HomeMy WebLinkAboutJefferson County - Prosecution Services 2019-2022; Amendment 623642 PGS : 12 AGR
04/24/2019 10:21 AM $110.00 JEFFERSON COUNTY COMMISSIONERS
Jefferson County WA Auditor's Office — Rose Ann Carroll, Auditor
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Jefferson County Commissioners
P.O. Box 1220
Port Townsend, WA 98368
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DOCUMENT TITLE
Interlocal Agreement: Prosecution Services
REFERENCE NUMBER (S) OF RELATED DOCUMENTS
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GRANTOR (S) (Last,First and Middle Initial)
Jefferson County
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GRANTEE (S) (last,First and Middle Initial)
City of Port Townsend
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LEGALDESCRIPTION (Abbreviated form:i.e.lot,block,plat or section,township,range,quarter/quarter)
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ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER
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The Auditor/Recorder will rely on the information provided on this form.The staffwill not read the document to verify the accuracy or completeness of the
indexing information provided herein.
PROSECUTION SERVICES AGREEMENT
BY AND BETWEEN
JEFFERSON COUNTY
AND THE CITY OF PORT TOWNSEND
This Agreement is entered into by and between the City of Port Townsend, a municipal
corporation of the State of Washington ("City"), and Jefferson County, a municipal corporation and
political subdivision of the State of Washington("County"), for Prosecution Services as described in
this Agreement.
RECITALS
A. Chapter 39.34 RCW permits local governmental units to make official use of their
powers enabling them to cooperate with other localities based on mutual advantage.
B. The City and the County agree that providing certain services on a regional basis will
provide more efficient, effective, and less costly services for residents throughout the
County.
C. Pursuant to RCW 39.34.180(2), the City and the County have considered the
following principles in negotiating this Agreement: "(a)anticipated costs of services;
and (b) anticipated and potential revenues to fund the services, including fines and
fees, criminal justice funding, and state-authorized sales tax funding levied for
criminal justice purposes."
D. The County already provides regional law enforcement services to the City pursuant
to a separate jail services interlocal agreement.
E. These regional services are in addition to statutory services provided by Jefferson
County, as a political subdivision of the State, on behalf of all the residents of the
County funded by County property taxes levied on properties within the City.
F. The Jefferson County Prosecuting Attorney ("Prosecuting Attorney") is responsible
for prosecuting crimes committed in Jefferson County, including in the City, except
for misdemeanors committed by adults in the City. The City is responsible for
prosecuting all misdemeanors by adults within the City.
G. Recently, the City prosecutor left to employ of the City to become the Chief Criminal
Deputy Prosecuting Attorney for the Jefferson County Prosecuting Attorney's Office
("PAO"). As a result, and as an accommodation to the City, the PAO has been
handling the City's misdemeanor cases on an interim basis without compensation.
H. The City and the County agree that having the City pay a flat rate per year for
Prosecution Services provides predictability for budget purposes to both the City and
the County.
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I. The amounts provided pursuant to this Agreement supplement the County's budget for
the PAO to cover the added costs of providing Prosecution Services to the City, so that
the City need not retain its own prosecutor. The amounts provided pursuant to this
Agreement are not intended to supplant monies budgeted by the County services it is
otherwise required by law to provide.
AGREEMENT
In consideration of the mutual covenants contained in this Agreement, and pursuant to
provisions of Ch. 39.34 RCW, the parties agree as follows:
1. PURPOSE. The Prosecuting Attorney agrees to provide the City with Prosecution Services
by the PAO under the terms and conditions of this Agreement in order to provide cost
containment and predictability, operating efficiencies, prosecutorial continuity, and reduction
in governmental duplication.
2. AUTHORITY. This agreement is based upon the authority of RCW 39.34.180, which
provides authority for interlocal agreements between cities and counties 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 city ordinance.
3. LIMITATIONS.
Nothing in this Agreement is intended to affect or alter:
3.1. The functions and operations of the Port Townsend Police Department("PTPD").
3.2. The rights and powers of the Prosecuting Attorney as defined under Chapter 36.27
RCW, including without limitation those pertaining to the appointment of deputies.
However, the City may consult with the Prosecuting Attorney on cases of interest to
the City.
3.3. The obligation of the PAO to comply with the Washington Rules of Professional
Conduct (RPC), including RPC 1_6, RPC 1_7, RPC 3.1, RPC 3_6, and RPC 3_8.
3.4. The rights and obligations of the parties under any other agreement between the City
and the County, including but not limited to any agreement for jail services or indigent
defense services.
4. DEFINITIONS.
4.1. "Case Cap" means 275 City Misdemeanor Cases per year as discussed in Section 7.1.
The Case Cap is determined by the cause number of the original filing, not by the
number of charges in a filing. For the avoidance of doubt, all probation violation
proceedings are part of one case related to the cause number under which the case was
filed.
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4.2. "City Misdemeanor Cases"means all cases involving adults who commit misdemeanor
and gross misdemeanor offenses, and traffic infractions in the City and are booked into
jail and or are referred for prosecution by the PTPD.
4.3. "Code Enforcement"means enforcement of any City ordinance that does not relate
to prosecution of City Misdemeanor Cases and includes but is not limited to
enforcement of the City's nuisance code,animal control code,or zoning violations.
4.4. "PAO"means the Jefferson County Prosecuting Attorney's Office.
4.5. "Prosecuting Attorney" means the Elected Jefferson County Prosecuting Attorney.
4.6. "Prosecution Services"means the Prosecution Services in Section 6.1.
4.7. "PTPD" means the City of Port Townsend Police Department.
4.8. "RCW" means the Revised Code of Washington, as it now exists or may hereafter be
amended.
5. TERM. This Agreement shall be in effect for the period April 1, 2019 through December 31,
2022.
6. COUNTY PERFORMANCE. The County agrees as follows:
6.1. Prosecution Services. The PAO shall provide the following services to the City:
6.1.1. All aspects of criminal prosecution performed by the Prosecuting Attorney's
Office for misdemeanors, which shall include all necessary:
6.1.1.1. Court appearances, briefing, witness interviews, plea negotiations,
research, and analysis, filing decisions, search warrants, coordinating
and consulting with PTPD personnel, and any other task required to
competently prosecute crimes; and,
6.1.1.2. Appearing and defending appeals to the Jefferson County Superior
Court, after consultation with the City Attorney; and,
6.1.1.3. Appeals to the Washington State Court of Appeals or the Washington
State Supreme Court, but only after consultation and joint agreement
of the parties regarding the terms for handling any such appeals.
6.1.2. Attending meetings with the PTPD and other City staff as reasonably 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.
6.1.3. For the avoidance of doubt, Prosecution Services do not include:
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6.1.3.1. Code Enforcement. The City is solely responsible for all Code
Enforcement actions, except those in which the City files a
complaint in District Court alleging that an act or omission
constitutes a misdemeanor or gross misdemeanor.
6.1.3.2. Related Administrative Proceedings. The City is solely responsible
for all administrative proceedings that may arise from or be in
conjunction with criminal proceedings.
6.2. Level of Service. The Prosecuting Attorney shall provide Prosecution Services to the
City consistent with this Agreement, and the Prosecuting Attorney shall sufficiently
staff,operate and maintain contracted Prosecution Services at a level equal to or greater
than those services currently provided by the PAO for misdemeanors and traffic
infractions handled by the PAO for the County, subject to the budget appropriated by
the City and County.
6.3. Record Maintenance. The PAO shall maintain records and statistics of the operation of
Prosecution Services for administrative and financial purposes. The PAO shall, upon
request of the City, furnish a report of activities and finances related to those activities,
but need not do so more than once per year.
6.4. Compliance with Law. The PAO shall perform Prosecution Services in accordance
with all applicable laws, regulations, and municipal codes.
6.5. Support for the PTPD. The PAO shall be available to the PTPD for advice and consent
on law enforcement and prosecution matters.
7. CITY PERFORMANCE. The City agrees as follows:
7.1. Reimbursement for Prosecution Services.
7.1.1. Base Amount. The City shall pay a base amount of$70,000 for Prosecution
Services for all City Misdemeanor Cases, up to the Case Cap of 275 City
Misdemeanor Cases per calendar year. The base amount shall be increased by
2.5%on January 1 of each year this Agreement is in effect. The City shall make
quarterly payments of the base amount no later than April 30, July 31, October
31,and December 31 of each year. The City shall pay any other reimbursement
costs within 30 days of receipt of an invoice from the County. The City's
obligation to pay the County shall not begin until both parties have signed and
approved this Agreement.
7.1.2. Cases in Excess of the Case Cap. In addition to the quarterly payments outlined
in Section 7.1.1, if the City Misdemeanor Cases exceed the Case Cap, the City
shall pay an added $500 for each additional City Misdemeanor Case over the
Case Cap. The Prosecuting Attorney shall advise the City Attorney on or before
January 1 of each year this Agreement is in effect the number of City
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Misdemeanor Cases handled by the PAO during the prior year. For any City
Misdemeanor Case above the Case Cap, the City shall pay an added $500 on or
before January 31 of each year after this Agreement is in effect.
7.2. Paralegal Support. The City shall supply up to 10 hours a week of paralegal time as
support for subpoenas and filing.
8. ALLOCATION OF LIABILITIES.
8.1. Indemnity. Each party shall indemnify, defend, and hold harmless the other party,their
officers, agents, employees, and volunteers, from and against any and all claims,
demands, damages, judgments, losses, liability and expense (including, attorney's
fees), including but not limited to those for personal injury, death or property damage
suffered or incurred by any person, by reason of or in the course of performing this
Agreement which is or alleged to be caused by or may directly or indirectly arise out
of any act or omission of the party, its officers, employees, agents and volunteers.
8.2. Proportionate Share. Except as provided above, in the event more than one party is
responsible or negligent,each party shall be responsible in proportion to its negligence.
8.3. Waiver of Immunity under Title 51 RCW.Each party waives its immunity under Title
51 RCW (Industrial Insurance) solely for the purposes of this provision and
acknowledges that this waiver was mutually negotiated.
8.4. No Assumption of Liability by the County. 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 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.
9. DISPUTES BETWEEN THE PARTIES.
9.1. Negotiation. Disputes shall be resolved by first trying to negotiate a settlement between
the parties. Written notice in the manner required by this Agreement commences a
dispute.
9.2. Mediation. If settlement cannot be reached within 30 days of written notice of the
dispute, the parties agree to submit the matter to non-binding mediation through the
Peninsula Dispute Resolution Center or other agreed upon mediator. A demand for
mediation made by written notice in the manner required by this Agreement
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commences a mediation. The mediator shall be selected by agreement of the parties.
The cost of mediation shall be shared equally between the parties.
9.3. Arbitration. If the parties are unable to negotiate a resolution or refuse to accept a
mediated resolution to a dispute,then the parties agree to abide by the process described
in RCW 39.34.180(3), which calls for binding arbitration by a three-person arbitration
panel. A demand for arbitration made by written notice in the manner required by this
Agreement commences an arbitration. The arbitration decision shall be final and
binding on the parties; provided however, an arbitrator's decision may be appealed to
the 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. The cost of
arbitration shall be shared equally between the parties. The prevailing party shall be
entitled to reasonable attorney's fees and costs regardless of whether the party uses in-
house or outside counsel.
9.4. Venue. Any legal action about the terms and conditions of this Agreement shall be
brought solely in the appropriate state court in Jefferson County, Washington, subject
to the venue provisions for actions against counties in RCW 36.01.050.
10. MODIFICATION, WITHDRAWAL AND TERMINATION. This agreement may be
changed, withdrawn, or terminated as follows:
10.1. Written Agreement Required.This Agreement may be changed or extended in duration
by written agreement of the parties.
10.2. Non-Payment. Upon thirty (30) days written notice by the County to the City with
regard to failure to make any payment required by this Agreement, 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 terminate this Agreement and seek any remedy
granted at law as a result of the non-payment.
10.3. Termination. Either party may terminate this Agreement by serving a written notice to
the other by June 30 of any calendar year following 2019. The termination shall not
take effect until January l of the next calendar year. For example, a termination notice
delivered on June 29, 2020 shall take effect January 1, 2021.
10.4. City Manager Certification. The parties to this Agreement agree that all terms of this
Agreement shall be subject to renegotiation and review,but not to termination, if during
the term of this Agreement the City Manager certifies in writing to the County
Administrator that the City, because of unexpected, unforeseen, or unavoidable
financial occurrences, events, or constraints, wishes to or must fund this Agreement in
an amount that represents less than ninety-five percent(95%)of the base amount listed
in Section 7.1.1.
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11. PUBLIC RECORDS ACT AND OPEN PUBLIC MEETING ACT COMPLIANCE.
11.1. Public Records Act Compliance. The City and the County shall be responsible
separately for their respective public records pursuant to the Public Records Act,
Chapter 42.56 RCW.For the avoidance of doubt, all records maintained by the County
relating to the Prosecution Services provided by the Prosecuting Attorney pursuant to
this Agreement are the records of the County.
11.2. Open Public Meetings Act Compliance. The City and the County shall be responsible
separately for their respective compliance with the Open Public Meetings Act, Chapter
42.30 RCW.
12. NOTICE.
12.1. Sufficient Notice. Any notice required to be given by either party to the other shall
be in writing and shall be considered sufficient notice if deposited in the United
States mail, postage prepaid, addressed as follows:
To the County at:
Jefferson County Administrator
P.O. Box 1220
Port Townsend, WA 98368
To the City at:
City Manager
250 Madison St Suite 201
Port Townsend, WA 98368
12.2. Personal Service of Notice Also Allowed. Personal notice of any required notice may
be provided in the manner prescribed for personal service of a summons or other legal
process.
13. INTERLOCAL AGREEMENT REQUIRED TERMS.
13.1. Administration. The Prosecuting Attorney shall administer this Agreement. This
Agreement does not create any separate legal or administrative entity. The parties
understand and agree that there will be communications between the parties to
effectuate the terms of this Agreement.
13.2. No Joint Budget. This Agreement does not contemplate a joint budget.
13.3. No Property Acquisition. This Agreement does not contemplate the joint
acquisition of property by the parties. At termination, each party shall remain the
sole owner of its own property.
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14. NO PARTNERSHIP; INDEPENDENT CONTRACTOR.
14.1. No Partnership.Nothing contained in this Agreement shall be considered as in any way
constituting a partnership between the City and the County.
14.2. Prosecuting Attorney and PAO Discretion. The Prosecuting Attorney and the PAO are
independent contractors with the authority to control and direct the performance of the
Prosecution Services. Implementation of the Prosecution Services shall be solely
within the discretion of the Prosecuting Attorney and the PAO. The Prosecuting
Attorney shall be responsible solely and entirely for the PAO's acts and for the acts of
its agents, employees, servants, subcontractors, or representatives during the
performance of this Agreement.
14.3. No City Control. The City shall not exercise control and direction over the work of the
Prosecuting Attorney or the PAO and is interested primarily in the results achieved.
However, the results of the Prosecution Services must meet the approval of the City
and shall be subject to the City's general rights of inspection and review to secure the
satisfactory completion of this Agreement.
14.4. No City Benefits. The City provides no benefits it provides to its employees to any
agent, employee, servant, or representative of the Prosecuting Attorney and the PAO.
15. NO ASSIGNMENT, EXCEPT FOR CONFLICT OF INTEREST CASES. The
Prosecuting Attorney shall not assign performance under this Agreement, unless the
Prosecuting Attorney determines that a conflict of interest exists. The parties believe conflicts
of interest are highly unlikely.However, if a conflict of interest exists such that the PAO cannot
handle a City Misdemeanor Case, the City shall be responsible for its prosecution and the case
shall not count against the Case Cap.
16. REQUIRED FILING. Pursuant to RCW 39.34.040, prior to entry into force this Agreement
shall be filed with the Jefferson County Auditor or listed on the PAO's website.
17. GENERAL TERMS. The following general terms shall govern this agreement:
17.1. Choice of Law. The parties signed this Agreement in the State of Washington. The
laws of the United States, the State of Washington, and the County of Jefferson govern
this Agreement, as if applied to transactions agreed upon and to be performed wholly
within Jefferson County, Washington between Jefferson County residents. No party
shall argue or assert that any state law other than Washington law applies to the
governance or construction of this Agreement.
17.2. Authority.Each person who signed this Agreement acted with authority granted,where
required, by a governing body of a party. 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.
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17.3. Integration. This Agreement contains all the terms and conditions agreed upon by the
parties. No representation or promise not expressly contained in this Agreement has
been made. The parties are not entering into this Agreement based on any inducement,
promise or representation, expressed or implied, which is not expressly contained in
this Agreement. This Agreement supersedes all prior or simultaneous representations,
discussions, negotiations, and agreements, whether written or oral, within the scope of
this Agreement.
17.4. Headings. The headings of the sections of this Agreement are for convenience of
reference only and do not restrict, affect, or be of any weight in the interpretation or
construction of the provisions of the sections or this Agreement.
17.5. No Waiver.No term or provision of this Agreement can be waived by either party, and
no breach excused by either party, unless such waiver or consent is in writing signed
on behalf of the party against whom the waiver is asserted. Failure of a party to declare
any breach or default immediately upon the occurrence thereof, or delay in taking any
action in connection with, shall not waive such breach or default.
17.6. Nondiscrimination; Equal Employment Opportunity.
17.6.1. In the performance of this Agreement, the parties and their employees and
agents shall always comply with all federal, state, or local laws, ordinances,
rules, or regulations with respect to nondiscrimination and equal employment
opportunity which may at any time be applicable.
17.6.2. The parties shall not discriminate against any employee or applicant for
employment because of age, sex, marital status, sexual orientation, race, creed,
color, national origin, honorably discharged veteran or military status, or the
presence of any sensory, mental, or physical disability or the use of a trained
dog guide or service animal by a person with a disability as required by law.
17.6.3. The parties and their employees and agents shall not at any time discriminate
against any other persons or entity because genetic information,gender identity,
age, sex, marital status, sexual orientation, race, creed, color, national origin,
honorably discharged veteran or military status, or the presence of any sensory,
mental, or physical disability or the use of a trained dog guide or service animal
by a person with a disability.
17.7. Records Retention. The parties shall keep and maintain all records required by law in
connection with the performance of this Agreement.
17.8. Arms-length Negotiations. The parties negotiated this Agreement at anus-length, with
the assistance and advice of competent, independent legal counsel.
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18. MUTUAL OBJECTIVES. Each party agrees to aid and assist the other in carrying out the
objectives of this Agreement.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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JEFFERSON COUNTY BOARD OF CITY OF PORT TOWNSEND
COMMISSIONERS
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Kate Dean, Chair Date �,�David G. Timmons, City Manager Date
JEFFERSON COUNTY PROSECUTING
ATTORNEY
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Jame M. Ke e , Dat
Pros ting Attor Coroner
Appro d as to Legal Form: Approved as to Legal Form:
Philip C. Hunsucker, Date Heidi dre-enNfood, City Attorney Date
Chief Deputy Civil Prosecuting Attorney
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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
REGULAR AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: James Kennedy,Prosecuting Attorney
Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
DATE: April 22,2019
RE: City of Port Townsend Prosecution Services Agreement
STATEMENT OF ISSUE:
The Jefferson County Prosecuting Attorney (Prosecuting Attorney) and the City of Port
Townsend (City)propose that the County,the City, and the Prosecuting Attorney's Office (PAO)
enter into a three-year contract for the PAO to provide prosecution services to the City.
ANALYSIS:
By law, the Prosecuting Attorney is responsible for prosecuting crimes committed in Jefferson
County, including in the City, except for misdemeanors committed by adults in the City. The
City is responsible for prosecuting all misdemeanors by adults within the City.
Recently, the Prosecuting Attorney hired Chris Ashcraft as the Chief Criminal Deputy
Prosecuting Attorney. Mr. Ashcraft had been the City Prosecutor for several years. As an
accommodation to the City while it considers Mr. Ashcraft's replacement, the PAO has been
handling the City's misdemeanor cases on an interim basis without compensation. The City and
the Prosecuting Attorney are interested in continuing this arrangement on a permanent basis
through the proposed contract.
Under the agreement,the PAO would handle all the City's all misdemeanors by adults within the
City and traffic infraction cases for the next 3 years. The PAO does not typically appear in
District Court on traffic infraction cases—officers from the law enforcement agencies that issued
the tickets typically appear in person or by a sworn report. The City will continue to provide
discovery on the traffic infraction cases. The PAO would not be responsible for any civil code
enforcement cases for the City.
Funds from the agreement would augment the PAO's budget and allow for the addition of an
additional prosecuting attorney,thus enabling the PAO to handle the City case load and enhance
the services of the PAO to the citizens of the County.
The agreement is based upon RCW 39.34.180, which provides authority for interlocal
agreements between cities and counties for the prosecution, adjudication, sentencing, and
1
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 city ordinance. The City and the County already have two ILAs based on
RCW 39.34.180—one for district court and one for jail services. The prosecution services
proposed under the terms and conditions of the agreement will provide cost containment and
predictability, operating efficiencies,prosecutorial continuity, and reduction in governmental
duplication for both the County and the City.
The City Council approved the attached agreement on its April 15, 2019 consent agenda via its
Resolution No. 19-038.
FISCAL IMPACT:
The proposed agreement would be in effect from April 1, 2019 through December 31, 2022.
Under the agreement, the PAO would handle all the City's all misdemeanors by adults within the
City and traffic infraction cases for a base amount of$70,000 for up to 275 cases (flat fee).
Above 275 cases,the City would pay a fee of$500 per case. The base amount would be
increased by 2.5% on January 1 of each year the agreement is in effect. (This is the same annual
percentage increase agreed upon in the jail services agreement.) Having the City pay a flat rate
per year for Prosecution Services provides predictability for budget purposes to both the City and
the County. Having the 2.5 %annual increase is a hedge for the County against inflation.
The amounts provided pursuant to the agreement supplement the County's budget for the PAO to
cover the added costs of providing Prosecution Services to the City, so that the City need not
retain its own prosecutor.
The proposed agreement will provide additional funds for the County. Staff cannot predict the
exact positive fiscal impact without performing the prosecution services for the proposed term of
the agreement.
RECOMMENDATION:
That the Board of County Commissioners approve and sign the attached agreement.
WED BY:
Philip Mor ey, o t Ad ' ator Date
2
CONTRACT REVIEW FORM
CONTRACT WITH: City of Port Townsend
(Contractor)
CONTRACT FOR: Prosecution Services TERM: Ends 12/31/22
s°
AMOUNT: .$70,000 Base Rate w/2.5%increase per year PROCESS: Exempt from Bid Process
Case Cap of 275.$500 per case exceeding 275 Consultant Selection Process
Revenue: See above Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Source(s) of Matching Funds: Vendor List Bid
RFP or RFQ
Step 1: REVIEW BY] ! i N
Revie y:
Date Reviewed:
APPROVED FORM Returned for revision(See comments)
Comments:
Step 2: REVIEW BY PROSECUTIN ATTORNEY
Review by: (2- (l«
/
Date Reviewed: 41,11 7
// f
APPROVED AS TO FORM Returned for revision(See comments)
Comments:
Step 3: DEPARTMENT MAKES REVISIONS
Have contractor sign appropriate number of originals.
Step 4: SUBMIT TO PROSECUTING ATTORNEY FOR FINAL SIGN OFF
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 6 copies of Contract,Review Form,and Agenda Bill to BOCC Office.
Place"Sign Here"markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m.TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
PROSECUTION SERVICES AGREEMENT AMENDMENT
JEFFERSON COUNTY
AND THE CITY OF PORT TOWNSEND
This Amendment to the Agreement ("this Amendment') is entered into by and between the
City of Port Townsend, a municipal corporation of the State of Washington ("City"), and Jefferson
County, a municipal corporation and political subdivision of the State of Washington("County"),for
Prosecution Services as described in this Amendment.
RECITALS
A. Chapter 39.34 RCW permits local governmental units to make official use of their
powers enabling them to cooperate with other localities based on mutual advantage.
B. Pursuant to RCW 39.34.182), the City and the County executed an Interlocal
Agreement on April 22,2019("Agreement')the County provides prosecution services
for the City.
C, On February 29, 2020, Governor Jay Inslee declared a State of Emergency in all
Counties in Washington State due to the public health emergency caused by the
COVID-19 pandemic.
D, On March 10,2020,the Jefferson County Health Officer issued a Public Health Order
to control and prevent the spread of the COVID-19 pandemic that: (1)Prohibited City
and County workers from coming to work with a febrile illness (oral temperature
100.4 degrees F or greater) and symptoms of respiratory infection(sore throat, cough,
difficulty breathing) and required them to stay home for the duration of their illness;
(2) Required City and County workers who develop a febrile respiratory illness while
working are to notify their supervisor and go home; and, (3) Provided the guidance
that City and County workers who are recovering from a respiratory illness should not
return to work until they have been afebrile (no fever and no use of a fever reducing
medication like acetaminophen, aspirin, or ibuprofen) for at least 72 hours.
E. On March 16, 2020, the Jefferson County Board of Commissioners approved a
Declaration of Emergency due to the COVID-19 pandemic.
F. On March 19, 2020, the Port Townsend City Council approved a Declaration of
Emergency due to the COVID-19 pandemic.
G. On March 23, 2020, Governor Jay Inslee signed a proclamation(20-25)declaring that
a State of Emergency continues to exist in all counties in Washington State due to
COVID-19; and that his prior proclamations are amended and superseded by
proclamation to impose a Stay Home — Stay Healthy Order throughout Washington
State, which prohibits all people in Washington State from leaving their homes or
participating in social, spiritual and recreational gatherings of any kind regardless of
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4/28/2020
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the number of participants, and all non-essential business in Washington State from
conducting business, within the limitations provided in Proclamation 20-25.
H. On April 4, 2020, Governor Jay Inslee extended through May 4, 2020,his Stay Home
—Stay Healthy Order throughout Washington State.
1, Modeling of the COVID-19 pandemic for the State of Washington shows that even
with mandatory social distancing through May 28, 2020, COVID-19 will continue to
have a significant impact on public health and containment strategies will be required
that include testing, contact tracing, isolation, and limiting gathering size. See:
https://covidl9.healthdata.or /united-states-of-america/washin tg_„_on.
J. The current public health crisis as a result of the COVID-19 pandemic has modified
the way that both parties conduct the business of government, including changed
staffing levels and budget assumptions, that necessitates modification of the
Agreement.
AMENDMENT TO INTERLOCAL AGREEMENT
In consideration of the mutual covenants contained in the Agreement and this Amendment,
and pursuant to provisions of Ch. 39.34 RCW, the parties agree as follows:
1. The following definition is amended to read in its entirety:..
4.1 "Case Cap"means 275 City Misdemeanor Cases per calendar year as discussed in Section 7.1,
except that for 2020 only, "Case Cap"means 250 City Misdemeanor Cases per year. The Case
Cap is determined by the cause number of the original filing, not by the number of charges in
a filing. For the avoidance of doubt, all probation violation proceedings are part of one case
related to the cause number under which the case was filed.
2. CITY PERFORMANCE. For the year 2020 only, paragraph 7.1.1 is amended to read in its
entirety as follow:
7.1.1 Base Amount. The City shall pay a base amount of$70,000 for Prosecution Services
for all City Misdemeanor Cases, up to the Case Cap per calendar year. The base amount shall
be increased by 2.5% on January 1 of each year this Agreement is in effect. The City shall
make quarterly payments of the base amount no later than April 30, July 31, October 31, and
December 31 of each year. The City shall pay any other reimbursement costs within 30 days
of receipt of an invoice from the County. The City's obligation to pay the County shall not
begin until both parties have signed and approved this Agreement. For the year 2020,the base
amount will be reduced by 1/4 and the City will not be required to pay the 1/4 amount due on
July 31, 2020. All other payments remain unchanged.
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3. REQUIRED FILING.Pursuant to RCW 3 9.34,0 40,prior to entry into force this Amendment
shall be filed with the Jefferson County Auditor or listed on the PAO's website.
(SIGNATURES FOLLOW ON NEXT PAGE)
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JEFFERSON COUNTY BOARD OF CITY OF PORT TOWNSEND
COMMISSIO 'IRS
....... .......... mow' .. .......
Greggothertoa Chair Date .1 t Manager Date
g y g
JEFFERSON COUNTY PROSECUTING
ATTORNEY
_............... .........
Jamie Kennedy, l to
Pros c Ming Attoat /Coro tea
i�
App a ed! as to Legal -,'orm Approved as to Legal Form:
C
Philip C. Hunsucker, Date Ile% J (,jreen )oil, City Attorney Date
Chief Deputy Civil Prosecuting Attorney
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