HomeMy WebLinkAbout050420_ca03 Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: James Kennedy, Prosecuting Attorney
Philip Morley, County Administrator
DATE: May 4,2020
RE: Prosecution Services Agreement Amendment with the City of Port Townsend
STATEMENT OF ISSUE: In cooperation with the City of Port Townsend as we jointly
responding to the impacts of the COVID-19 pandemic,the Board of County Commissioners will
consider adopting a Prosecution Services Agreement Amendment with the City of Port
Townsend to reduce the cost to the City for 2020 only by one quarter of the annual cost, a
reduction of$17,937.50 in 2020.
ANALYSIS: The COVID-19 pandemic has had dramatic impacts on society, government and
on the economy. During this time, prosecution activity for criminal activity is greatly reduced,
as are revenues to local governments, including the City of Port Townsend.
The City of Port Townsend opened a dialogue with the Prosecutor's Office and the County
Administrator's Office regarding the City's and County's existing Prosecution Services
Agreement, under which the County performs prosecution services for City cases. The existing
Agreement, adopted in 2019, covers a term of April 1, 2019 through December 31, 2022. Under
the original agreement, the 2020 cost to the City was $71,750, paid in four installments of
$17,937.50 per quarter, for prosecuting up to 275 cases this year. The proposed Amendment
would reduce that amount by one-fourth for 2020 only, by skipping one quarterly installment
that otherwise would be due on July 31, 2020. All other payments in 2020 remain unchanged,
and the contract amounts for 2021 and 2022 are not affected. For 2020 only, the proposed
Amendment would reduce the number of cases within this payment to 250 cases for the year.
The City of Port Townsend has already approved the proposed Amendment.
FISCAL IMPACT: Reduces 2020 revenue to the Prosecutor's Office under the Agreement
from $71,750 to $53,812.50, which is a reduction of$17,937.50. The Prosecutor's Office will
attempt to find economies in their 2020 budgeted expenditures, and any remaining shortfall
would be made up by the General Fund's fund balance.
RECOMMENDATION: Adopt the proposed Prosecution Services Agreement Amendment
with the City of Port Townsend
RFW D B • /
•
ilip Morl unty •ministrator Date
PROSECUTION SERVICES AGREEMENT AMENDMENT
JEFFERSON COUNTY
AND THE CITY OF PORT TOWNSEND
This Amendment to the Agreement ("this Amendment") is entered into by and between the
City of Port Townsend, a municipal corporation of the State of Washington ("City"), and Jefferson
County,a municipal corporation and political subdivision of the State of Washington("County"),for
Prosecution Services as described in this Amendment.
RECITALS
A. Chapter 39.34 RCW permits local governmental units to make official use of their
powers enabling them to cooperate with other localities based on mutual advantage.
B. Pursuant to RCW 39.34.180(2), the City and the County executed an Interlocal
Agreement on April 22,2019("Agreement")the County provides prosecution services
for the City.
C. On February 29, 2020, Governor Jay Inslee declared a State of Emergency in all
Counties in Washington State due to the public health emergency caused by the
COVID-19 pandemic.
D. On March 10,2020,the Jefferson County Health Officer issued a Public Health Order
to control and prevent the spread of the COVID-19 pandemic that: (1)Prohibited City
and County workers from coming to work with a febrile illness (oral temperature
100.4 degrees F or greater)and symptoms of respiratory infection(sore throat,cough,
difficulty breathing) and required them to stay home for the duration of their illness;
(2) Required City and County workers who develop a febrile respiratory illness while
working are to notify their supervisor and go home; and, (3) Provided the guidance
that City and County workers who are recovering from a respiratory illness should not
return to work until they have been afebrile (no fever and no use of a fever reducing
medication like acetaminophen, aspirin, or ibuprofen) for at least 72 hours.
E. On March 16, 2020, the Jefferson County Board of Commissioners approved a
Declaration of Emergency due to the COVID-19 pandemic.
F. On March 19, 2020, the Port Townsend City Council approved a Declaration of
Emergency due to the COVID-19 pandemic.
G. On March 23,2020, Governor Jay Inslee signed a proclamation(20-25)declaring that
a State of Emergency continues to exist in all counties in Washington State due to
COVID-19; and that his prior proclamations are amended and superseded by
proclamation to impose a Stay Home — Stay Healthy Order throughout Washington
State, which prohibits all people in Washington State from leaving their homes or
participating in social, spiritual and recreational gatherings of any kind regardless of
Prosecution Services Agreement 2019-2022
4/28/2020
Page 1 of 4
the number of participants, and all non-essential business in Washington State from
conducting business, within the limitations provided in Proclamation 20-25.
H. On April 4,2020, Governor Jay Inslee extended through May 4,2020,his Stay Home
—Stay Healthy Order throughout Washington State.
I. Modeling of the COVID-19 pandemic for the State of Washington shows that even
with mandatory social distancing through May 28, 2020, COVID-19 will continue to
have a significant impact on public health and containment strategies will be required
that include testing, contact tracing, isolation, and limiting gathering size. See:
https://covid 19.healthdata.org/united-states-of-america/washington.
J. The current public health crisis as a result of the COVID-19 pandemic has modified
the way that both parties conduct the business of government, including changed
staffing levels and budget assumptions, that necessitates modification of the
Agreement.
AMENDMENT TO INTERLOCAL AGREEMENT
In consideration of the mutual covenants contained in the Agreement and this Amendment,
and pursuant to provisions of Ch. 39.34 RCW,the parties agree as follows:
1. The following definition is amended to read in its entirety:
4.1 "Case Cap"means 275 City Misdemeanor Cases per calendar year as discussed in Section 7.1,
except that for 2020 only,"Case Cap"means 250 City Misdemeanor Cases per year. The Case
Cap is determined by the cause number of the original filing, not by the number of charges in
a filing. For the avoidance of doubt, all probation violation proceedings are part of one case
related to the cause number under which the case was filed.
2. CITY PERFORMANCE. For the year 2020 only, paragraph 7.1.1 is amended to read in its
entirety as follow:
7.1.1 Base Amount. The City shall pay a base amount of$70,000 for Prosecution Services
for all City Misdemeanor Cases, up to the Case Cap per calendar year. The base amount shall
be increased by 2.5% on January 1 of each year this Agreement is in effect. The City shall
make quarterly payments of the base amount no later than April 30, July 31, October 31, and
December 31 of each year. The City shall pay any other reimbursement costs within 30 days
of receipt of an invoice from the County. The City's obligation to pay the County shall not
begin until both parties have signed and approved this Agreement. For the year 2020,the base
amount will be reduced by 1/4 and the City will not be required to pay the I/4 amount due on
July 31, 2020. All other payments remain unchanged.
Prosecution Services Agreement 2019-2022
4/28/2020
Page 2 of 4
3. REQUIRED FILING.Pursuant to RCW 39.34.040,prior to entry into force this Amendment
shall be filed with the Jefferson County Auditor or listed on the PAO's website.
(SIGNATURES FOLLOW ON NEXT PAGE)
Prosecution Services Agreement 2019-2022
4/28/2020
Page 3 of 4
JEFFERSON COUNTY BOARD OF CITY OF PORT TOWNSEND
COMMISSIONERS
•24-a
Greg Brotherton, Chair Date , rty Manager Date
JEFFERSON COUNTY PROSECUTING
ATTORNEY
James M. Kennedy, Date
Prosecuting Attorney/Coroner
Approved as to Legal Form: Approved as to Legal Form:
-042-0 c 41
Philip C. Hunsucker, Date Hei•i Greenw e od, City Attorney Date
Chief Deputy Civil Prosecuting Attorney
Prosecution Services Agreement 2019-2022
4/28/2020
Page 4 of 4