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HomeMy WebLinkAboutJefferson County - Criminal Justice Services Interlocal 2022-2031 -b INTERLOCAL AGREEMENT BETWEEN JEFFERSON COUNTY AND THE CITY OF PORT TOWNSEND REGARDING CRIMINAL JUSTICE SERVICES Preamble: This Agreement is made and entered into effective January 1, 2022, by and between Jefferson County, (County) a political subdivision, and the City of Port Townsend, a non-charter 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 are the "Parties." Now, therefore, in consideration of the terms, conditions, covenants stated in this Agreement and for the performance required below, the Parties agree as follows: Section 1. Purpose and Limitation: The City desires to contract with the County by way of Interlocal Cooperative Agreement pursuant to RC4r1/; 39.34.q 80 for the provision of Criminal Justice Services for the City.Nothing in this Agreement is intended to affect or alter the functions and operations of the City Police Department. Section 2.Authority: This Agreement is based upon the authority of RCW 38 I m(Il), which provides in relevant part as follows: 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. Definitions: A. Agr eemcnt. "Agreement" means this Interlocal Agreement between Jefferson County and the City of Port Townsend Regarding Criminal Justice Services. B. as�x "Case Cap" means 275 City Misdemeanant Cases per year as discussed in SeITct om;-n .B. The Case Cap is limited to cases handled in District Court and 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. C. Cily: "City" means the City of Port Townsend, Washington. D. City Misdemeanants: "City Misdemeanants"means all persons who commit misdemeanor and gross misdemeanor offenses and are booked into jail and or are referred for prosecution by the City Police Department who have their cases filed in either District Court or Superior Court, but not the Juvenile Division of Superior Court, and infractions that occur within 1 the City of Port Townsend that are handled by the Jefferson County District Court under the Washington Infraction Rules for Courts of Limited Jurisdiction. E. Code Enforcement:"Code Enforcement"means and includes such actions as nuisance code enforcement, animal control, and zoning violations. F. Court Services: "Court Services" means all aspects of court services that are provided by the Jefferson County District Court referred for persons charged with misdemeanors, gross misdemeanors or infractions allegedly committed within the City of Port Townsend, but at the same level of service as provided for persons charged within the unincorporated areas of Jefferson County. G. County: "County"means Jefferson County, Washington. H. Criminal Justice Services: "Criminal Justice Services" means the Court Services, Indigent Defense Services, Jail Services, and Prosecution Services required by this Agreement. 1. indigent Defiense Set-vices: "Indigent Defense Services" means all aspects of indigent defense services that are provided by the County for persons referred for prosecution by the Jefferson County Prosecuting Attorney's Office for misdemeanors, gross misdemeanors or infractions allegedly committed within the City of Port Townsend, but at the same level of service as for persons referred for prosecution within the unincorporated areas of Jefferson County. J. Jail: "Jail" means the Jefferson County Jail,. K. Jail Services: "Jail Services" means all aspects of jail services that are provided by the County for persons referred for prosecution by the Jefferson County Prosecuting Attorney's Office for misdemeanors, gross misdemeanors or infractions allegedly committed within the City of Port Townsend,but at the same level of service as for persons referred for prosecution within the unincorporated areas of Jefferson County. Jail Services include, but are not limited to, prisoner confinement, room, board, medical and other services, record keeping, defendant management services, including jail and special arrangements such as deferral programs and monitored release from jail using SCRAM bracelets and similar devices. L. Medical l eases + "a "Medical Expenses Cap" means the annual amount spent by the County on medical expenses for City Misdemeanants up to$15,000.00."Medical Expenses Cap" does not include the cost of services provided by a nurse who is employed by the County to work in the Jail. M. Parties. "Parties"means both the City and the County. N. Party: "Party"means one of the Parties.. O. Prosecution Services:"Prosecution Services"means all aspects of prosecution services that are provided by the County for prosecution of misdemeanors, gross misdemeanors, or 2 infractions referred for prosecution by the Jefferson County Sheriffs Office. Prosecution Services 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. Prosecution Services also includes any appearing and defending appeals to the Jefferson County Superior Court after consultation with the City Attorney. However, 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 City 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. Section 4. County to Provide Criminal Justice Services for the City: The County shall: A. Provide Court Services, Indigent Defense Services,Jail Services, and Prosecution Services for those adults referred for prosecution by the City Police Department for allegedly committing criminal misdemeanors and gross misdemeanors and all individuals for allegedly committing infractions in the City of Port Townsend in the same manner and to the same extent as the County furnishes those services for persons charged with committing criminal misdemeanors, gross misdemeanors, and infractions by the Jefferson County Sheriff's Office. 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 this Agreement. 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 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. The County may not reduce budget support for Court Services or Indigent Services 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 Jefferson County District Court and Public Defense contracts to address City matters. E. Pay for filing the City's infractions issued by the City Police Department or the City's Code Enforcement Officer with the Jefferson County District Court. Any charges for Court Services for the City's infractions issued by the City Police Department or the City's Code Enforcement Officer, including, but not limited to, filing fees, probation services, 3 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 for the City's infractions issued by the City Police Department or the City's Code Enforcement Officer. F. Make County jail facilities 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 Jefferson County Sheriffs Department. G. 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 deliver said bail bonds or monies to Jefferson County District Court. Any monies refused for receipt by Jefferson County District Court shall be returned to the posting Party as soon as practical. H. Maintain budget support for Jail Services at the previous year's staffing and operating budget,after adjustment for inflation or seniority,except with 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 Jefferson County jail staff and operating budgets. I. Be responsible for all City criminal and traffic infraction cases beginning January 1, 2022. 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. J. Maintain and allow the City to inspect and audit records of all revenue and expenditures pertaining to the services provided for in this Agreement. K. Not be responsible for the City's Code Enforcement actions.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. L. 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 5. Additional Rights, Obligations,and Responsibilities: A. "fransortatio�� of-City Misdemeanants. 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 'Rights and Powers ol'the Prosecuting Attorney The rights and powers of the Prosecuting Attorney as defined under Chapter 36.27 RCW, including without limitation those 4 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. C. 0 crational Control: 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 Townsend and referred by the City Police Department. Section 6. Consideration to the County: A. Fines and Fecs: As partial consideration for this Agreement, the County shall retain the entire local share of any and all fines and fees collected on or after January 1, 2022 by Jefferson County District Court from adults arrested or referred for prosecution by the City 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 I, 2022 for all infractions, including those infractions issued by the City's Code Enforcement Officer. The amounts generated by the local share of fines and fees are intended to compensate the County for the costs associated with the provision of Court Services and Indigent Defense Services. B. Annual Payment:As additional consideration, in 2022 the City shall also pay to the County the sum of each year of four hundred ninety-one thousand dollars ($491,000.00) for Criminal Justice Services. This sum shall be paid in 12 equal monthly installments, each installment due on or before the 5th day of each month. For subsequent years, the amount described in frac- 7. ;' shall be paid in 12 equal monthly installments, each installment due on or before the 5th day of each month. C. Cases in Excess 017 tile Case Cay . In addition to those sums payable by the City pursuant to Section 6.B, 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 in writing on or before January 1 of each year this Agreement is in effect the number of City Misdemeanor Cases handled by the District Court and the PAO during the prior year, with a copy to the City Manager per the notice provisions of this Agreement. 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. D. Medical Expensesfor City Misdemeanants in Excess of the Cap. In addition to those sums payable by the City pursuant to Section 6.1 , if the annual medical expenses for City Misdemeanants exceeds the Medical Expenses Cap, the City shall pay for all medical expenses for City Misdemeanants above the Medical Expenses Cap. The Sheriff shall advise the City Chief of Police in writing on or before January 1 of each year this Agreement the expenses incurred above the Medical Expenses Cap,with a copy to the City Manager per the notice provisions of this Agreement. The City shall pay for all medical expenses for City Misdemeanants above the Medical Expenses Cap on or before January 31 of each year after this Agreement is in effect. 5 E. .Annual lncrease: Beginning in the year 2023, and each year thereafter for the duration of this Agreement,those sums payable by the City pursuant to Section 63 shall automatically increase or decrease at a rate of the annual Seattle-Tacoma-Bellevue 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. F. Full and Com lete Payment: Payment of the amounts described in Scctions 7.A tlni!gh " shall constitute full and complete compensation to the County for all Criminal Justice Services, including but not limited to all costs incurred by the County, staff salaries and benefits paid by the County and costs incurred by the County for any facilities used for providing the Criminal Justice Services. Section 7. Additional Terms and Conditions. A. Relationship of the Parties: 1. 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. 2. 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. 3. Nothing contained in this Agreement shall be considered as in any way constituting a partnership between the City and the County. 4. 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. 5. The persons providing Criminal Justice Services under this Agreement are independent contractors with the authority to control and direct the performance of the Criminal Justice Services. Implementation of the Criminal Justice Services shall be solely within the discretion of the persons providing the Criminal Justice Services. The persons providing the Criminal Justice Services shall be responsible solely and entirely for their acts and for the acts of its agents, employees, servants, subcontractors, or representatives during the performance of this Agreement. 6. The City shall not exercise control and direction over the work of the persons providing the Criminal Justice Services. However,the results of the Criminal Justice Service 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. 6 7. The City is not required to nor shall it provide any benefits to the persons performing the Criminal Justice Services, except as specifically provided in this Agreement. B. Duration and Termination: 1. This Agreement shall be in force and effect on January 1, 2022, and shall remain in effect(a)for a period often years;or(b)until the legislature amends RCW9,34'.18 to affect the relationship of the Parties pursuant to that law; or (c) until terminated by either Party as provided for in Section 7.13.2, whichever shall occur first. 2. 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 3_934,1_80. C. 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 Jefferson County. This review shall be conducted by a committee composed of. One(1) County Commissioner; the Jefferson County Sheriff, the Jefferson County Prosecuting Attorney; the Judge of the Jefferson County District Court; the City Manager of Port Townsend; One (1) Port Townsend 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 � .4.1,80; 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. D. o l himrd-Warty F3et eficiarics. There are no third-party beneficiaries of this Agreement. E. Indemnification: I. 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. 2. 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 7 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. 3. 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. 4. This provision shall survive the termination of this Agreement. F. Non-Payment and ether 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 ?.B Duration and Termination, including any other remedy granted at law or in equity. G. 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 Jefferson 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. H. Notice- Any notice required to be given by either Party to the other shall be deposited in the United States mail, postage prepaid, addressed: To the County at: The Jefferson County Commissioners' Office P.O. Box 1220 Port Townsend, WA 98368 To the City at: 8 City Manager 250 Madison Street Port Townsend, WA 98368 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 in this section shall be construed to preclude personal service of any notice in the manner prescribed for personal service of a summons or other legal process. I. Entire A greernent: 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. J. FaWcdin 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. K. Construction of Aareement: The Parties negotiated this Agreement at arms-length, with the assistance and advice of competent, independent legal counsel. 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. L. q�xecution: 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. M. 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. N. No Joint Budget: This Agreement does not contemplate a joint budget. O. Prpmqy Acquisition and [Asposition: This Agreement does not contemplate the joint acquisition of property by the Parties.At termination,each Party will remain the sole owner of its own property. 9 P. Applicable Law and " nge: 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. The venue for any court action will be in Kitsap County Superior Court. Q. Nondiscrimination: 1. The Parties agree not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement 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, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. 2. The Parties shall comply with all federal, state, or local laws, ordinances, rules, or regulations with respect to nondiscrimination and equal employment opportunity applicable to the work to be done under this Agreement. 3. Violation of this section shall be a material breach of this Agreement and grounds for cancellation, termination or suspension, in whole or in part. R. '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. S. 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. T. Records Retention: The Parties shall keep and maintain all records required by law in connection with the performance of this Agreement. U. Public records Rei uests: 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 '7.C,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. 10 V. Challcng_cs: The entry into this Agreemcnt 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 Agreement. W. laal tl"ectiyes: Each Party agrees to aid and assist the other in carrying out the objectives of this Agreement. X. Authority: Each person who signed this Agreement acted with authority granted, where required, by a governing body of a Party. JEFFERSON COUNTY BOARD OF CITY OF PORT TOWNSEND COMMISSIONERS 12- Kate Kate dean,C:`hir Date � Sohn a � w� lanager Date .K r SEAL: ; r. ATTEST: Carolyn yalldway Date Clerk of the Board Approved as to LegaQ Form: Approved as to Legal Form: t October 28, 2021 Philip C. Hunsucker, Date Il .idit(Circenwoo i orney Date Chief Deputy Civil Prosecuting Attorney I approve the above Interlocal Agreement Between Jefferson County And the City of Port Townsend Regarding Criminal Justice Services JEFFERSON COUNTY DISTRICT COURT Mindy alker, District Court Judge Date: . ,,, JI+F "ERSON COUNTY SHERIFF Joe ole, Sheriff Date: ....,,........... ...........,,,,� JEFFERSON COUNTY PROSECUTING ATTORNEY �. Jar s �dy, P fig,-A -t rney _3..... N °.. ..... ........... �. ........ 12