HomeMy WebLinkAbout032111_ra02
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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO:
Board of County Commissioners
Philip Morley, County Administrator/
DATE:
March 14,2011
FROM:
SUBJECT: Amendment to Regional Service Agreements for Municipal Conrt and Jail Services,
and Public Health and Animal Services; City of Port Townsend
STATEMENT OF ISSUE:
Board of County Commissioner approval is requested for an agreement to amend two interlocal agreements
to provide regional services to the City of Port Townsend for municipal court and jail services, and animal
and public health services in calendar year 20 II.
ANALYSIS:
Jefferson County has long provided the City of Port Townsend with Municipal Court and Jail services and
Public Health and Animal Services. The County and the City entered into a Regional Service Agreement
for Municipal Court and Jail Services on July 16, 2008 (recorded at AFN 536232), adopted a first
amendment for 2009 (recorded at AFN 548030), and adopted a second amendment for 2010 (recorded at
AFN 556451). We also entered into a Regional Service Agreement for Public Health and Animal Services
for 2008-2010 on July 16,2008 (recorded at AFN 536370).
The attached proposed agreement would amend these prior agreements to:
. Continue all four regional services in 2011;
. Set 2011 annnal fees for Municipal Court $174,705, Jail $163,273, and Animal Services $50,127,
billed quarterly;
. In 2011 dedicate the City generated liquor excise tax to pay for Public Health services in Substance
Abuse Treatment and Prevention.
On March 7, 2011, the Port Townsend City Council voted to authorize City Manager David Timmons to
sign the 2011 agreement.
FISCAL IMPACT:
The proposed Amendment would maintain City reimbursement for District Court and Animal services at
the same level as 2010. Jail services would be paid at a rate approximating the tbree-year average of actual
jail payments by the City for 2007-2009, and Substance Abuse Treatment and Prevention would continue
to receive all of the liquor excise tax generated within Port Townsend.
RECOMMENDATION:
Approve and sign the proposed Amendment to the Regional Service Agreements for Municipal Court and
Jail Services,. and Public Health and Animal Services.
8h
. liilip M I , Coun:~tor
3(9//1'
Date
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Attachments:
. Proposed Amendment to the Regional Service Agreements for Municipal Court and Jail Services,
and Public Health and Animal Services, with Contract Review Form
. 2008 Regional Service Agreement for Municipal Court and Jail Services (AFN 536232)
. First Amendment for 2009 (AFN 548030)
. Second Amendment for 2010 (recorded atAFN 556451)
. Regional Service Agreement for Public Health and Animal Services for 2008-2010 (recorded at
AFN 536370)
AMENDMENT TO THE REGIONAL SERVICE AGREEMENTS
(Municipal Court and Jail Services; and Public Health and Animal Services)
by and between
Jefferson County
and
the City of Port Townsend
WHEREAS, Jefferson County (herein referred to as "County") and the City of Port
Townsend (here!n referred to as "City") entered into a Regional Service Agreement on July 16,
2008 (recorded at AFN 536232), providing for the County to provide Municipal Court and Jail
Services to the City (the "2008 Agreement for Municipal Court and Jail Services''); and
WHEREAS, the parties executed a first amendment to the 2008 Agreement for
Municipal Court and Jail Services on November 9, 2009 (recorded at AFN 548030), extending
the term and amending the terms of the Agreement; and
WHEREAS, the parties executed a second amendment to the 2008 Agreement for
Municipal Court and Jail Services on November 22,2010 (recorded at AFN 556451), extending
the term and amending the terms of the Agreement; and
WHEREAS, the parties entered into a Regional Service Agreement on July 16, 2008
(recorded at AFN 536370), providing for the County to provide Public Health and Animal
Services to the City (the "2008 Agreement for Public Health and Animal Services");
WHEREAS, the parties by this Amendment desire to further extend and amend the terms
of the 2008 Agreement for Municipal Court and Jail Services and the 2008 Agreement for Public
Health and Animal Services on the terms set forth in this Amendment; .
NOW, THEREFORE, the 2008 Agreement for Municipal Court and Jail Services as previously
amended and the 2008 Agreement for Public Health and Animal Services are hereby amended as
follows:
1. Amendment - Duration.
For Municipal Court and Jail Services, this Amendment shall be in effect for the period January
1,2011 to December31,2011.
1
2011 Amendment Regional Service Agreements
(Municipal Court and Jail Services. and
Public Health and Animal Services)
For Public Health and Animal Services, this Amendment shall be in effect for the period January
1,2010 to December 31, 2011.
2. Amendment - Fees.
2.1 Probation and Municipal Court Services. Section 5.1 of the 2008 Agreement
for Municipal Comt and Jail Services as previously amended, is further amended
to read in its entirety as follows:
5.1 Probation and Municipal Court.
For 2011, the City shall pay the sum of$174,705 (representing the average
cost for comt services for the years 2007-2009). This service also includes
comt security, public defeuse and probation services.
The City shall receive and retain all comt-ordered costs as defined in
RCW 10.01.160 or other statutes as a result of City cases, including but
not limited to:
. pre-trial supervision;
. deferred prosecution;
. preparing and serving warrants;
. incarceration;
. other costs of supervision, excluding probation;
. direct costs relating to evaluating and reporting to the court;
Pursuant to statute, the County shall be entitled to receive and retain all
comt-ordered costs for probation.
For costs paid by defendants for private services (for example, if the comt
orders a defendant to participate in pre-trial or post-trial supervision with
services provided by a private agency), the costs paid by the defendant for
those services would be paid to the City and they would be applied
directly to the agency's costs (unless the County paid the costs directly to
the agency).
All fines and forfeitures generated by City cases shall be deposited with
the City.
2.2 Jail Services.
2.2.1 Section 5.2.1 of the 2008 Agreement for Municipal Comt and Jail
Services as previously amended, is further amended to read in its entirety as
follows:
2 2011 Amendment Regional Servir:e Agreements
(Municipal Court and Jail Services, and
Public Health and Animal Servir:es)
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..........-... COUNTY Clift RGR 1l6. 00
Jefferson eounty Aud .erroo....
RETURN ADDRESS
Jefferson County Board of Commissioners
P.O. Box 1220/1820 Jefferson Street
Port Townsend. W A 98368
DOCUMENT TITLE
2 0
Please print neatly or type Information
REFERENCE NUMBER (S) OF RELATED DOCUME
GRANTOR (8) (Last. First and Middle Initial)
Jefferson County
Additional grantee on page
LEGAL DESCRIPTION
. . . lot, block, plat or edon, township, range.quarter/quarter}
Additional legal on page
PARCEL/ACCOUNT NUMBER
Additional parcel #'s on page
e information provided on this form. The staff will not read the document
Jeteness of the Indexing information provided herein.
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Jeff.r..... County Aud JEFI'ERllON CCUNTY COI'I RGR 55.1I0
(Municipal court ami Jail Services)
by and between
IU:GIONAL SERVICE AGREEMENT
Jeft'enon County
ami
THIS AGREEMENT'
TOWIIllCtId; a municipal <>>lpw.atit!7J.
City), and J~Ia"on County, a
Washington (hereinafter refetred the
~
. and between the City of Port
RlIhil'lg1coO. (1w1clnafter referred to as the
and political subdivision of the State of
). for certain Re&ioMl Serviees as descn'bed.
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Jaller.on (;oUrllv ~
WBEIlEAS. the City and the County ape that providing
regiomiI basis will provide more efficient, effective, and less costly services for .. within
both the City and UIlincol......IM portions of the County, thereby better
WllEllEAS. these regional services ate in addition WJed
by JefCen;on County, as a political subdivision of the State, on tizens of the
County funded by County JlIOP"'ty taxes levied on prc.~ ~ . and
WllEllEAS. the level of ti..hling . ~tlDs AGRBBMENT
......&01& and di~ to some extent, the scope o' that the County is
capable ofproviding pursuant to tlDs A make aU good faith efforts to
timd tlDs AGREEMENT in the fu.Il amount listed belo notify the County in writing as
soon as l-..6.aably and prac1icably possib when it finds it cannot; and
provicling such
. 99-076 and the County adopted
&mnme Joint Ventures of Common
. and
WHEREAS, the City
Resohition 96-99 declaring an Alntent
Service P1~amsiointly with ~
WHERE.4S,
iDto an A&1~ with
2001 and foUowing;
Resolution authorizing the City Manager to enter
Law and Justice Services for the Budget Year
~
goal of the C~ and County to serve their citizens by
on an equitable cost basis; and
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JeHerSCl'\ Cauntv Rud J~ COUN'rY COJlII At::R 6A ""
ReaioDa1 Sei. .ices Aw.eement: Muuieipa1 Court md JaB Senkes Paae 3
. WHEREAS, the City and the Coun1y have the technical and professional
expertise to provide services described in this agreement.
NOW, l'''l<itltFORE, in cDJlllideratlon of the M.a' CovePlJnta CoIdained
Herein, and pursuant to provisions of Cb. 39.34 RCW, the parties as= as follows:
1.
2.
AGREEMENT
PURPOSE. It is the purpose oftbis AGREEMENT
Court Services; and Jail kvices by CO
set forth the powers, rights, and responsi
city . Municipal
the County, and to
to this AGREBMENT.
DURATION. This AGREEMENT sba11 be .
this AGREEMENT are satisfied
2008. The re8JXlCtive legi..1Atttres of
AGREEMENT for one or more 0
~T\g their intent to do so not I
thisAGRBEMENT. 0
the tenDS of Section 7.3 of
at midnight on the 31st day ofDeeember,
to this AGREEMENT may extend this
approving and executing a dOCl~
-one (21) days before the G&}1hdtion of
3.
SUPERSEDES. This
all previous agreements or amendments.
4.
FUNDING
for ~ distn1>ution, when based on """Ulll
as the last quarter of the previous year and the fust
service
three
5.
The following program services shall be provided through this
made posslD1e by the County's JawfuIly adopted budget
( " . .
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11111~1\\181~~\~111~~~~3~23P
Jefle,BCn County _ JEFFORSON COUNTY CO~ Am 56.00
Reaioual Serriees AIP-mm: llrf........' Court and Jail Seniees rue 4
Ordinance and the City's flmdbtg ofthisAGREBMENT:
5.1 Municipal Court
Fund..., based on previous yeatS Municipal Court ...hainal citation and
infraction caseIoad filings as a percentage of total caselood filings of the
Hearings. The
"'"J"'lately
Exhibit B. This includes a
and ~ Italso
These W"<Y'mts ate adjusted
Townsend caseload filings as a ~.,lilF of
County District Court. All fines and
sbaIl be depudited with the City.
and
5.2.1 There
Jefferson County District Court. This service also incl
public defense and probation services. The fonm1]a is
(lJ1Cluding cost 11111V!A1PJd overhead). less State and
distnDuted by the p.acent of ~ load act:Mty
re:ndents in the Wlinco. pu.llOted area. The
distributed to the City is the City's share of thiS
shown on Exhibit A. Exlu'bit A incl
Infractions Filed; Citations Filed; Jw:y
dollar amount owed by the . CO
elsewhere in this
OOOA. &hate of Court Security
includes the District Court
relative to the City P
total case10ad filings of
forfeitures
'es:
5.2 Jail Services
rate (or May rate) charged to the City for each
by the County's Corrections Del""-~ for City
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09/05/_ 04,23P
Jefferson County Aud JEFFERSON COUNTY COP! AGR 86.00
Beat-I So,nll1' A..a.....eDt: Mon.......' Court and JaB Serriees
Pap 5
S.2.2 A City Tnmate ~ a person booked into or housed in the Jail when a
City cbaIge is the principal basis for booking or mmnh,g that peISOn. A
City charge is the pliDcipal basis for booking or confining a ~son whe.te
one or more of the foUowiDg applies, whether pte-trial or post-trial:
3.
A subject is arrested by any
.. . "'--C'
ot1gIftn....g ....lll a ity
initiated by a PI'PD
Prosecutor.
bya
1. A subject is aaested by aPI'PDOfficer fora via
ordn...nr.., or a violation of a state law that desi
a mi~""ntl1' or gross mlwm"4lIln'('.
2.
A subject is arrested on a tni""P.nt
PI'PD Officer citation issued by the
4.
with a probation violation on a obarge
milrden'l~onr or gross mi.....,...,eanor charge
or a citation filed by the City
s.
or confined by reason of sv~on 1
m combination with charges, investigations of
of other SOV"'"""'eJIts, and the booking or
reason of subsection 1 through 4 above is
to be the most serious charge. A felony shall always
serious charge. Where the combination of charges
are misdemeanors from multiple jurisdictions. the charges
sba1l be the longest sel\te1tee ('If seatenced). or the highest
tal balL
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Jefferson Count. Aud JEFl'ERSON COUNTY COIl ~05I~llIl04'23P
.LaiODaI Set-tiees Aateement: ~"I Court and Jail Services Paae (j
PROVIDED:
a. A City charge (set forth above) is not the principal basis for
CQftf1n1ng a person. and the day rate shall not apply, where
the txlfSOI1 is booked or confined exclusively or in
combination with other cfuuaes by f a felony
dlqe or felony investigation.
b. A City charge filed (set forth
basis for ~"fl..l.lg a person,
apply, where the pttson is
combination with other
dmrge or felony investi
State or City
c. The day rate those IlI'lIlSted by City law
enfU!~IPent 0 result ofvv.........a:. that did not
or P.m~ with the City.
5.2.3 The day rate sbaIl king 0CCUtS and is chargeable to the
City, then the . charged. to the City for that person
putSUlI1lt shall be one day's day rate or $69.50. The
City sbal1 be 9.50 for each additional day a person I.....Alnll in
the . ODS when that pen;on's custody by Co\Dl1y
Ie to the City. The charge to the City for the day of
from Co\Dl1y Corrections custody shall be not less than
released before 1700 hours or 5:00 PM. local time and
released after 1700 hours or 5:00 PM 1ocal1ime.
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08/0512008 04,23P
Jefferson CWntv Aud JEFl'ERIlON c;otJNTY l;C1'I RGR 58.00
Reaiomd Serrices Aareemeat: MuDieipld Court ad Jail Services Paae 7
5.2.4 The parties endorse recovery of costs incurred due to emergeney response
and incarceration and other penalties set by the.legl~lg\'\1I'C to the extent
B110wable 8nd 3ffalNohle, including, recovery for costs of inca1......cltion
(RCW9.94A.760, RCW 10.01.160), and restitution for emergency
lesponse (R.CW 38.52.430), and agree to c..1Ul:""uate to have the Court
hnpose and collect to the extent JIOSSl'ble allowable fin costs. In
addition, the parties agree to work together to reduce jail
altematives to n..-.....cIti.m. for example, home
Court utilize suCh alternatives where appro
6. COUNTY PERFORMANCE. The County agrees as fo
6.1 The County shall sufficiently staff: operate
level commensurate with those serv:i
authorized by the lawfully adopted
6.2 The County sba1l ma:llIH:" records CS fthe operation of said
contracted serv:ices for and fl....nclAI purposes. The County sba1l,
upon xequest of the City, of actMties and Amm...es related to said
ac1ivities. but need not do per 30 days. The County will tumish
a quarterly s1lJtemeM for billing per this agreement
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6.3 The County sba1l said serv:ices in accordance with all
applicable state and codes.
6.4' On a City to tract and audit costs, the County shall
'on of City cases in Municipal Court, and City
7.
~1 ~forand~,theCountyforserv:icesperthe~as~
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Jeff....an CcMltv Aud JEFFERSON CCl\JNTY COI'I ~1l6/~lllI04,23P
ReaioDal Serrices A.aMlulIm MUDielpal Court aDd JIIil Senices raKe .,
below. Reimbursement sbaIl be made as follows: 1he first of four quarterly
payments equal to 25% of the amount shown sbaIl be made no later than fifteen
(15) bv~.days aflerthe last party executes thisAgreemeDt and 1hen there
sbaIl be additional '1111Ull;aly payments made on May 1,2ilO8, August I, 2008 and
November 1,2008.
7.2.1 The City sbaIl reimburse
aetual rate of cost incurred per ty i....._ For })lUplise8 of this
agreement. billing c:a1cuIated to include all Emergency Medic411
Services, &o.etgency . ces, Hospital. Physician and f11~iption
charges incurred the . e in the custody of the County.
7.1.1 ReimtnAsunentfor Regional Services
Service Annual
Municipal Court 5181.415
Total 5181,415
7.2 In addition to the qUlll1etly paiweuts olrtlined in
reimburse the County for Jail Services as
above. Billing sbaIl be c:a1cuIated for each c:a1
quarterly.
7.3 its obligations pursuant to this
until the City h>l' ,_its the following to 1he
copy oftbls AGREEMENT, 2) a copy of
other executed dnMtmf'!J1t authorizing execution of
official or agent on behalf of the City, and 3) a
's budget OrdinAn..,e for the year 2008.
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Jeffer.'" Countv flud JEFFERSON COUNTY CC" AGR 116.00
ReeioJUd Seniees A,....-.ent: MUDidpal Court and Jail s... .lees
Paae ,
8. LIABILITIES. Eitcept for liability that is subject to immunity as provided in Chapter
38.52 RCW, each party agrees to defend;in~. and to hold the other party hiItm1ess
from any elA1mll directly teSV1m,g from such party's sole negligence and from actions or
omlainns that are solely attributable to any employee, official, or agent of such party.
,. DISPUTES BETWEEN THE PARTIES. The following dispute reso
sba1l govern this agreement:
9.1 Should a dispute arise between the City and the County lve
the same by sub/ttifflrlg the dispute for reso111Mn by the
parties or non-MncJi"i mediation through the P lotion
Center. The med1atnr sba1l be selected by m parties and the
cost of rnedillfion sba1l be shared equally . Should the parties
be unable to negotiate a resolution or to a resolution to a
dispute. then the parties agree to described with RCW
39.34.180(3), which calls for . . a three-person ...hitlation
panel
9.2 In the event a di,mte over this AGREEMENT nem,J,tldes the
procurement onega} servi party shall be entitled to >easo.Dable
attorneys fees and costs.
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93 Neither party to this ClIJl fl'IJ'mlnAt.. this AGRBBMENT pursuant
to Section 10.3.1 Aconsistent 1*l~'.' of violation, etc...
unless first County Administrator or City Manager in
COnstitute an alleged Aeonsistent palte. .1 of violation
this AGRBEMENT that is a1legedly not in compliance
tm (10) lv~. days to cure or {emedy the aU~
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Jelleraon Coo.nlY A\ld JEFFERSCN OOUNTY CO~ AGR 56.00
Resio1l8l Swnlnr Ap~ent: M-.......I Court and Jail SeJ'Vices Pap 10
10. MODIFICATION, "'uHDRAWALAND TERMlNATlON. Tbisagreem.entmaybe
modified, withdrawn or '.......matM as follows:
10.1 This AGREEMENT may be modified or ~ in duration by mutual
agteement of the parties.
following ~....L"dMII~~
. eact
10.2 The parties hereto may withdraw from this AGREEMBNT on!
by their ..:pH... ..t.ative governing body communicated to
writing. Such withdrawal by the County sbaIl be
midnight of the ninetieth (90) day following notice 0
withdrawal by the City shall be made pursuant to R!
3.50.810.
10.3 T.....mnAlionofthisAGREEMENT
10.3.1 The County detennme!l that a ofvio1ation. abuse. or
disregard of:iidi~: a users personnel exists. and such
f1ndingisco--~in writing.
10.4 The parties to this AG that all terms of this AGREEMENT shall
be subject to ~ ' but not to termination. if during the term
oftbis A . ofticer(s) orthe City certifies in writing
to the County the City, J--- of ........J....:ted and/or
Ie financial occurrences, events or constraints,
AGREEMENT in an amount that 1'<oj)J~ less than
~ of the gross aonual ~1amount listed in Section
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Jeflerson County Aud JEFFERSllH COUNTY CCl'I ~05/20l'J8 fIl4,23P
RcaionaI ServIces A.Peemeut: MI'IJIieIpaI Court aJUl JaB SerrieelI iLl II
11. GENERAL TERMS. The following geni:ral terms shall govern this ~
11.1 This AGREEMENT CC>4tains terms and c:onditions agreed upon by 1he parties.
The parties agree that there are no other ~ ..<fA,..U'lgs. otaI. or o1herwise,
regatding 1he subject matter of this AGREEMENT.
11.2.1 In the performance of this AGREEMENT, the
and agents sba1l at all times comply with any
1aws, ord~ rules or regulations with
and equal employment CIll1^"tuaiiy, . a be applicable.
11.2.2 WIthout limiting 1he of e 11 the parties shall not
discriminate against any 1 yee or t for employment bel:avse
of race. color, teligion, age. . hattdicap or marital
status. and as required by law the sba1l take "f1'i1mAtive action to
ensure that appli Ioyed and that employees are treated during
employment without . race. color, religion, age, sex, national
origin. handicap
11.2 NondisciimiDatio Equal Employment Opportunity.
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. employees and agents shall not at any time
persons or entity becav5" of race. color,
. anal origin. handicap or mari1a1 status. nor sba1l1he
r owingly permit 1heir agents and employees to
harassment.
keep and mAintJrin any and all records which may be
by law in cx.nnection with compliance with this section.
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Jefferson CounlY Aul:l JEFFERSON COUNTY COM AGR 58..
ReIIonal L. ins Aareement: M......l Court and JaB Services Paae 11
11.3 Wage and Hour Laws. The parties shall at all times comply with all applicable
provisions of the Fair Labor Standards Act (FLSA) and any other federal or state
legislation ~ff.,.<li"g its employees, and the rules and regulations issued there
under. insofar as applieable to its employees.
12. MUTUAL OBJECTIVES. Each party agn:es to aid and assist the
accompH..nir1g the objectives of this AGREEMENT.
13. BINDER. This AGREEMENT shall be binding UPOD the
and assigos.
IN WITNESS WHEREOF, we here unto attach our si
2008.
COUNTY
OMMISSIONERS
CITY OF PORT TOWNSEND
-
(J f /IJI/I/) f
\
DavidT
C'rty Mauager
ROVED AS TO LEGAL FORM:
cDa~ Q~lrz.~)f) g
David Alvarez, Deputy Pro~
Attorney
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A1TEST:
~~a~er~~
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IIIIIIHI~I~I~~~~ .
.Jefferson COlMttv AutI olEFFEIlSON COUNTY COIl !!!,!llIl12llll8 1I4,23P
_ SS.lIlIl
EXHIBIT A
BY FlUNGS
.JefI'enIo1l Port
County Townnnd
Iuf.a..tlonS Filed
name 6251
Non 1i'affIc: 228
Parking 6
SUbtotal 648S
CItatIons flied
DWI
Other 1i'affIc:
Mlsdlmeanor
SUbtotal
Jury1i1afs
Other Hearings
Total
161
396
483
1
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222
506
635
1363
43
6618
15535
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.,."......M:...tv o..,e _.~ r.ttltNTV r.mt .. M"
EXHIBIT B
PI..... 2007
All 15535
Polt Townsend 3315
Port Towl\S8l'td % 21.73%
Court securItY 2008
Salary $ 35,779
OVerhead 18.32% $ 6,555
BenefIts $ 16,883
Total $ 59,217
60% to DIStrIct Court $ 35,530 $
$
",Id. Court
DIstrict COUrt Budget
SUbtotal
Port TOWIUIl8ftCII'fIInp 21.7Mb
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548030 PGS:7AGR
11118/_ ea,ll2 PII sse.llll ......._ COltITY COIIIIISSIONERS
.Jeffar_ County WA _1Ior'. Offi.... - Ilanna Elc11'ldgo, _!tor
lID I'.P.UII'I~ MlitIl'iI',I~Jti.""'1 DI
r-, - .T' ~
RETURN ADDRESS
1efferson County Cnmml!lSioners
P.O. Box 1220
Port Townsend. W A 98368
Please print neatly or type information
DOCUMENT TITLE
. .
REFERENCE NUMBER (8) OF RELATED
#'8 on page
Additlon8l grantor on page
Additional grantee on page
LEGAL DES
range.quarterlquarteJ:
form: Le. lot. block, plat or section, \OWIl8hlp,
Adclltlonallegalon page
ROPERTY TAX PARCEUACCOUNTNUMBER
AdcIitIonal parcel #'8 on
The AudltorIReeorder wID rely on the lntu.,natIon provided on this form. The staff wID not read the document
to verify the accuracy or completeness of the indexing Informatlon provided heraln.
_wwv . Q~ ... v.. .., It",......,..,..,..,......,... . ,.,
t ""t ,. a
AMENDMENT TO THE REGIONAL SERVIp: AGREEMENT
(Municipa1 Court and Jail Serviees)
by and between
Jefferson County
and
WHEREAS, Jefferson County (herein ref!
Townsend (herein referred to as "City") entered into
2008 (recorded at AFN 536232), providing for the Co
Services to the City (the "2008 Agreement unicipal
and the City of Port
'00 Agreement on July 16,
Municipal Court and Jail
and Jail Services"); and
WHEREAS, the parties by this Am to extend and amend the 2008
Agreentelrt for Municipal Court and Jail set forth in this Amen~
NOW, UIJ1;KEFORE, the 2008 A~~~
amended as follows: 0 ~
1. Amendment - Duratio<; 2 'on is amended to read:
2. DUM shall be in effect when the te.nns ofSec1ion
7.3 of are satisfied and terminAte at midnight on the 31st day
of respective legi"lsmu:es of the parties to this
AG extend this AGREEMENT for one or more one-year periods
by executing a document stating their intent to do so not less than
days before the expiration of this AGREEMENT.
1
Amendment to Rsgional Service Agreement
(Municiptzl Court and Jail Senices)
--..vVVV I "'l:I" v __. . II ....,..""..."....".. . In
t_ "-, .. "",
2. Amendment - Fees for Probation and Court Services. Subsection 5.1 Municipal Court is
llftI"'""''''' to read:
5.1 Municipal Court.
Fnnd;ng based on previous years Municipal Court criminal citation and infraction
caseload filings as a peI\;CD.tage of total caseload filings of the Jefferson County
District Court. This service also includes court security, public de and
probation services. The formula is total program costs (including allocated
overhead), less State and Federal grants distributed by the 0 load
activity bctwONA City residents and residents in the .
amount ofprogram costs distributed to the City is the C'
service and as shown on Exhibit A for 2008 and Exhi .
and A-2 include the following categories: Jnfracti.ons F
Trials; and Other Hearings. The dollar amount 0
Jisted sepa...ately elsewhere in this ~ent
and Exhibit B-2 for 2009. This includes a 0 f
benefits. and overhead. It also includes
amounts are adjusted relative to the' fPort 0
per...wage of total caseload filings of e
In addition to other COIn.peIl~the CountY be entitled, effective January
1,2009, to receive and retain . ,.ordered costs as defined in RCW 10.01.160
that would have been paid ~I as result of City cases, including:
. pre-trial supervision;
. deferredpro~'o
. pu.pa...:ng and ;
. incarceration;
. other costs ~ including probation;
. diI",:~.d:s ~ evaluating and reporting to the court.
The abo ~~ costs paid for private services. For example, if the
court a ~ to participate in pre-trial or post-trial supervision with
servi a private agency, the costs paid by the defendant for those
servi be' to the City to be applied directly to the agency's costs
~ paid the costs directly to the agency). All fines and forfeitures
o court-ordered costs as defined in RCW 10.01.160 generated by City
. ts be deposited with the City.
~
2
Amsndment to.Rsgltmal Sentce Agreement
(M1JnicIpal Court and Jail Servieea)
_vvv . a~ ... v. . . II .V..VV_....V. . ...
... -\ ..'l
3. Amendment - Day rates for JaB Services. Subsection 5.2.3 is amended to read:
5.2.3 The day rate sball be $69.50 for 2008 and $73.25 for 2009. Ifbooking
ocems and is chargeable to the City, then the minimum amount charged to
the City for that person pursuant to this AGREEMENT sball be one day's
day rate or $69.50 for 2008 and $73.25 for 2009. The City sball be
charged $69.50 for each additional day a person remAinll in the custody of
County COITeCtions when that person's custody by Coun: . ons is
chargeable to the City. The charge to the City for the ease of a
person from Coimty COITeCtions custody sball be not 4.75 for
2008 and $36.65 for 2009 to those released before :00 PM.
local time and $69.50 for 2008 and $73.25 for 2 ~ after
1700 hours or 5:00 PM local time. ~
4. Amendment - Payment schedule. Subsection 7.1 is amend~ """
7.1 To contract for and reimburse the Co fj ~ amount as shown
below. In 2008 reimbursement sball : the fust offour quarterly
payments equal to 2$% of the amount made no later than fifteen
(15) business days after the last party ex1 . ~ent and then there
"""..__y~ .,...2008._1.200....
November I, 2008. In 2009 ent for all four quarters sball be made no
later than fifteen (15) business the last party executes this Agreement.
7.1.1 ReimbursemeI)tJor~' 'ces for Municipal Court in 2008:
Service v~ Annual Quarterlv
Municipal Court $181,415 $45,353.75
Total $181,415 $45,353.75
7.1.2 Ri'
. onal Services for Municipal Court in 2009:
Annual
$199,570
$199,570
@
~
3
Amendment to Regional Service Agreement
(Municipal COfITt and Jail Services)
+...l.. . . ..-'"
_v"'v . atf"iJ ... VI , . II Ivr.V"~".". I '.1
5. Other Terms Not Atteded. Except as set forth in this Amendment, aU other sections of the
2008 Agreement for Municipal Court and Jail Services remain in full force and effect.
*IN ~ WHEREOF, the parties have cause<:J this AwP.ndment to be executed this
g:::. day of ~. .2009.
~ty AWl Y
ATTEST: ~~:
fi ~ _ 'MA <) ": 0};;;j.l;.t ~ #Ab, 4
{S;S
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
d~RY#I' -
Chairman
APPROVED AS TO LEGAL FORM:
&)atW\ ~~~
Deputy Prosecuting Attome
AL FORM:
4 Amendment to Regio1Ial Service Agreement
(Municipal Court and Jail ServIces)
V""I'UV_ . q"V V v.. . II .V'AoVVVV...V. . ...
<t. ...~ .> " ~ ~
EXHIBIT A-2
Jefferson County District Court Filings
I DIstrIct Court F1nnaa
PorlTownsend
Coun
AD
Il~ns I c:ns I
1,066 281
5735 1,142
6,801 1,423
Jury
TrlaIs
17
50
67
Other
Hearll1lls
2,202
5m
7,974
Port Townsend %
5
AmenIInumt to&glona1 Service Agreement
(Municipal Court and Jail.Servtces)
.....
..
VO'I'VVVV . Cll",", . V., . II ."'..""..."...".. . 1ft
~-~ <c. ~.,..f--r-
ExHIBIT B-2
......n County DhlIIlct Court COIIl8
I COet CatIIIOdet
Court SecurItY Budget DI8lrict & Superior Courts:
SaJary
OYet1.ead 18.73%
Be. tdfil&
TTl DI8lrict & SuperIor Courts
au: I
$ 40,062
$ 7.604
$ 18,106
$ 65,672
DWiIct Court 8IIanI of 8ecUrItJ 60% to DIsIrIct Court
..blctCourtBudget $ 874,116
PubIIo ~tder $ 497 60% to DIsIrIct Court
TOIaI DIlItrfCt Court COIIl8
Port TGWIlI.ncI % from Exhibit A: 21.82%
Port Towlllefld AIJoaated COet $1
6
Amendmsnt to RsgionaI Sem:e Agreeinent
{MtmIcipal COIlI'tand Jail SeriIces)
."
~~.,_':~
~~g~~1ca ~~~~~~ AtJ~!Q-
.l8Ir.~lt\J."l1t'illiJJ,Wn<<H&lHli\i~ iut
RETURN ADDRESS
Jefferson County Commissioners
_P.o. Box 1220
_Port Townsend. WA 98388
Please print neatly Of type Information
DOCUMENT TITLE
. al Sel:'Yices
REFERENCE NUMBER (S) OF RELATED
536232 548030
Additional arantor an aaaa
Additional arantee on aaaa
LEGAL DESC
A
~ Addltlonalleaal on
~ PROPERTY TAX PARCEUACCOUNT NUMBER
The AuditarJRecorder wlII rely on the inform8lIon provlded on this form. The staff will not raad the document to
verify tha accuracy or completeness of \he lndmdng Informatlon provided herein.
--
~- . . ..,
~~-:-.=~
.... .
.
556461 Page 2 of3 12/131201003:44 PM
AMENDMENT NO.:Z TO mE REGIONAL SERVICE AGREEMENT
(M11Diclpal Court llJId Jail Servllles)
by ad betweea
Jefferson County
ad
the City of Port Townsend
WHEREAS, Jefferson County (herein refelTed
Townsend (herein referred to as "City") entered into
2008 (recorded at AFN 536232), providing for the
Services to the City (the "2008 Agreement for Muni
WHEREAS, the parties executed a ~ent to the 2008 Agreement for
Municipal Court and Jail Services on Novem 9, 009 (recorded at AFN 548030), extending
the term and amending the terms Ofthe~ A
WHEREAS, the parties by)h!s t o. 2 desire to further extend and amend the
2008 Agreement for Municipal Colui~~ ces on the terms set forth in this second
Amendment; 7 '>)
NOW, THEREFORE, the2~~ for Municipal Court and Jail Services as previously
amended isherebyam~~ ~
1. Amendment. D ~ ~ 2 Duration is amended to read:
Z. O. . AGREEMENT sha1l be in effect when the terms of Section
is G MENT are satisfied and lllrminate at midnight on the 31st day
010.
tC~ fj r Probation and Court Services. Subsection 5.1 Municipal Court is
shall pay the sum ofSl99,570 for 2010.
I Amendment No. 21t1 RegimztJl SmvIce AgrI/eme1lt
(M1I1llt:ipal CDIHl tmd Jail Servk:es)
~ - . ..,.
~Y~-~V~
..
'I.' ....
556461 Page 3 of3 12/131201003:44 PM
3. AmendlneDt - Day rata for Jail Services. Subsec:ti.on 5.2.3 is amended to read:
5.2.3 The day rate shall be $69.50 for 2008, $73.25 for 2009 and $76.40 for
2010. Ifbooking occurs and is chargeable to the City, then the minimum
amount charged to the City for that person pursuant to this AGREEMENT
shall be one day's day rate or $69.50 for 2008. $73.25 for 009 and $76.40
for 2010. The City shall be charged $76.40 in 2010 for i:I1 . 'onal
day a person remains In the custody of Connty . ons ti that
person's custody by Connty Corrections is chargeabl . . The
charge to the City for the day of release of a
Corrections custody shall be not less than $34.7 ~ $36 S
2009 and $38.20 for 2010 to those released b re 700 0 5:00 PM.
local time and 569.50 for 2008, $73.25 for 2 . In 2010 to
those released after 1700 hours or 5:00 P .
4. Amendment - Payment sdIedule. Subsection 7.1 .
7.1
5. Other Terms Not Affected. Except as ~in this Amendment No. 2, all other sections
of the 2008 Agreement for Mnnicipal Court 1 Services as previously amended remain In
full force and effect.
caused this Amendment to be executed this
,2010.
CITY OF PORT TOWNSEND
~L
APPROVED AS TO LEGAL FORM:
<TL-r:--J2-=-
City Attorney
Q:~L ~4.~ _
City Clerk ~
2 Amendment No. 2 to RegItnud SerYke AgreemBll1
(MunIdpa/ Court tmd Jail ServIus)
,.;<" - \_~
1IIImllllllll~lllnll~III~II;::~~~0
JeFf..,.s.., County Awl .lS'FERSaN c:ouJm' CO~ 08/12121ll18 10:_
_ n.n
RETURN ADDRESS
Jefferson County Board of Commissioners
P.O. Box 1220/1820 Jefferson Street
Port Townsend. WA98368
DOCUMENT TITLE
Re' al Servi
Public Health and
Please print neatly or type Information
REFERENCE NUMBER(S) OF RELATED DO
GRANTOR (8) (Last, First and Middle Initial)
Jefferson County
LEGAL DESCRlPTION (Abb
Additional grantee on page
. Jot. bloCk. plat or seclion. township. range,quarter/quarter)
Additional legal on page
PARCEUACCOUNTNUMBER
Additional parcel #'8 on page
".""'~~~ .__~.._. "",...wm",,,,,.._
to verify the accu e eteness of the indexing information provided herein.
~
,~
.
,
\IIIIIII~~I;~~,-
Jefferson County Aud JEFF!IlSON
REGIONAL SERVICE AGREEMENT
(PUBLIC HEALTH and ANIMAL SERVlC
by and between
Jefferson Connty
and
the City of Port Townsen
THIS AGREEMENT is entered in
a municipal corporation of the State ofWasbingto
Jefferson County, a municipal corporation and poli '
__to"1hec.-...~
the City ofPort Townsend,
erred to as the City), and
, n of the State of Washington
'ces as described.
'ts local governmental units to make
e with other localities on the basis of mutual
WHEREAS, Chapter 39. 4
official use of their powers enab~~~
advantage; and 7 ~
WHE , th r?an 6e County agree that providing certain services on a
regional basis will ~ ~ effective, and less costly services for citizens within
both the City and 'ODS of the County, thereby better serving the public; and
regional services are in addition to statutory services provided
by Jefferson Coun , , 'cal subdivision of the State, on bebalfofall the citizens of the
Com>Iy~_t.,,,. "Mol 00_ '""'" Port T_ "'"
~
.
Ilmlll~IIII~IIIII~II~2~~7~~43R
Jelle..on County Aud .lEFFERSON COUNTY <:OM - 50.00
Rexional Services Agreement: Health and Human Services PaJl:e 2
WHEREAS, the level of funding provided by the City for this AGREEMENT
controls and dictates, to some extent, the scope and quantity of services that the County is capable
of providing pursuant to this AGREEMENT, the City shall make all good faith efforts to fund
this AGREEMENT in the full amount listed below and shall notifY the County in writing as soon
as reasonably and practicably possible if and when it finds it cannot.
.
WHEREAS, the City adopted a Resolution auth
execute an Agreement on behalf of the City regarding Jefferson
Health and Human Services for the Budget Year 2008. 0
W1lEREAS, the City adopted Resolution 99-076 and the Co
resolution 96-99 declaring an Intent to Facilitate and Examine Joint Yen
Programs Jointly with City of Port Townsend; and
WHEREAS, the City and the County
expertise to provide services described in ent.
PURPOSE. It is e
with Animal
and such oth
the Coun
the pow
of . AGREEMENT to have the County provide the City
stance Abuse, Treatment and Prevention Programs;
be provided at the discretion of and under the corrtrol of
and Human Services Community Health and to set forth
'bilities of the parties to this AGREEMENT.
1.
@
~
Illmlllllll~lllllIlu~nll :~~~~43A
Jefferson Countv Alld JEFFERSON COUNTY CO" AGR 5Il.ee
Reaional Services Ae;reement: Health and Human Services
Page 3
2. DURATION. This AGREEMENT shall be in effect when the terms of Section 7.3 of this
AGREEMENT are satisfied and tenninate at midnight on the 31 st day of December, 2010.
The duration of this AGREEMENT can be extended for additional one-year periods by a
written document executed and approved by the respective legislatures of the parties not
less than twenty-one (21) days before the expiration date of this AGREEMENT.
5.1 Substance Abuse -Treatment and
Funding to be equal to one hun t (100%) of the City generated
liquor excise tax, al as General Fund Revenue Account
336.060.94.
3. SUPERSEDES. This agreement supersedes all previous agreements 0
4. FUNDING FORMULA. The formula for funding distribution,
service activity, shall be caleulated as the last quarter of the
three quiuters of the CUJreIlt year.
S. PROGRAM SERVICES. The following program s
agreement, to the extent made possible by the Co~
Ordinance and the City=S funding of this A
5.2 Animal Services
Funding b~~ e of AnimAl Service caseload activities
generated by C ts (caseload -adoptions, call outs, reportable
incidents m ). The formula is total program costs (including
cost all ), less State and Federal grants and fines and fees,
distributed by the percent of case load activity between
residents in the unincorporated area. The amount of
costll mstributed to the City is the City=s share of this regional
@
~
.' "
0 .
, .
"
111111~11~~1~1~1~~11~~~~0
Jeffe,- ~--ty .,~ =~_. _._ 1l8/12/2008 10,43A
.-. ~ - .~.~..~.., COM AM 80.00
Reaional Services Aweement: Health and Human Services
Page 4
6. COUNTY PERFORMANCE. The County agrees as follows:
6.1 The County shall sufficiently staff, operate and maintain contJ:acted services at a
level commensurate with those services as currently provided to the extent
authorized by the lawfully adopted budget Ordinances of the City and County.
6.2 The County shall maintain records and statistics of the o~on
services for administrative and financial purposes. The Cd
of the City, furnish a monthly report of activities and
activities. The County will furnish a quarterly sta se of billing
per this agreement.
rdance with all
6.3 The County shall operate and maintain said
applicable state laws, regulations,
7. CITY PERFORMANCE. The City agrees
7.1 To contract for and reimb County for services per the amount as shown
e' four quarterly payments equal to 25% of
the amount shown, the b . g due no later than fifteen (15) business
days after the last ~ . greement, the remaining quarterly
payments being d~~ ~, September 1,2008, November 1,2008,
January I, 2009, J ~,~ber 1,2009 and November 1, 2009, January
1,2010, June 1, 0 0, S t her 1,2010 and November 1, 2010.
r Regional Services
Annual
$50,126.61
See (Section 5.1)
$50,126.61
Quarterlv
@
~
"
1111111111~11111~1~~1~~~~0
Jeffers"" County Aud JEFFERSON COUllTY COIl ~12/r0010'43A
Re2ional Services AflI'eement: Health and Human Services
Pll2eS
In addition, the City shall be responsible for an amount for Substance Abuse
pursuant to section 5.1 oftbis Agreement, with payment made within 30 days of
the date liquor excise taxes are received by the City.
7.3 The obligation of the County to perform its obligations pursuant to this
AGREEMENT shall not accrue until the City transmits the foll 'g to the
County=s Administrator: 1) an executed copy of this AGRE 2) a copy of
the Resplution, Ordinance or other executed document a tion of
certified copy of the City=s budget Ordinance for th
8.
LIABILITIES. Except for liability that is subject to .
38.52 RCW, each party agrees to defend, indemnify,
from any claims directly resulting from su s sol
omissions that are solely attributable to an
pro in Chapter
e other party harmless
ce and from actions or
'a1, or agent of such party.
9.
DISPUTES BETWEEN THE PARTIES.
shall govern this agreement:
0110 . g dispute resolution mechanisms
9.1 Should a dispute arise b d the County, the parties may resolve
the same by submitting lution by negotiation between the
parties or non-bin~ 0 ugh the Peninsula Dispute Resolution
Center. The mediator~ ~ ed by mutual agreement of the parties and the
cost of mediation I}'~ equally between the parties. Should the parties
be unable to n ution or refuse to accept a mediated resolution to a
that the proper venue for any legal action regarding
be the Jefferson County Superior Court.
9.2 te over the terms oftbis AGREEMENT necessitates the
t egal services, the preval1ing party shall be entitled to reasonable
(gr~~
~
1'. ~ ~~
. ,
.
Iml~1 ~III ~11111~~2~~~~43R
Jeff......, County Aud JEFFERSON COUNTY COI'I RGR 50.00
.'
Reflional Services Aareement: Health and Human Services
Pa~e 6
9.3 Neither party to this AGREEMENT can terminate this AGREEMENT pursuant to
Section 10.3.1 below for an alleged Aconsistent pattern of violation, etc...@ unless
they first notify the respective County or City Administrator in writing of the facts
which constitute an alleged Aconsistent pattern of violation@ and provide the party
to this AGREEMENT that is allegedly not in compliance with . s AGREEMENT
ten (10) business days to cure or remedy the alleged failure of ceo
10.4
Termination of this AG e imposed upon any user under the
following crrcumszJces: 0
10.3.1 TheCoun ~ethataconsistentpattemofviOlatiOn,
abuse, or: di operational policies by a users personnel exists, and
~~ unicated to the parties in writing.
. es ~EMENT agree that all terms of this AGREEMENT shall
tiation and review if during the term of this AGREEMENT the
fficer(s) of the City certifies in writing to the County
r that the City, because of unexpected and/or unforeseen and/or
MENT only by legislative act
to the other party in writing.
midnight of the ninetieth (90)
~ t~~
10.1 This AGREEMENT may be modified or ex
agreement of the parties.
10.2 The parties hereto may withdraw
by their representative governing
Such withdrawal shall be effective no
day following notice of wi
10.3
. . ,J ...
. -
.
.'
.
.
1111~~~~11~111::~~7~~43A
Jeffers"" ea.mtv A\ld JEFFERSON COUllTY COI'I RGR 5lI.aa
Reaional Services Aareement: Health and Human Services Page 7
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 gross annual contract amount listed in Section 7.1.1 of this
AGREEMENT.
11. GENERAL TERMS. The following general terms shall govern this a
11.1
ent:
This AGREEMENT contains terms and conditions
The parties agree that there are no other understandinglj oth
regarding the subject matter of this AGREEMENT. Q
(::)
11.2 Nondiscrimination; Equal Employment Oppo
11.2.1 In the performance of this AG
and agents shall at all times
laws, ordinances, rules or
and equal employment
. es and their employees
and all federal, state or local
ect to nondiscrimination
may at any time be applicable.
11.2.2 Without limiting the gen
discriminate a .
f the foregoing, the parties shall not
or applicant for employment because of
tiona! origin, handicap or marital status.
. es shall take affirmative action to eosure
p and that employees are treated during
emplo regard to their race, color, religion, age, sex, national
~ di .ta1 status.
11.2 3 F ~es and their employees and agents shall not at any time
against any other persons or entity because of race, color,
re' . on, a e, sex, national origin, handicap or marital status, nor shall the
gage in or knowingly permit their agents and employees to
in sexua1 harassment.
4,~ _.. '_,...
b '4 ,.
.., ~ .. ...
1IIIIIDIII~II~II::~~~0
Jefferson Count. Awl _ COlJNTV _ =12/:e"0Dl10:43A
Regional Semces Aareement: Health and Human Services Pqe 8
-
11.2.4 The parties shall keep and maintain any and all records which may be
required by law in connection with compliance with this section.
11.3 Wage and Hour Laws. The parties shall at all times comply with all applicable
provisions of the Fair Labor Standards Act (FLSA) and any other federal or state
legislation affecting its employees, and the rules and regulati there
under, insofar as applicable to its employees.
12. MUTUAL OBJECTIVES. Eacbparty agrees to aid and assi
accomplishing the objectives of this AGREEMENT.
13. B~ER. This AGREEMENT shall be binding upon ~
BSSlgn$. 0
IN WITNESS WHEREOF, we hereunto attach 0 I' day of
.;!'-
CITY OF PORT TOWNSEND
ATTEST:
~,
successors and
JI.4/V 2008.
Q COUNTY
BOARD OF COMMISSIONERS
APPROVED AS TO LEGAL FORM:
()~
fuR!uelie Dalzell, Prosecuting A:.
7}2.~/oJ>
ey
ATTEST:
~~::~Ofthe ~