HomeMy WebLinkAbout120417_ca04JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
Philip Morley, County Administrator
FROM: Tracie Bick
DATE: November 28, 2017
RE: Interlocal Agreement for District Court Services and
The City of Port Townsend
STATEMENT OF ISSUE: - The purpose of this agreement is to provide the City of Port
Townsend with Municipal Court services in the Jefferson County District Court, and establish
fees to be paid by the City of Port Townsend for infractions and for criminal actions filed in
the Jefferson County District Court for violations of state or local law, which are not felonies
ANALYSIS: The proposed covers years 2018-2020, and may be extended by mutual written
agreement. Under the agreement, budget estimates will be provided to the City by July 31
prior to each year, but actual fees would be calculated the following June. The date for the
first two quarter payments will be June 30, and subsequent payments will be quarterly
thereafter.
-Piss
jW
FISCAL IMPACT: Revenue--
$ 88 is estimated for 2018.
RECOMMENDATION: Execute the agreement as presented.
DEPARTMENT CONTACT: Tracie Bick
REVIEWED BY:
2�7
ip MoKCt� Administr r Date
INTERLOCAL AGREEMENT FOR DISTRICT
COURT SERVICES AND INDIGENT DEFENSE
SERVICES
BETWEEN JEFFERSON COUNTY AND THE CITY OF PORT
TOWNSEND 2018-2020
THIS AGREEMENT is entered into by and between JEFFERSON COUNTY ("COUNTY,") and the
CITY OF PORT TOWNSEND ("CITY.")
149XG)1IF411R
1. COUNTY and CITY wish to enter into an agreement for City Municipal Court services to be
provided through Jefferson County District Court and for indigent defense services to be provided through the
County's contracted provide-.
2. The COUNTY and the CITY wish to set the level of compensation pursuant to an
interlocal agreement between the CITY and the COUNTY as provided for in Chapter 39.34
RCW, the Interlocal Cooperation Act, at a mutually acceptable fee;
AGREEMENT
1. GENERAL
1.1 Purpose.
The purpose of this agreement is to provide the CITY with Municipal Court
services through the COUNTY'S District Court, to provide indigent defense
services to defendants in cases filed by the City, and to establish fees to be paid by
the CITY for infractions and for criminal actions filed in the Jefferson County
District Court for non -felony violations of state or local law.
1.2 Administration.
The administration of the terms of this agreement shall be done in the same
manner and by the same agency and agents as now administer Municipal Court
services in Jefferson County District Court. For purposes of contract
administration, the agent for the COUNTY shall be the District Court
Administrator and the agent for the CITY shall be the City Manager.
1.3 Pro e
This agreement does not provide for the acquisition, holding, or disposal of real
personal property.
1.4 Financing.
Under this Agreement, the CITY contracts with the COUNTY for certain services,
and as such, there shall be no financing or any joint or cooperative undertaking
pursuant to this agreement. There shall be no budget maintained for any joint or
cooperative undertaking pursuant to this agreement.
Jefferson County -City of Port Townsend
2018-2020 District Court/Indigent Defense
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1.5 Contract Review.
The CITY and COUNTY may schedule meetings including court, prosecution,
probation, and support staff, as mutually agreed, to discuss operational issues.
1.6 Indemnity.
COUNTY agrees to defend, indemnify, and hold the CITY harmless from and
against any claim, demand, action, or suit arising from the COUNTY'S negligent
supervision of misdemeanor defendants or probationers under this agreement
except where the COUNTY and CITY are jointly negligent or the CITY is
exclusively negligent.
COUNTY further agrees to defend, indemnify, and hold the CITY harmless from
and against any claim, demand, action, or suit arising from the provision of
indigent defense services by the COUNTY's contracted provider.
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 arising in whole or in part from the existence or effect 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 such ordinance, rule, or regulation at its sole expense. If judgment
concerning the enforceability and/or validity of any such CITY ordinance,
rule, or regulation is entered or damages are awarded against the CITY, the
COUNTY, or both, the CITY shall satisfy the same, including all chargeable
costs and attorney's fees.
Each party agrees to defend, indemnify, and to hold the other party harmless
from any claims directly resulting from such parry's sole negligence and from
actions or omissions that are solely attributable to any employee, official, agent
of such party. To the extent there is joint negligence, the parties shall be jointly
responsible as determined by a court of competent jurisdiction.
The terms of Section 1.6 "Indemnity" shall survive the termination or expiration
of this agreement.
2. FEES
2.1 Annual Fee.
The CITY agrees to pay annual fees to cover their pro -rata share of the
applicable costs of running District Court ("court"), as follows:
The annual fee shall be determined by calculating three (3) year rolling totals
of District Court cases and applying the formula described herein to those
rolling totals. Firstly, the COUNTY will calculate the 3 -year, rolling total
number of all cases filed with the court in each of the 3 most recent, full years,
Jefferson County -City of Port Townsend
2018-2020 District Court/Indigent Defense
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which total will be used in calculating the City's share of direct court costs
and security costs for District Court. Second, the COUNTY will calculate the
3 -year, rolling total number of all cases excluding infractions filed with the
court in each of the 3 most recent, full years, which total will be used in
calculating the City's share of indigent defense costs for District Court. Third,
the County will also calculate the 3 -year rolling total number of those "cases
filed by the CITY" as that term is defined elsewhere in this Section.
For the purpose of allocating the District Court's direct expenditures plus its
security costs, the CITY's percentage of all cases filed shall be computed by
dividing the number of cases filed by the CITY over the last three years
(numerator) by the number of all cases filed by all entities in District Court
over the last three years (denominator). The CITY's percentage of all cases
shall be applied against the next year's "budgeted District Court direct
expenditures" plus security costs for the court as shown in Exhibit 1.
For the purpose of allocating the District Court's indigent defense
expenditures, the CITY's percentage of all cases filed excluding infractions
cases shall be computed by dividing the number of cases filed by the CITY
over the last three years (numerator) by the number of all cases excluding
infractions filed by all entities in District Court over the last three years
(denominator). The CITY's percentage of all cases excluding infractions shall
be applied against the next year's indigent defense costs for District Court, as
shown in Exhibit 1.
Exhibit 2 gives an example, of how the annual fee for 2017 would be based on
the 2017 estimated budgeted District Court applicable expenditures and the
CITY's percentage of cases filed in 2014, 2015, and 2016.
The annual fee shall be paid in three installments the first of fifty percent
(50%) and the remaining 2 of twenty-five percent (25%), 1" payment paid by
the end of the second quarter no later than June 30. Remaining two payments
paid no later than, September 30, and December 31 of each year.
"Cases filed" means all cases filed in the court, including, civil, harassment,
small claims, criminal and infractions.
"Cases filed" shall be based on the published caseload statistics that are
published yearly from Administrative Office of the Courts (AOC).
"Cases filed by the City" means all infractions written by the City Police
Department and all misdemeanor or gross misdemeanor charges filed against
suspect or suspects by any attorney employed by or acting as an agent of the City.
"Cases filed by the City" shall be based on the published caseload statistics that are
published yearly from Administrative Office of the Courts (AOC).
Jefferson County -City of Port Townsend
2018-2020 District Court/Indigent Defense
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"Budgeted District Court direct expenditures" means total program costs, less state
and federal grants and remittances as shown on Exhibit 1. The "Budgeted District
Court direct expenditures" does not include courtroom security, facilities and
information services costs, administrative overhead or similar costs.
If actual costs are higher or lower by more than 2% from the "budgeted District Court
direct expenditures," the parties agree to equitably adjust the cost for the year, pursuant
to Paragraph 2.3, below.
Costs recovered pursuant to RCW 10.01.160 shall be remitted to the jurisdiction based
on the filing that resulted in the costs being ordered, except as provided in Paragraph 2.2
(i.e. court- ordered probation costs shall be used to fund probation services and shall be
in addition to those funds provided in RCW 3.62.050).
All fines and forfeitures generated by CITY -filed cases shall be deposited with the CITY.
2.2 Costs, Fines, Forfeitures, Penalties, and other Fees.
As provided for in RCW 3.62.020(1), all costs, fees, fines, forfeitures and penalties
assessed and collected in whole or in part by district courts, except costs, fines,
forfeitures and penalties assessed and collected, in whole or in part, because of the
violation of city ordinances, shall be retained by the County in accordance with state law.
As provided for in RCW 3.62.040(1), all costs, fines, forfeitures and penalties assessed
and collected, in whole or in part, by district courts because of violations of city
ordinances shall be remitted by the clerk of the district court at least monthly directly to
the CITY's Finance Department.
Probation fees levied and collected by the court shall be retained by the COUNTY.
The CITY shall, as allowed by law, actively seek court-ordered imposition of
probation fees paid by the defendant when probation services are ordered. Revenues
raised under this section shall be used to fund probation services and shall be in
addition to those funds provided in RCW 3.62.050.
The City agrees it will not perform any supervision of pre-trial agreements or contract
for that service. The City may supervise or contract for supervision of pre -filing
agreements.
2.3 Annual Fee Calculation and Schedule.
Fees shall be calculated annually based on the formula described in 2.1 and pursuant to
the procedure below:
On or before July 31 of each year preceding a contract year, the COUNTY shall
provide a written notice to the CITY of projected budgeted District Court direct
expenditures for the next year, and the projected number of "Filings" in District
Court for the third calendar year of the three-year average, including the
percentage of those Filings projected to be "cases filed by the CITY", and said
estimates will be entered into the annual fee and quarterly payment computation
Jefferson County -City of Port Townsend
2018-2020 District Court/Indigent Defense
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described in Section 2.1 in order to estimate for budgeting purposes what the
CITY will likely pay in the next calendar year. No payments will be made by the
CITY based on this estimate.
On or before June 1 of each contract year, the COUNTY will compile and send to the
CITY actual statistics on Filings and "cases filed by the CITY" for the prior calendar
year (the third year of the three-year rolling average), and said actual statistics will be
entered into the annual fee and quarterly payment computation described in Section 2.1
as the CITY'S actual annual fee, said fee to be paid by the CITY to the COUNTY in
quarterly payments pursuant to Paragraph 2.1
On or before June 1 of each contract year, the COUNTY will compile and send to the
CITY information on the actual District Court costs for the prior year. Starting in
2018, if actual District Court direct expenditures plus Court security in the prior year
varied by more than 2% from the budgeted District Court direct expenditures plus
Court security for that prior year, then, on or before June 1 of the current contract
year, the annual fee amount for the prior year will be recalculated using the actual
District Court costs for the prior year, and the difference (defined as what had
been calculated as the annual fee amount for the prior year versus the corrected
annual fee amount for the prior year) will be added or subtracted to the current
year's annual fee. Unless otherwise mutually agreed, any correction for actual
costs in will be paid by one jurisdiction to the other, no later than June 30 of that
year. In no event shall the City be liable for a correction greater than 10% of the
estimated fee except to the degree the increase is because of City cases, nor shall
the City be liable for any increase because of County cases.
To the degree an increase above 10% is because of an unanticipated increase in the
cost of one or more line items within budgeted District Court direct expenditures
(for example, labor costs from settlement of a collective bargaining agreement,
extra labor costs due to illness, etc.), the County shall inform the City of the
increased costs, and the parties shall negotiate a reasonable adjustment to the fee.
2.4 Other Costs.
The fees set forth in Paragraphs 2.1 and 2.3 of this agreement shall include all
COUNTY services for District Court proceedings except for the following additional
costs to be paid by the CITY for cases filed by the CITY:
a. In the event the CITY separately contracts for and directly pays for indigent
defense, CITY shall give COUNTY at least 120 days' written notice prior
to the effective date of such contract, and for all portions of the contract
year that the COUNTY will not be providing indigent defense for CITY
cases, attorney costs for indigent representation shall not be included in the
annual fee computation;
b. Witness costs, jury trial costs, including required meals, bailiff services,
mailing of juror service notices, together with the applicable mileage
allowances, and the cost of interpreter services for court proceedings,
which costs and allowance(s) shall be paid by the CITY;
Jefferson County -City of Port Townsend
2018-2020 District Court/Indigent Defense
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C. Prosecution costs including prosecution costs associated with any appeal
in CITY cases.
d. COUNTY agrees to actively pursue, by reasonable and necessary means
as allowed by law, the collection of witness, jury, filing, and other
appropriate fees from the convicted defendants against whom they have
been assessed.
DURATION, TERMINATION, AND ARBITRATION AS TO FEES
3.1 Duration.
Unless amended by mutual agreement, this agreement shall be in effect for a term
commencing January 1, 2018 and ending at the conclusion of December 31, 2020,
except Section 1.6 which shall survive the termination or expiration of this
agreement, and the cost correction provisions in Section 2.3 for 2020 actual costs,
which shall remain in effect and end at the conclusion of June 30, 2021.
3.2 Termination.
If neither party terminates this agreement, then this agreement shall continue for
an additional three calendar years with any disputes as to filing fees being resolved
consistent with the requirements set forth in RCW 3.62.070 and Section 3.3 below.
3.3 Arbitration If NoAgreement Regarding Fees.
After the delivery of the notice described in Section 2.3 above, both patties shall
negotiate in good faith any dispute regarding the proper calculation of the annual fee
as prescribed in this Agreement. If the parties are not able to reach agreement
regarding the annual fee, then either party may invoke binding arbitration consistent
with the requirement of RCW 3.62.070 on the fee issue or RCW 39.34.180 on levels
of compensation. However, nothing contained herein shall prohibit the parties from
mutually agreeing to extend the period of good faith negotiations or to submit the
matter to mediation for resolution of the outstanding fee issues.
In the event the issue of the annual fee is submitted to arbitration, the arbitrator or
arbitrators shall only consider those additional costs borne by the COUNTY in
providing District Court services to the CITY as provided for by RCW 3.62.070 or
RCW 39.34.180.
Jefferson County -City of Port Townsend
2018-2020 District Court/Indigent Defense
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This agreement is entered into effective the last date signed below.
CITY OF PORT TOWNSEND
David Timmons, City Manager Date
APPROVED AS TO LEGAL FORM:
Steve Gross, City Attorney
Jefferson County -City of Port Townsend
2018-2020 District Court/Indigent Defense
Page 7 of 9
JEFFERSON COUNTY BOARD OF COMMISSIONERS
Kathleen Kler, Chair Date
APPROVED BY DISTRICT COURT JUDGE
Z �n
H Jill Landes Date
i
APPROVED AS TO LEGAL FORM:
1 i ze-0. cin
Philip Hunsucker, Chief Civil Deputy
Prosecuting Attorney
EXHIBIT 1- TEMPLATE - DISTRICT COURT COSTS - CITY SHARE FOR 20
Jefferson County -City of Port Townsend
2018-2020 District Court/Indigent Defense
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20_
Budgeted
Costs
20_
Actual
Costs
20_
Budgeted
Costs
District Court Budget
Allocated Operating Costs for Security
subttl Court + Security
Less transfer from trial court fund State Funding)
Less transfer from fund 131 for Mental Health Court case m mt
Less Costs paid directly by County & City in Section 2.4b
Net District Court + Security Expenditures
Public Defender Costs District Court50% of total contract
Less public defense grant State Funding) 50% of grant
Net Public Defender Costs District Court
Net Court + Security + Public Defender Costs
Difference Actual v. Budgeted
na
% Difference (if > t2.00%, adjust next year's invoice)
Ci % Share all cases
0.00%1
0.00%
0.00%1
1
-
0.00%
Ci $$ Share of Net District Court + Security
Admustment for Actual v. Budgeted if applicable)
Adjusted City $$ Share of Net District Court + Security
Ci % Share(excluding infractions
0.00%1
0.00%1
1
0.00%
Ci $$ Share of Net Public Defender Costs
Adiustment for Actual v. Budgeted if applicable)
Adjusted City $$ Share of Net Public Defender Costs
City Annual Fee
I Is
DISTRICT COURT FILING STATISTICS -CONTRACT WITH CITY
Year of statistics:
20_ 20
(4yrs prior) (3yrs prior)
20
(2yrs prior)
3 -yr TTL
4yrs-2yrs
orlor
20_
(1yr prior)
3 -yr TTL
3yrs-1yr
prior
Infractions
Countv
city
subttl Infractions
Criminal Violations
County
city
subttl Criminal Violations
Domestic Violen Harrassment
County
city
subttl Domestic Violence/Harrassment
Civil and Small Claims
County
city
subtttl Civil & Small Claims
ALL CASES
County # cases
County % cases
0.00% 0.00%
0.00%
0.00%
0.00%1
0.00%
City # cases
Ci % cases
0.00% 0.00%
0.00%
0.00%
0.00%1
0.00%
TTL # cases
ALL CASES - EXCLUDING INFRACTIONS
County # cases - excluding infractions
-
County % cases - excluding infractions
0.00% 0.00%
0.00%
0.00%
0.00%
0.00%
City # cases - excluding infractions
Ci % cases - excluding infractions
0.00% 0.00%
0.00%1
0.00%
0.00%
0.00°k
TTL # cases - excluding infractions
Jefferson County -City of Port Townsend
2018-2020 District Court/Indigent Defense
Page 8 of 9
EXHIBIT 2 - EXAMPLE DISTRICT COURT COSTS CITY SHARE FOR 2017
Jefferson County -City of Port Townsend
2018-2020 District Court/Indigent Defense
Page 9 of 9
2016
Budgeted
Costs
2016
Actual
CoAts
2017
Budgeted
Costs
District Court Budget
824,550
801,149
827,474
Allocated Operating Costs for Security
53,654
60,531
55,264
subttl Court + Security
Less transfer from trial court fund State Funding)
878,204
-4,500
861,680
4,500
882,737
-4,500
Less transfer from fund 131 for Mental Health Court case m mt
1
-15,000
15 825
-15,000
Less Costs aid direct) b Count & Cit in Section 2.4b
-20,0001
15 825
-20,000
Net District Court + Security Expenditures
Public Defender Costs District Court50% of total contract
1
1
838,7041
292,500
825,530
301,412
1 1
1
843,237
311,708
Less public defense grant State Funding) 50% of grant
1
-17,500
-21,038
-17,500
Net Public Defender Costs District Court
275,000
280,374
294,208
Net Court + Security + Public Defender Costs
1,113,704
1,105,904
1,137,445
Difference Actual v. Budgeted
7,801
na
% Difference (if > t2.00%, adjust next year's invoice)
Cit % Share all cases
12.92%1
-0.70%
0
1
na
13.30%
Ci!y $$ Share of Net District Court + Security
108,361
106,658
1 -1,702
112,151
Adjustment for Actual v. Budgeted if applicable)
0
Adjusted City $$ Share of Net District Court + Security
Ci % Share(excluding infractions
14.70%1
0
1 1
112,151
15.92%
Ci $$ Share of Net Public Defender Costs
1
40,4251
41,215
1 790
46,838
Adjustment for Actual v. Budgeted if applicable)
0
Adjusted City $$ Share of Net Public Defender Costs
City Annual Fee
46,838
$ 158,988
DISTRICT COURT FILING STATISTICS -CONTRACT WITH CITY
Year of statistics:
2013
2014
2015
3 -yr TTL
'13-15
2016
3 -yr TTL
'14216
Infractions
_
County
1
4 722
5,091
14,824
4,200
14,013
City
601
890
609
2,100
511
2,010
subttl Infractions
Criminal Violations
5,612
5,612
5,700
16,924
4,711
16,023
_
County
9831
8121
8261
2,621
1 8411
2,479
Ci
2681
2341
2131
715
1 2911
738
subttl Criminal Violations
Domestic Violence Harrassment
1,2511
1,0461
1,0391
3,336
1 1,1321
3,217
County
881
1151
541
257
82
251
Cit
0
0
0
0
0
subttl Domestic Violence/Harrassment 1
Civil and Small Claims
881
1151
541
257 1
821
251
County
4301
4061
4351271
326
1167
Cit
0
0
0
0
0
subtttl Civil & Small Claims
ALL CASES
4301
4061
4351
1,271 1
326
1,167
County # cases
6,512
6,055
6,406
18 973
5,449
17,910
Count % cases
88.23%
84.34%
88.63%
87.08%
87.17%
86.70%
City # cases
869
1,124
822
2,815
802
2.748
Cit % cases
11.770/.
15.66%
11.37%
12.92%
12.83%
13.30%
TTL #cases
ALL CASES - EXCLUDING INFRACTIONS
County #cases - excludin infractions
7,381
1,5011
7,179
1,3331
7,228
1,3151
21,788
4,149
6,251
1 1,2491
20,658
3,897
Count % cases - excluding infractions
84.85%
85.07%
86.06%
85.30%
81.10%
84.08%
City # cases - excluding infractions
268
234
213
715
291
738
Cit % cases - excludinginfractions
15.15%
14.93%
13.94%
14.70%
18.90%
15.920
TTL #cases - excludin infractions
1,769
1,5671
1,528
4 864
1,540
4 635
Jefferson County -City of Port Townsend
2018-2020 District Court/Indigent Defense
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