HomeMy WebLinkAbout000981 Original Contract City of Port Angeles
Record # 000981
INTERLOCAL AGREEMENT BETWEEN
CLALLAM COUNTY
AND
THE CITY OF PORT ANGELES
REGARDING CRIMINAL JUSTICE SERVICES
Preamble: This Agreement is made and entered into effective January 1, 2016, by and between
Clallam County, (County) a political subdivision, and the City of Port Angeles, a code city,
(City) both entities duly organized and operating under and by virtue of the laws of the State of
Washington. The County and the City collectively may be referred to as the "Parties."
In April 2015 the Parties mutually adopted the following goal statement:
Clallam County and the City of Port Angeles shall work collaboratively to provide criminal
justice that results in a real benefit.for all citizens of Clallam County—those within the City and
those in the unincorporated areas - through the.following:
• Cost containment and predictability;
• Operating efficiencies;
• Prosecutorial continuity; and
• Reduction in governmental duplication.
This Agreement is made for the purpose of effectuating, implementing, and achieving those
goals.
Now, therefore, in consideration of the terms, conditions, covenants stated herein and the
performance to be rendered hereunder, the Parties agree as follows:
Section 1. Purpose: The City desires to contract with the County by way of Interlocal
Cooperative Agreement pursuant to RCW 39.34.180 for the provision of Criminal Justice
Services for the City. For purposes of this Agreement, Criminal Justice Services means and
includes all work, functions, duties, prosecution, adjudication, indigent defense, sentencing, and
incarceration services for City Misdemeanants. In this Agreement, City Misdemeanants means
all adults who commit misdemeanor and gross misdemeanor offenses, and traffic infractions in
the City of Port Angeles and are booked into jail and or are referred for prosecution by the City
of Port Angeles Police Department. Criminal Justice Services also means and includes all the
responsibilities and tasks commonly performed by the City Prosecuting Attorney's Office to the
extent those responsibilities and tasks are currently done in the County Prosecuting Attorney's
Office for County Misdemeanants. Nothing in this Agreement is intended to affect or alter the
functions and operations of the City of Port Angeles Police Department.
Section 2. Authority: This agreement is based upon the authority of Chapter 308 laws of 1996,
presently codified as RCW 39.34.180, which provides in relevant part as follows:
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Each county, city, and town is responsible for the prosecution,
adjudication, sentencing, and incarceration of misdemeanor and
gross misdemeanor offenses committed by adults in their
respective jurisdictions, and referred from their respective, law
enforcement agencies, whether filed under state law or local city
ordinance, and must carry out these responsibilities through the use
of their own courts, staff, and facilities, or by entering into
contracts or interlocal agreements under this chapter to provide
these services.
Section 3. County to Provide Criminal Justice Services for the City:
The County shall:
A. Furnish its facilities and personnel for prosecuting, adjudicating, sentencing, and
incarcerating those adults committing criminal misdemeanors and gross misdemeanors and,
subject to paragraphs H and J below, all individuals committing infractions in the City of
Port Angeles referred for prosecution by the Port Angeles Police Department in the same
manner and to the same extent as the County furnishes facilities and personnel for
prosecuting, adjudicating, sentencing, and incarcerating those adults committing
misdemeanors and gross misdemeanors referred for prosecution by the Clallam County
Sheriff's Department. The work, functions, duties, and responsibilities include, but are not
limited to, provision and management of diversion services, prosecution, court services,
indigent defense,prisoner confinement, appeals, and record keeping.
B. Maintain adequate staff and budget to fully and competently perform all the services, duties,
and obligations undertaken by the County in this Agreement for the duration of the
Agreement. Such services, duties, and obligations include, but are not limited to, all aspects
of criminal prosecution, which includes court appearances, briefing, witness interviews, plea
negotiations, research and analysis, filing decisions, search warrants, coordinating and
consulting with City police personnel, and any other task required to competently prosecute
crimes. Services also include any appearing and defending appeals to the Clallam County
Superior Court after consultation with the City Attorney. Further appeals to the Washington
State Court of Appeals or the Washington State Supreme Court will be undertaken only after
consultation and joint agreement of the Parties regarding the terms for handling any such
appeals.
Prosecution services also include attending meetings with the Police Dept. and other City
staff as requested to address current issues; make suggestions to the City Attorney regarding
municipal code revisions; and provide quarterly reports identifying total case filings and
dispositions.
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C. Not reduce budget support for the Prosecutor's Office to fall below the previous year's
staffing, after adjustment for inflation or seniority, without the prior consent of the City. This
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restriction is intended to ensure financial compensation by the City does not supplant existing
resources, but instead supplements those resources and permits the dedication of sufficient
staff and resources from the Prosecutor's Office to address City matters.
D. Provide court services, which include filing, probation services, translation services, jury
services, expert services, and other court services as needed. Expert witness fees, and witness
fees are included in this Agreement. The City will pay no additional fees for court services.
The County may not reduce budget support for the Clallam County District Court I or Public
Defense to fall below the previous year's staffing, after adjustment for inflation or seniority,
without the prior consent of the City. This restriction is intended to ensure financial
compensation by the City does not supplant existing resources, but instead supplements those
resources and permits the dedication of sufficient staff and resources from Clallam County
District Court I and Public Defense contracts to address City matters.
E. Pay for filing the City's criminal citations and infractions with the Clallam County District
Court L Any charges for court services, including, but not limited to, filing fees, probation
services, translation services,jury services, expert witness fees, and witness fees are included
in this Agreement. The City will pay no additional fees for court services.
F. Provide criminal defense and related services for indigent persons facing incarceration in
Clallam County District Court No. 1. The County will provide defense services in
accordance with standards adopted by the Washington Office of Public Defense, the
Washington State Supreme Court, and the Washington State Bar Association. The County,
at its discretion, may contract with an outside agency or law firm to provide indigent defense
services. Upon request from the City, the County will provide adequate evidence to
demonstrate that its arrangements for public defense comply with the standards referenced
above.
G. Provide defendant management services, including jail and special arrangements such as
deferral programs and monitored release from jail using SCRAM bracelets and similar
devices, for persons committing misdemeanor or gross misdemeanor offenses in the City's
jurisdiction.
The County agrees to furnish its facilities and personnel for the confinement, processing, and
incarceration of City prisoners in the same manner and to the same extent as the County
furnishes the services for confinement, processing, and incarceration activities of its own
prisoners. The County jail facilities shall be made available and furnished for booking and
holding City prisoners held upon arrest, awaiting trial, and serving imposed jail terms. All
City police officers and investigators shall have the right to interview the prisoners at any
reasonable time inside the confines of the County jail, subject only to necessary security
rules. Interview space will be made available to City police officers in equal priority with
those of any other department, including the Sheriff's Department. The County will provide
all prisoner confinement services including room, board, medical, and other services at no
additional cost to the City.The County agrees to act as agent for the City in the receipt of bail
posted during other than normal working hours. The County agrees to diligently and timely
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deliver said bail bonds or monies to District Court I. Any monies refused for receipt by
District Court I shall be returned to the posting party as soon as practical.
The County may not reduce budget support for the Clallam County jail operations to fall
below the previous year's staffing and operating budget, after adjustment for inflation or
seniority, without the prior consent of the City. This restriction is intended to ensure financial
compensation by the City does not supplant existing resources, but instead supplements those
resources and permits the dedication of sufficient staff and resources from Clallam County
jail staff and operating budgets.
H. Be responsible for all City criminal and traffic infraction cases beginning January 1, 2016.
The County will process City infractions in the same manner and to the same extent as
County infractions, which specifically includes providing discovery in contested cases.
I. Maintain and allow the City to inspect and audit records of all revenue and expenditures
pertaining to the services provided for in this agreement.
J. Not be responsible for the City's code enforcement actions. Code enforcement means and
includes such actions as nuisance code enforcement, animal control, and zoning violations.
The City is solely responsible for all code enforcement actions including those in which the
City files a complaint in District Court alleging that a particular act constitutes a
misdemeanor or gross misdemeanor.
K. Not be responsible for appearing in infractions, involuntary commitment proceedings,
administrative proceedings, or any other civil matter that may arise from or in conjunction
with criminal proceedings.
Section 4. Additional Rights, Obligations, and Responsibilities:
A. The City shall be responsible for transporting all City Misdemeanants arrested by City police
officers to the County jail. For every City Misdemeanant transported to the County jail, the
transporting officer shall deliver to the jailer satisfactory proof of the reason for confinement
of the prisoner.
B. The City will try any City case set for trial on January 6, 2016, and the County will try all
cases after that date. The City will provide any active case files to the County by January 4,
2016. The City will retain any closed files through the end of their retention period. For the
first six months of this agreement, the City will review court calendars each day and deliver
any needed files in the City possession to the County prior to 9:30 am.
C. The rights and powers of the Prosecutor as defined under RCW 36.27, including without
j limitation those pertaining to the appointment of deputies, shall not be infringed by way of
this agreement. However, the City may consult with the Prosecutor on cases of interest to the
City.
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D. The City acknowledges the County's operational control of the County offices and
departments providing facilities and services incident to misdemeanor and gross
misdemeanor offenses committed by adults within the City of Port Angeles and referred by
the Port Angeles Police Department.
Section 5. Consideration to the County:
A. As partial consideration for this Agreement, the County shall retain the entire local share of
any and all relevant fines and fees collected on or after January 1, 2016 by Clallam County
District Court I from adults arrested or referred for prosecution by the Port Angeles Police
Department who are accused or convicted of committing misdemeanors or gross
misdemeanors within the City. The County shall also retain any and all relevant fines and
fees collected on or after January 1, 2016 for infractions. The amounts generated by the local
share of said fines and fees are intended to compensate the County for the costs associated
with the provision of District Court I and Public Defense services.
B. As additional consideration, in 2016 the City shall also pay to the County the sum of eight
hundred thousand Dollars ($800,000.00) each year thereafter for Criminal Justice Services.
This sum shall be paid in 12 equal monthly installments, each installment due on or before
the 5`" day of each month. For subsequent years, the amount described in paragraph C below
shall be paid in 12 equal monthly installments, each installment due on or before the 5'h day
of each month.
C. Beginning in the year 2017, and each year thereafter for the duration of this agreement, those
sums payable by the City pursuant to paragraph (B) above shall automatically increase or
decrease at a rate of the annual Seattle-Tacoma-Bremerton CPI-W published in June of each
year. Such annual increases are intended to compensate the County for increasing costs
associated with staff salaries, employee benefits, facilities maintenance/upgrades, and other
rising expenditures associated with the provision of Criminal Justice Services; provided,
however, the County shall have the right to demand that compensation be renegotiated in the
event that the bookings into jail of City Misdemeanants in one year exceeds by 25% or more
the average bookings into jail of City Misdemeanants over the prior 3 years.
D. The City has applied for a grant from the Washington State Office of Public Defense,
pursuant to RCW 10.101. The proceeds of that grant are intended to be used to increase
compensation for public defense attorneys in Clallam County District Court No. 1. If and
when the City receives proceeds from that grant intended for the 2016 calendar year, the City
shall promptly remit those proceeds to the County on the condition that the proceeds be used
for the same purposes. The Parties recognize that a grant to the City, if any, will be for 2016
only, and this will be a one-time transfer.
E. Payment of the amounts described in Sections A through D immediately above shall
constitute full and complete compensation to Clallam County for all Criminal Justice
Services to be provided pursuant to this Agreement, including, but not limited to,
Prosecutor's staff costs for City Misdemeanants, appointed counsel for City Misdemeanants,
judicial salaries, staff benefits and facilities used for the adjudication of City Misdemeanants,
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fees and costs for prisoner confinement services and for all medical costs of City
Misdemeanants while they are in County custody.
Section 6. Additional Terms and Conditions.
Relationship of the Parties: No agent, official, employee, servant, or representative of the City
shall be deemed an officer, employee, agent, servant or representative of the County for any
purpose. No agent, official, employee, servant or representative of the County shall be an officer,
employee, agent servant or representative of the City for any purpose. Bringing a criminal action
in the City's name shall not be construed to imply or create any type of agency relationship
between the Parties.
Duration and Termination:
A. This Agreement shall be in force and effect on January 1, 2016, and shall remain in effect(1)
for a period of ten years; or (2) until the legislature amends RCW 39.34.180 to affect the
relationship of the parties pursuant to that law; or (3) until terminated by either party as
provided for in paragraph B below, whichever shall occur first.
B. Either party may terminate this Agreement, prior to its expiration, for cause, by providing the
other party at least one year prior written notice and complying with the provisions of
Chapter 3.50 RCW. Such notice shall state the grounds for the termination and the specific
plan of the City for providing criminal justice functions as required by RCW 39.34.180.
Annual Review: The terms and operations of this Agreement shall be reviewed annually in
August of each year. The purpose of the review is to assure that the consolidation of
governmental services, as provided for in this Agreement, is successful and to identify any
changes or improvements that might make this arrangement more beneficial to the citizens of
Clallam County. This review shall be conducted by a committee composed of: One (1) County
Commissioner; the Clallam County Sheriff; the Clallam County Prosecuting Attorney; the Judge
of the Clallam County District Court I; the City Manager of Port Angeles; One (1) Port Angeles
City Council Member; the City Attorney and the City Police Chief. This committee may be
supported by staff of either or both the City and the County. The committee shall make a report
to both the City and the County legislative authorities after its review expressing its opinion on:
(1) The state of the criminal justice system in the area; (2) The relationship of the costs of that
criminal justice system to the contribution of each party as required by RCW 39.34.180; and (3)
To recommend any changes to this Agreement. The primary purpose of this committee is to
ensure that the operation of, and the resources dedicated to, the criminal justice system remain
current with evolving criminal justice needs.
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Indemnification:
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A. To the fullest extent allowed by law, the City will be solely and entirely responsible for
its acts/omissions and for the acts/omissions of its agents, employees, servants, or
representatives. To the fullest extent allowed by law, the County will be solely and entirely
responsible for its acts/omissions and for the acts/omissions of its agents, employees, servants or
representatives.
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B. Each party agrees to defend and indemnify the other party and its elected and appointed
officials, officers, employees and agents from and against all claims, losses, damages, suits and
expenses, including reasonable attorneys' fees and costs, to the extent they arise out of the
negligence or willful misconduct of the indemnitor or its elected or appointed officials, officers,
employees and agents in the performance of this Agreement. The indemnitor's duty to defend
and indemnify extends to claims by the elected or appointed officials, officers, employees or
agents of the indemnitor or of any contractor or subcontractor of indemnitor. The indemnitor
waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington
solely for the purposes of this provision and acknowledges that this waiver was mutually
negotiated.
C. In executing this agreement, the County does not assume liability or responsibility for or
in any way release the City from any liability or responsibility that arises in whole or in part from
unenforceability or invalidity of City ordinances, rules or regulations. If any cause, claim, suit,
action or administrative proceeding is commenced in which the enforceability and/or validity of
any such City ordinance, rule or regulation is at issue, the City shall defend the same at its sole
expense and if judgment is entered or damages are awarded on account of the unenforceability or
invalidity of such City ordinance against the City, the County, or both, the City shall satisfy the
same, including all chargeable costs and attorney's fees. This provision shall survive the
termination of this Agreement.
Non-Payment and Other Defaults: In the event of any default hereunder, upon thirty (30) days
written notice by the County to the City with regard to failure to make any payment required, and
in the event same shall not be cured within sixty (60) days, then the County shall be entitled,
without further notice or demand, to give notice of termination as set forth in Section 6 Duration
and Termination, including any other remedy granted at law or in equity.
Disputes: Disputes shall be referred to the County Administrator and the City Manager for
settlement. If disputes are not resolved by the parties within thirty (30) days of the referral,
unless the parties agree to an extension of time, the dispute shall be referred to an arbitrator who
has been mutually agreed upon by the City and County. Or if they cannot agree to an arbitrator,
the parties may apply to the presiding judge of the Clallam County Superior Court for
appointment of an arbitrator. The arbitrator's decision shall be final and binding on both parties;
provided however, an arbitrator's decision may be appealed to Superior Court if it is based on an
error of law, is arbitrary and capricious, is not founded on substantial facts or exceeds the
authority of the arbitrator. Each party shall pay one-half of the arbitrator's fee. If mutual written
consent to apply for the appointment of an arbitrator is not reached, either party may seek court
action to decide the disputed contract provision.
Notice: Any notice required to be given by either party to the other shall be deposited in the
United States mail,postage prepaid, addressed:
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To the County at:
The Clallam County Commissioners'Office
223 E. Fourth St., Ste. 4
Port Angeles, WA 98362
To the City at:
City Manager
PO Box 1150
Port Angeles, WA 98362
Or at such other address as either party may designate to the other in writing from time to time.
All notices to be given with respect to this Agreement shall be in writing. Every notice shall be
deemed to have been given at the time it shall be deposited in the United States mails in the
manner prescribed herein. Nothing contained herein shall be construed to preclude personal
service of any notice in the manner prescribed for personal service of a summons or other legal
process.
Entire Agreement: This Agreement constitutes the entire Agreement of the parties and
supersedes all prior agreements, contracts, and understanding, written or oral. The parties agree
that there are no other understandings, oral or otherwise, regarding the subject matter of this
Agreement. Any and all previous agreements, understandings, and the like, oral or otherwise, are
hereby revoked.
Construction of Agreement: In the event of a dispute between the parties as to the meaning of
terms, phrases or specific provisions of this Agreement, the authorship of this Agreement shall
not be cause for this Agreement to be construed against any party nor in favor of any party.
Execution: This Agreement is executed by each party acting with authority granted, where
required, by its governing body. This Agreement may be executed in counterpart originals. A
copy of each such executed counterpart original shall be delivered to each party upon that party's
execution of a counterpart original.
Administration: This Agreement will be administered by the County. This Agreement does not
create any separate legal or administrative entity. However, nothing in this Agreement is
intended to prevent or otherwise interfere with discussions or decisions that may be made by the
Parties during the Annual Review. Further, the Parties understand and agree that there will be
communication between the Parties to effectuate the terms of this Agreement.
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Financing Budget: This Agreement does not contemplate a joint budget.
Property Acquisition and Disposition: This Agreement does not contemplate the joint
j acquisition of property by the parties. At termination, each party will remain the sole owner of
its own property.
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Applicable Law and Venue: This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington. The venue for any court action will be in Kitsap
County in any court with jurisdiction.
Nondiscrimination: County agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed,
color, national origin, marital status, sex, sexual orientation, age, disability, or other
circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide
occupational qualification. County shall comply with all federal, state and local laws and
ordinances applicable to the work to be done under this Agreement. Violation of this section
shall be a material breach of this Agreement and grounds for cancellation, termination or
suspension by the City, in whole or in part, and may result in ineligibility for further work from
City.
Waivers: Failure to insist upon strict compliance with any terms, covenants or conditions of this
Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such
right or power at any time be taken to be a waiver of any other breach.
Files: All files and other documents maintained by the County relating to this Agreement or the
Services provided pursuant to this Agreement shall be the files of the County. On request, such
files will be made available for review by the City through its City Attorney or other duly
authorized representative during normal business hours.
Public Records Requests: The County shall be responsible for timely and adequately responding
to requests for records addressed to it under the Public Records Act. The City shall be
responsible for timely and adequately responding to requests for records addressed to it under the
Public Records Act. The Parties agree that, as part of the Annual Review described in Section 6
above, they shall analyze the impact and extent of changes, if any, to the County's public records
workload resulting from this Agreement. If necessary, they shall negotiate in good faith to
resolve any significant problem or difficulty arising from such changes.
Challenges: The entry into this Agreement shall not be construed to be a waiver or abandonment
of any defense or claim either party may have against the other notwithstanding the entry into
this Agr ement.
b NN 'Lo(5 LL
Ji cEntire: Date Dan McKeen: Date
Chair, Clallam County Board of Commissioners City Manager, City of Port Angeles
Approved as to Form Approved as to Form
Clallam County Prosecuting Attorney City Attorney
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