CITY with respect to criminal violations of its zoning ordinances and/or animal control ordinances at the hourly rate set forth above. PROVIDED, such representation shall not include challenges to the constitutionality of any zoning ordinance or animal control ordinance. 4.3 Enhanced Services - CITY hereby agrees to pay for Enhanced Prosecution Services separately. Enhanced Prosecution. Services include unique circumstances not contemplated by the PARTIES at the time the estimated costs were set for any calendar year, such as enhanced prosecution of a particular crime, mass arrests and/or requests for prosecution of rioters and/or protestors. PROSECTUOR will advise the CITY Manager as soon as possible of the likelihood enhanced prosecution services. CITY will pay PROSECUTOR all actual costs for Enhanced Prosecution Services. PROSECUTOR will .keep time records for all such Page 3 of 9 Q005 03/11/2003 07:25 1A_l 509 477 3672 SPOK CO PA CIVIL. EJ006 costs. Billings for Enhanced Prosecution Services will occur along with the monthly billing for Base Services in accordance with Section No. 3 hereinabove. CITY agrees to direct its Police Chief to take appropriate action to insure police officers and CITY staff are available at no cost to PROSECUTOR for all trials or judicial proceedings where PROSECUTOR determines their presence necessary. All misdemeanor, gross misdemeanor, zoning and/or animal control services to be provided by PROSECUTOR 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 PROSECUTOR in courts 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 any and all increased /decreased costs to PROSECUTOR in providing such court services at such additional location(s). CITY further recognizes that a change in working location is a change in "working conditions." PROSECUTOR will need to negotiate changes in working locations with affected bargaining units. PROSECUTOR or his designee agrees to attend staff meetings as requested by the CITY Manager. PROSECUTOR or his designee further agrees to meet upon request by the CITY Manager or his/her designee to discuss any Prosecution Service provided under the terms of this Agreement. CITY agrees PROSECUTOR will use PROSECUTOR'S stationary in conjunction with providing Prosecution Services under the terms of this Agreement. SECTION NO. 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to COUNTY at the address set forth below for such Party, or at such other address as COUNTY shall from time -to -time designate by notice in writing to the other PARTIES: COUNTY: Page 4 of 9 Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 PROSECUTOR: Steven J. Tucker Spokane County Prosecuting Attorney's Office 1100 West Mallon Spokane, Washington 99260 03/11/2003 07:25 FAX 509 477 3672 SPOK CO PA CIVIL CITY SECTION NO. 6: REPORTING City of Spokane Valley City Manager or his /her authorized representative Redwood Plan 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 PROSECUTOR shall provide a mutually acceptable quarterly report to CITY that will contain information relating to Prosecution Services performed during the preceding quarter. PROSECUTOR will make available to crry upon request copies of any Spokane County Geo- Coded Analysis Report ( "Report"). SECTION NO. 7: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO. 8: ASSIGNMENT J007 No party may assign in whole or part its interest in this Agreement without the written approval of all other PARTIES. Provided, however, CITY agrees that in instances of conflict, PROSECUTOR may appoint special deputies as provided for in RCW 36.27.040 at no additional cost to CITY. SECTION NO. 9: DEPUTY PROSECUTOR ASSIGNMENT, RETENTION, DISCIPLINE, AND HIRING. PROSECUTOR shall hire, assign, retain and discipline all employees performing Prosecution Services under this Agreement according to collective bargaining agreements and applicable state and federal laws. PROSECUTOR agrees to meet and confer with C1TY with respect to staff that is assigned to provide Prosecution Services. issues of discipline or performance will be specifically handled according to PROSECUTOR policies. SECTION NO. 10: LIABILITY (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against C1TY, COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against CITY, Page 5 of 9 03/11/2003 07:25 FAX 509 477 3672 SPOK CO PA CIVIL Zeus and its officers, agents, and employees, or any of them, or jointly against CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same. (b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly against COUNTY and Ctl'Y and their respective officers, agents, and employees, CITY shall satisfy the same. (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indcmnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than S5,000,000 per occurrence with $5,000,000 aggregate limits including for PROSECUTOR deputies professional liability and auto liability coverages. SECTION NO. 11: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of COUNTY shall be deemed to be an employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or representative of CITY shall be deemed to be an employee, agent, servant or representative of COUNTY for any purpose. SECTION NO. 12: MODIFICATION/WITHDRAWAL This Agreement may be modified in writing by mutual written agreement of the PARTIES. Any Party may withdraw from this Agreement upon a minimum of 90 days written notice to the other PARTIES. Upon withdrawal, CITY shall be obligated to pay for only those Prosecution Services rendered prior to the date of withdrawal based upon a pro rata division of those costs set forth in Section No. 3 for items 1 and 2 listed therein. Item 3 shall be based on actual hours for which that service was provided. Page 6 of 9 03/11/2003 07:26 FAX 503 477 3672 SPOK CO PA CIVIL This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO. 15: DISPUTE RESOLUTION SECTION NO. 16: VENUE STIPULATION Page 7 of 9 2009 The withdrawal of CITY from this Agreement or end of the term shall not impose a requirement on PROSECUTOR to provide for the funding or handling of cases addressed by this Agreement that are filed after the effective date of withdrawal or termination. Upon withdrawal or termination, at CITY'S option and at no cost to CITY, PROSECUTOR shall continue to provide services to completion for those cases filed prior to the effective date of the withdrawal. SECTION NO. 13: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in association with CITY cases shall remain with the original owner, unless specifically and mutually agreed by the PARTIES to this Agreement. SECTION NO. :14: ALL WRITINGS CONTAINED HEREIN/BINDING 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. Any dispute among the PARTIES with respect to the methodologies used to calculate the 2004 costs of Prosecution Services under the terms of this Agreement or the Report numbers referenced in Section 3 herein, which cannot be, resolved between/among the applicable PARTIES shall be subject to binding arbitration. The PROSECUTOR/COUNTY acting as one party and CITY a party shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and not subject to judicial review. The costs of the arbitration panel shall he jointly split between the PARTIES involved in the arbitration. 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 03/11/2003 07:26 FAX 509 477 3672 SPOK CO PA CIVIL Q010 Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 17: SEVERABILITY It is understood and agreed among the PARTIES that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, teen or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 18: RECORDS • All public records prepared, owned, used or retained by PROSECTUOR in conjunction with providing Prosecution Services under the terms of this Agreement shall be deemed CITY property and shall be made available to CITY upon request by the CITY Manager subject to the attomey client and work product privileges set forth in statue, court rule or case law. PROSECUTOR will notify CITY of any public disclosure request .under chapter 42.17 RCW for copies or viewing of such records as well as the PROSECUTOR'S response thereto. SECTION NO. 19: ASSURANCE COUNTY and PROSECUTOR represent and assure CITY that no other city or town will receive more favored treatment in receipt of Prosecution Services than that made available to the CITY for similar services. SECTION NO. 20: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. IN WITNESS WF1rEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: SPOKANE COUNTY PROSECUTING ATTORNEY: Page 8 of 9 STEVEN J. TUCKER 03/1„1 /2003 07:27 FAX 509 477 3672 SI'OK CO PA CIVIL DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON ATTEST: VICKY M. DALTON CLERK OF THE BOARD BY: Danieia Erickson, Deputy DATED: Attest: Approved as to form only: Acting City Attorney ItWolIcy City0rsft GsntractB\PrasecutoAiprosecutian services valley 031003-finnLdac Page 9 of 9 JOHN ROSKEI.T.EY, Chair PHILLIP D. HARRIS, Vice - Chair M. KATE MCCASLI.N CITY OF SPOKANE VALLEY: By Its: City Clerk (Title) 03/11/2003 07:27 FAX 509 477 3672 SPOK CO PA CIVIL 0012 Spokane County Prosecutor's Methodology for Calculating City of Spokane Valley Prosecution Services When using the cumulative amount over the last three years the anticipated amount of misdemeanor work generated by the new Valley City equals 32.27% of the Spokane County Prosecutor's misdemeanor budget. The general misdemeanor budget does not include the Infraction Budget. Spokane County Total Misdemeanor Budget for 2003 S 1 This includes: 8 Misdemeanor. Deputies 9.7 Direct support Staff 8 /59'ths Chief Criminal Dep. Allocation of Co. Prosecutor 8 /70'ths of Dept. Admin. Staff Total Salaries and Benefits Page lof 5 $ 510,647.00 $ 340,619.10 $ 14,497.90 $ 5,677.88 $ 21,742.40 $ 893,184.28 Total Misd. M &O + $ 56,421.00 Tot. lndirect Costs@ 8.63% + $ 77,081.80 = $ 1,026,687.08 ATTACHMENT "A" 03/11/2003 07:27 FAX 509 477 3672 SPOK CO PA CLVTL. 0 013 Spokane County Prosecutor Infraction Budget INFRACTIONS $ 87,023 INFRACTION BUDGET Spokane County Prosecutor Budget for Infractions % Of Infractions occurring in the new Valley City = 35.45% Total Budget Amount $ 87,023 $ 30,850* *This number represents a 12 month infraction budget. April 1, 2003 through December 31, 2003 would be $23,137.50. Page 2of 5 2000 First 6 months 2001 12 Month AVG. Number of County Infractions cases received from the Sheriffs Office 24,507 12,981 24,992 Valley Infractions from Sheriff 8,750 4,540 8,860 V alley % of All Infractions 35.70% 34.97% 35.45% 03/11/2003 07:27 FAX 509 477 3672 SPOK CO PA CLVTL. 0 013 Spokane County Prosecutor Infraction Budget INFRACTIONS $ 87,023 INFRACTION BUDGET Spokane County Prosecutor Budget for Infractions % Of Infractions occurring in the new Valley City = 35.45% Total Budget Amount $ 87,023 $ 30,850* *This number represents a 12 month infraction budget. April 1, 2003 through December 31, 2003 would be $23,137.50. Page 2of 5 03/11/2003 07:28 KA_X 509 477 3672 SPOK CO PA CIVIL 0,14 2003 INFRACTION BUDGET Attorney: Cordts $53,053.00 Supervisor: O'Brien $11,857.00 12.50% S 94,859.00 1/8 Paralegal: Vitale $ 4,462.00 10.00% S 44,619.00 Adrninistration: $ 4,245.00 1.43% S297,168.00 1/70 Salaries & Benefits $73,617.00 M &O $7,053.00 2.08% $338,526.00 1/48 Indirect Cost @ .0853 $6,353.00 (to salaries & wages) TOTAL BUDGET $87,023.00 (Note: Numbers are rounded off.) Page 3of 5 MISDEMEANOR BUDGET BREAKDOWN CUMULATIVE TOTAL 2000 2001, 2002 Avg. # of Cases Cum. Totals % Of Total Budget 100% Total Budget Amount 1,026,687 8036 LESS: Budget for WSP Cases 2666 33.17% 340,552 Other Agencies (Airport, DNR etc.) 532 6.62% 67,967 ** Sheriff Cases outside New Ci. 2245 27.94% 286,856 e i Sheriff Cases inside New City 2593 32.27% 331,312••« 03/11/2003 07:28 FAX 509 477 3872 SPOK CO PA CIVIL ** These numbers are derived from the Spokane County Sheriff's Geo -Coded Analysis Report. The percentage of charges in the Gco -Coded Summary is then applied to the actual cases within our office. * ** This number represents a 12 month misdemeanor budget. April 1, 2003 through December 31, 2003 would be $248,484. e015 03/11/2003 07:28 FAX 509 477 3672 SPOK CO PA CIVIL 0 016 COSTS FOR PROSECUTION OF CITY MISDEMEANOR ZONING AND /OR ANIMAL CONTROL ORDINANCES Spokane County Civil Dept Valley Charges Hourly rate 2003 Benefits Hourly rate salary & benefits M &O allocation total M &O M &O allocation annual paid hours Indirect cost allocation Atty2 S3 1/48 TOTAL ATTORNEY COST PER HOUR Hourly rate 2003 Benefits Page 5of 5 paralegal2 Hourly rate salary & benefits Tndirect cost allocation TOTAL PARALEGAL COST PER HOUR 2.08% $338,526.00 $7,052.63 $1,950.00 35.41 3.62 8.63% 3.06 ATTORNEY AND PARALEGAL COST PER HOUR $68.88 * INC'L M &O AND INDIRECT COST ALLOCATION Salary Salary + Benefit Benefits Rate $29.28 6.13 $57,098 S69,045.44 0.209234 542.09 S7 $18.31 6.35 $35,706 $48,094 0.346944 24.66 8.63% 2.13 $26.79 *This hourly rate may change depending upon the seniority of the Deputy Prosecuting Attorney handling the prosecution. CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. - 2003 -065 DATE ACTION ] TITLE: Jury Management TYPE OF ACTION: REQUESTED: services March 6, 2003 - continued March 13, 2003 Ordinance APPROVED FOR COUNCJL PACKET: City Manager Dept. Head Attorney Approve As To Form ATTACHMENTS: Resolution Interlocal agreement No. CO3- 13 Motion X Other SUBMITTED BY: Interim City Manager STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Authorize execution by the City Manager of Interlocal Agreement No. CO3 -13 with Spokane County for provision of jury management services. DISCUSSION: This agreement has been in negotiation between the City of Spokane Valley staff and Spokane County staff for several weeks. The City Council reviewed the draft agreement during the February 27, 2003 study session. The proposed agreement has been drafted in accordance with the provisions of state RCW 39.34 and provides for the City of Spokane Valley to utilize the services of the Spokane County Superior Court for jury management services within the corporate boundaries of the City of Spokane Valley. Action on this agreement was delayed from the March 6, 2003 meeting to incorporate language modifications as agreed to by the County and City. ALTERNATIVES: Establish a City municipal court and utilize City staff to perform all functions relating to jury trials. FISCAL IMPACT: Unknown; Spokane Valley responsible for payment of all costs associated with jury trials. Return to: Daniela Erickson Spokane Valley Contract Clerk of the Board No. CO3 -13 1116 West Broadway Approved: Spokane, Washington 99260 INTERLOCAL AGREEMENT FOR COSTS INCIDENT TO JURY MANAGEMENT SERVICES IN THE CITY OF SPOKANE VALLEY (April 1, 2003- December 31, 2004) THIS AGREEMENT, made and entered into by and among Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway, Spokane, Washington 99260, hereinafter referred to as "COUNTY," 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" and Spokane County Superior Court, having offices for the transaction of business at 1116 West Broadway, Spokane, Washington 99260, hereinafter referred to as the "COURT," jointly hereinafter referred to as the "PARTIES." W I T NESSETH: 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 WIIEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established midnight, March 31, 2003, as its official date of incorporation and upon that date conunenced operations as a city; and WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area transfers from Spokane County to City of Spokane Valley; and WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and Page 1 of 7 WHEREAS, Spokane County Superior Court maintains a Jury Management System; and WHEREAS, the City of Spokane Valley will operate a Municipal Court in calendar year 2003 and 2004 and is desirous of using Spokane County Superior Court's Jury Management System ( "System "); and WHEREAS, in conjunction with the City of Spokane Valley's use of the System, the City of Spokane Valley agrees to pay its fair share proportionate percentage of the administrative costs for such System, to include (1) personnel, computer equipment/printer and supply costs; (2) printing and postage costs; and (3) State Industrial Insurance costs. The City of Spokane Valley also agrees to pay juror fees and mileage on a weekly basis, and parking costs on a quarterly basis for cases attributable to CITY. 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 COURT will provide Jury Management System ( "System ") services to the CITY. For the purpose of this Agreement System is described as summoning, qualifying, organizing, tracking, providing and compensating jury panels for CITY'S Municipal Court. SECTION NO. 2: DURATION This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one or all of the PARTIES give notice of termination as provided for in Section No. 5 and Section No. 10 of this Agreement. SECTION NO. 3: COST OF SERVICES AND PAYMENTS CITY shall pay COUNTY the actual costs for its use of the system in 2003 and 2004 as outlined below. A. Reimbursement. Costs of the System shall be comprised of two components, namely costs for each jury panel requested and administrative costs for management of the System. Costs for each jury panel requested shall be the actual costs to include jury fee, mileage and all other costs directly attributable to the specific jury requested. These costs shall be the responsibility of CITY once a jury is requested regardless of whether it is ever empanelled. Administrative costs of the System shall include all costs incurred by COURT in operating/providing the System for any calendar year to include: Item (1) personnel, computer equipment/printer and supply costs; Item (2) printing and postage costs; and Item (3) State Industrial Insurance costs. Personnel costs will include (i) all cost of living (COLA) adjustments as authorized by COUNTY for persons proving the System and/or (ii) salary increases. Any increase in any administrative costs will be reflected in the current years costs. Page 2 of 7 CITY'S share of the administrative costs under item (1) above will be calculated by taking the total costs for item (1) for any calendar year and dividing it by the total number of jury panels requested in Superior, District or Municipal Court by all users of the System. This will provide a per jury panel administrative costs for Item (I). CITY will then pay this per jury administrative costs for Item (1) for each jury panel it has requested. CITY'S share of the administrative costs under item (2) shall be determined by using the percentage of juror days served by Superior, District, and Municipal Courts in any calendar year. CITY shall pay its proportionate share of such cost based on the number of juries requested. For the purpose of this Agreement the terminology "requested" shall mean Spokane County District/Municipal Court contacting the Spokane Superior Court Administrator's Office and alerting the Jury Coordinator that it needs a panel of jurors for a scheduled CiTY jury trial. In circumstances where a CITY jury panel has been requested and the jurors have been notified, the CITY will not be billed for the jury if the case is subsequently settled /resolved so long as (i) the Spokane County District/Municipal Court timely advises the Superior Court Administrator's Office and (ii) the Superior Court Administrator's Office is able to call off the jurors or the jurors can be used for an alternate CITY jury trial or for a jury trial requested by another public body which contracts with the COURT for Services. CiTY'S share of the administrative costs under Item (3) above shall be determined by taking the per hour juror rate which COURT pays for State Industrial Insurance and multiplying it by the total number of juror hours for persons who served as jurors for CITY. 13. Paxment. COUNTY will invoice CITY for its actual use of the System on or before January 15' of 2004 and 2005 for the use of the System attributable to CITY cases in the preceding year. Payment by CITY will be due thirty (30) days after receipt of COUNTY invoice. At the sole option of COUNTY, a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. SECTION NO. 4: SERVICES PROVIDED COUNTY, through COURT, shall operate and provide the System to CITY. The System is generally described as summoning, qualifying, organizing, tracking, providing and compensating, jury panels for CITY'S Municipal Court. SECTION NO. 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by f rst class delivery, postage prepaid addressed to PARTIES at the address set forth below, or at such other address as the PARTIES shall from time -to -tune designate by notice in writing to the other PARTIES: Page 3 of 7 COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 COURT: Spokane Superior Court Presiding Judge Spokane County Superior Court 1116 West Broadway Avenue Spokane, Washington 99260 Spokane District Court Presiding Judge Spokane County District Court 1100 West Mallon 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 SECTION NO. 6: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO. 7: ASSIGNMENT No Party may assign, in whole or in part, its interest in this Agreement without the approval of all other PARTIES. SECTION NO. 8: LIABILITY (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY/COURT or their respective officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same. b) CITY shall indemnify and hold harmless COUNTY/COURT and their officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or Page 4 of 7 omission of CITY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY /COURT, CITY shall defend the same at its sole cost and expense; provided that COUNTY /COURT reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against COUNTY /COURT, and their officers, agents, and employees, or any of them, or jointly against COUNTY /COURT and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, Chapter 51 RC W, respecting the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits including auto liability coverage. SECTION NO. 9: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of COUNTY /COURT shall be deemed to be an employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or representative of CITY shall be deemed to be an employee, agent, servant or representative of COUNTY /COURT for any purpose. SECTION NO. 10: MODIFICATION, WITHDRAWAL, AND TERMINATION This Agreement may be modified in writing by mutual agreement of the PARTIES. Any Party may withdraw from this Agreement upon a minimum of 90 days written notice to the other PARTIES of intent to withdraw. Any Party may terminate this Agreement upon a breach by the another Party, provided the Party seeking to terminate the Agreement shall provide at least 30 days written notice and an opportunity to cure to the breaching Party. Upon withdrawal or termination, CITY shall be obligated to pay for only those System services rendered prior to the date of withdrawal or termination. The withdrawal of CITY from this Agreement shall not impose a requirement on COUNTY /COURT to provide for the funding or handling of System services for jury requests made after the effective date of withdrawal. Upon withdrawal or termination, at CITY'S option, COUNTY /COURT shall continue to provide services to completion for juries requested prior to the effective date of the withdrawal or termination. Page 5 of 7 SECTION NO. 11: PROPERTY AND EQUIPMENT IPMENT The ownership of all property and equipment utilized by any Party to meet its obligations under the terms of this Agreement shall remain with such Party. SECTION NO. 1.2: 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 lave, 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. 1.3: SEVERAHILITY It is understood and agreed among the PARTIES that if any parts, terms 01 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 PA.RTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, te. rn 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 inay be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision_ SECTION NO. 14: 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. 15: ASSURANCE COUNTY and CUR T represent and assure CITY that no other city or town will receive more favored treatment in receipt of Services than that made available to the CITY for similar services, SECTION NO. 16: ALL WRITINGS CONTAINED HEREIN /BINDING 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. Page 6 of 7 IN 4'ITNES S WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: By: DATED: ATTEST; PICKY M. DALTON CLERK OF THE BOARD By: Daniels Erickson, Deputy M. KATE MCCASL1N DATED: CITY OF SPOKANT5 VALLEY Attest: By: Its: City Clerk (Title) Approved as to form only: Acting City Attorney E alley Cirq�DIM{ Coati a sUury MaagcmcrOury num gn,cnlvalley 02203- finul,dvc Page 7 of 7 SPOKANE COUNTY SUPERIOR COURT; Its: .BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON JOI-IN ROSKELLEY, Chair P1- IILLIP D. HARMS, Vice-Chair 03/12/2003 08:07 FAX 509 477 3672 STEVEN 1. TUCKER PROSECUTI. tG Arrol HEY Please FAX to: Ruth Muller, City Clerk FAX Phone No: (509) 921 -1008 ❑ Criminal Department PSB -1 1100 W. Mahn Avenue Spokane, WA 99260 -0270 (509) 477 -3662 FAX; 477-3409 0 Civil Department S&T 1115 W. Broadway Spokane, WA 99260-0270 (509)477-5764 FAX 477 -3672 SPOK CO PA CIVIL OFFICE OF I'RO5ECU11NG ATTORNEY March 12, 2003 From: James P. Elnacio Chief Civil Deputy Prosecuting Attorney, Civil Division Spokane County Prosecuting Attorney's Office Telephone No.: (509) 477 -5764 FAX Phone No.: (509) 477 -3672 0 • Domestic Vlolcnce Unit PSB -1 901 N Munroe„ Suite 200 Spokane, WA 99201 (509) 8354500 FAX 833 -1352 Pages 9 0 Drug/Property Department PSB 721 N. Jefferson Spokane, WA 99260-0270 (509)4771416 FAX; 477-645 MAIL TO: Civil Division MAIL STOP S&T 1116 W. Broadway Avenue Spokane, WA 99260-0270 (509) 477-5764 FAX: 477 -3672 Re: Interlocal Agreements Costs Incident to Jury Management Services (i001 /009 RECEIVED MAR 1 t i:J City of Spokane Valley ************* * * * * * * *** ******* ** * * * ****** ****************************************** * * * * * * * * ** * * * * * * * * * * * * * * ** * * * ** •*** * ** * * * * *'* /* **#*T MPi9*******s•* s.** ******-******#***** * *** ** * * ******* * * ** * * *** *** * * ** *GYM * *** If there arc any questions regarding the message sent, please contact Tamara, Civil Department, Prosecuting Attorney's Office, 477 - 5764. NOTICE: The information contllined in this transmission is privileged and confidential. It is intended for the use of the individual or entity named above. if the reader of this message is not the intended addressee, the reader is hereby notified that any consideration, dissemination or duplication of this communication is strictly prohibited. If the addressee has received this communication in error, please return to the above address by mail and notify this offiee immediately by telephone. Thank you. WARNING: Most Fax machines produce copies on thermal paper. The image produced is highly unstable and will deteriorate significantly in a few years. This record should be copied on a plain paper copier prior to filing as a record. 0 Juvenile Department PS8-1 1208 W. Mallon Avenue Spokane WA 99260.0270 (509) 477.6056 FAX: 477.6444 03/12/2003 08:08 FAX 509 477 3672 Emacio, James To: Iwalton @spokanevalley.org; smcnutt@spokanevalley.org; rmuller @spokanevalley.org; sms @wkdtlaw.com Cc: Hardy, Dave; Famell, Marshall Subject: Jury Management Services Lee and Stan: Attached is the revised Jury Management Interlocal. I have modified the "liability' section from what was in the earlier version to be consistent with the other Interlocal agreements. I have added the "standard" assurance provision. I have also inserted a definition of "requested" in Section No 3 (A) as well as made the minor changes to Section No 3 (B) which Stan requested. I will have a hard copy faxed to Ruth. Hopefully this is a the final document. Jim jury managment valley 031203 -d... SPOK CO PA CIVIL $j002/009 1 03/12/2003 as:os FAX t3as 477 3672 Return tn.: Minion Erickson Clerk of the Board 111 West Broadway Spokane, Washington 99260 , 1NTERLO AL AGREEMENT FOR COSTS INCIDENT TO JURY MANAGEMENT SERVICES 1N THE CITY OF SPOKANE VALLEY (April 1 UM-December 31, 2004) THIS AGREEMENT, made and entered into by and among Spokane County, a political subdivision of the Mate of Washington, having offices for the transaction of business at 1116 West Broadway, Spore, Washington 99260, hereinafter referred to as "COUNTY," 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" and Spokane County Superior Court, having ofiiccs for the transaction of business at 1116 West Broadway, Spokane, Washington 99260, hereinafter referred to as the "COURT," jointly hereinafter referred to as the "PARTIES." Page 1 of 7 sPOiT CO PA CTV]].. w'ITNFSSETH: 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, pursuant to chapter 35.02 RCW, the City of Spokane Valley established midnight, March 31, 2003, as its official date of incorporation and upon that date commenced operations as a city; and WHEREAS, AS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local govcmmental authority and jurisdiction with respect to the newly incorporated area transfers from Spokane County to City of Spokane Valley; and WHEREAS, AS, chapter 39.34 RCW (7nterlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and WHEREAS, Spokane County Superior Court maintains a Jury Management System; and Lo03 /005 03/12/2003 08:08 FAX 509 477 3672 SPOK CO PA CIVIL Q,_J004 /009 CITY'S share of the administrative costs under Item (1) above will be calculated by taking the total costs for Item (1) for any calendar year and dividing it by the total number of jury panels requested in Superior, District or Municipal Court by all users of the System. This will provide a per jury panel administrative costs for Item (1). CITY will then pay this per jury administrative costs for Item (1) for each jury panel it has requested. CITY'S share of the administrative costs under Item (2) shall be determined by using the percentage of juror days served by Superior, District, and Municipal Courts in any calendar year. CITY shall pay its proportionate share of such cost based on the number of juries requested. For the purpose of this Agreement the terminology "requested" shall mean Spokane County District/Municipal Court contacting the Spokane Superior Court Administrator's Office and alerting the Jury Coordinator that it needs a panel of jurors for a scheduled CITY jury trial. In circumstances where a CITY jury panel has been requested and the jurors have been notified, the CITY will not be billed for the jury if the case is subsequently settled/resolved so long as (i) the Spokane County District/Municipal Court timely advises the Superior Court Administrator's Office and (ii) the Superior. Court Administrator's Office is able to call off the jurors or the jurors can be used for an alternate CITY jury trial or for a jury trial requested by another public body which contracts with the COURT for Services. CITY'S share of the administrative costs under Item (3) above shall be determined by taking the per hour juror rate which COURT pays for State Industrial Insurance and multiplying it by the total number of juror hours for persons who served as jurors for CITY. B. Pavment. COUNTY will invoice CITY for its actual use of the System on or before January 15`� of 2004 and 2005 for the use of the System attributable to CITY cases in the preceding year. Payment by CITY will he due thirty (30) days after receipt of COUNTY invoice. At the sole option of COUNTY, a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's investment Pool. SECTION NO. 4: SERVICES PROVIDED COUNTY, through COURT, shall operate and provide the System to CITY. The System is generally described as summoning, qualifying, organizing, tracking, providing and compensating, jury panels for CITY'S Municipal Court. SECTION NO. 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery, or (ii) the third day following the day on which the same have been mailed by first class delivery, 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: Page 3 of 7 03/12/2003 08:09 FAX 509 477 3672 SPOK CO PA CIVIL Q005 /009 COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 COURT: Spokane Superior Court Presiding Judge Spokane County Superior Court 1116 West Broadway Avenue Spokane, Washington 99260 Spokane District Court Presiding Judge Spokane County District Court 1100 West Mallon 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 SECTION NO. 6: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO. 7: ASSIGNMENT No Party may assign, in whole or in part, its interest in this Agreement without the approval of all other PARTIES. SECTION NO. 8: LIABILITY (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY /COURT or their respective officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same. b) CITY shall indemnify and hold harmless COUNTY /COURT and their officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or Page4of7 03/12/2003 08:09 FAX 509 477 3672 SPOK CO PA CIVIL 0006/009 omission of CITY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY /COURT, CITY shall defend the same at its sole cost and expense; provided that COUNTY /COURT reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against COUNTY /COURT, and their officers, agents, and employees, or any of them, or jointly against COUNTY /COURT and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial insurance Act, Chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits including auto liability coverage. SECTION NO 9: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of COUNTY /COURT shall be deemed to be an employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or representative of CITY shall be deemed to be an employee, agent, servant or representative of COUNTY /COURT for any purpose. SECTION NO. 10: MODIFICATION, WITHDRAWAL, AND TERMINATION This Agreement may be modified in writing by mutual agreement of the PARTIES. Any Party may withdraw from this Agreement upon a minimum of 90 days written notice to the other PARTJES of intent to withdraw. Any Party may terminate this Agreement upon a breach by the another Party, provided the Party seeking to terrinate the Agreement shall provide at least 30 days written notice and an opportunity to cure to the breaching Party. Upon withdrawal or termination, CITY shall be obligated to pay for only those System services rendered prior to the date of withdrawal or termination. The withdrawal of CITY from this Agreement shall not impose a requirement on COUNTY /COURT to provide for the funding or handling of System services for jury requests made after the effective date of withdrawal. Upon withdrawal or termination, at CITY'S option, COUNTY /COURT shall continue to provide services to completion for juries requested prior to the effective date of the withdrawal or termination. Page 5 of 7 03/12/2003 08:10 FAX 509 477 3672 SPOK CO PA CIVIL Q007/009 SECTION NO. 11: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized by any Party to meet its obligations under the terms of this Agreement shall remain with such Party. 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: SEVERABIT..ITY It is understood and agreed among the PAR1IrS 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. 14: 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. 15: ASSURANCE COUNTY and COURT represent and assure CITY that no other city or town will receive more favored treatment in receipt of Services than that made available to the CITY for similar services. SECTION NO. 16: ALL WRITINGS CONTAINED HEREIN /BINDING E1FECT 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. Page 6of7 03/12/2003 08:10 FAX 509 477 3672 IN WITNESS WHEREOF, the PARTIFS have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: By: DATED: AI'I VICKY M. DALTON CLERK OF THE BOARD By: Daniela Erickson, Deputy DATED: Attest: Approved as to form only: Acting City Attorney 6:1Valley CitylDreit ContractsVury Mangemzr qury managmcnt valley 022603 -fin l.doc Page 7 of 7 SPOK CO PA CIVIL Q008/009 SPOKANE COUNTY SUPERIOR COURT: Its: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON JOHN ROSKELLEY, Chair PHILLIP D. HARRIS, Vice -Chair M. KATE MCCASLIN CITY OF SPOKANE VALLEY By: Its: City Clerk (Title) 03/12/2003 08:11 FAX 509 477 3672 SPOK CO PA CIVIL 0009/009 WHEREAS, the City of Spokane Valley will operate a Municipal Court in calendar year 2003 and 2004 and is desirous of using Spokane County Superior Court's Jury Management System ( "System "); and WEIEREAS, in conjunction with the City of Spokane Valley's use of the System, the City of Spokane Valley agrees to pay its fair share proportionate percentage of the administrative costs for such System, to include (1) personnel, computer equipment/printer and supply costs; (2) printing and postage costs; and (3) State Industrial Insurance costs. The City of Spokane Valley also agrees to pay juror fees and mileage on a weekly basis, and parking costs on a quarterly basis for cases attributable to CITY. 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 COURT will provide Jury Management System ( "System ") services to the CITY. For the purpose of this Agreement System is described as summoning, qualifying, organizing, tracking, providing and compensating jury panels for CITY'S Municipal Court. SECTION NO. 2: DURATION This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M. December 31, 2004, unless one or all of the PARTIES give notice of termination as provided for in Section No. 5 and Section No. 10 of this Agreement. SECTION NO. 3: COST OF SERVICES AND PAYMENTS CITY shall pay COUNTY the actual costs for its use of the system in 2003 and 2004 as outlined below. A. Reimbursement. Costs of the System shall be comprised of two components, namely costs for each jury panel requested and administrative costs for management of the System. Costs for each jury panel requested shall be the actual costs to include jury fee, mileage and all other costs directly attributable to the specific jury requested. These costs shall be the responsibility of CITY once a jury is requested regardless of whether it is ever empanelled. Administrative costs of. the System shall include all costs incurred by COURT in operating/providing the System for any calendar year to include: Item (1) personnel, computer equipment/printer and supply costs; Item (2) printing and postage costs; and Item (3) State Industrial Insurance costs. Personnel costs will include (i) all cost of living (COLA) adjustments as authorized by COUNTY for persons proving the System and/or (ii) salary increases. Any increase in any administrative costs will be reflected in the current years costs. Page 2 of 7