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HomeMy WebLinkAboutAG 00-122 - KING COUNTY (PUBLIC DEFENSE) UTI Tg; E OF' F'EDERAL WAY LAW DEPARTMENT CT PREPARATION/DoCUMENT REVIEW/SIGNATURE ROUTING SL.IP 1. 0 RIEl I FEÐeM. "~T./DIV.: CITY ATTORNEY f.-Att +~~ SO"", EXT: L/ b ::rl 3. DATe: Re:Q. By: 4. TYpe: OF" DOCUMe:NT Re:QUe:STe:D ICHe:CK ONe:): 0 PRD!'"E.810NAL SERVICE8 AIIREEMENT 0 MAINTENANCE/LA.DR AIIREEMENT 0 PU8LIC WORK8 CDNTRACT 0 SMALL PU8LIC WoRKS CONTRACT ILE.. THAN ..5,0001 0 SECURITY DOCUMENT IE.D., ADREEMENT .. I'ER,.'MAIN BONO; A..IDNMENT o~ F"UNO. IN LIEU o~ BOND' 0 PURCHA8E AGREEMENT IMATERIAL8, BuPPUE., EQUIPNENTI 0 REAL E8TATE PURCHASE & SALES AIIREEMENT 0 CONTRACTOR SELECTION OOCUMENT (E.D., R,.B, RF"I', RF"I;II 0 CONTRACT AMENDMENT jJo EA8EMENT OTHERh"¡"~ or 10 <:"- ( AG#: 5. PRO..JECT NAME:--_e_~J II t.. 'l).p ~r~ S¿r-t. e 0'\. "'~ f.:.e.rVI \ u...5 6. NAME OF" CONTRACTOR: t¡ V\j (-^ ' M¿;Y~ L.I '^J (1!;t1 ADDRe:SS: PHDNe:: 2):¡fo ... ::¡~ f~ TYPE OF" PERSON OR ENTITY (CHECK ONE): 0 INDIVIDUAL 0 PARTNERSHIP 0 SOLE PROPRIETORI!IHIP 0 CORPORATION STATE: TAX ID#/SS#: SIGNATURE NAME: TITLE: 7. SCOPE OF" WORK: ATTACH EXHISIT A - A COMPLETE AND DETAILED DEBCRIPTION OF" THE SERVICES OR SCOPE OF" WDRK, INCLUDING COMPLe:TIDN DATES F"OR EACH PHASe: DF" WORK AND LOCATION OF" WORK. B. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION: $ (INCLUDES EXPENSES AND SALES TAX, IF" ANY) II~ CALCULATo:a oN HOURLY LA.OR CHARDE ... ATTACH .CHEoUU:. O~ EMPLOYEE. TITLE. ANa HoURLY RATE.' REIMBURSABLE EXPENSEB: DYES DNa IF" YES, MAXIMUM DOLLAR AMOUNT: $ Is SALES TAX OWED? 0 YES 0 No IF" YES, $ PAID BY: 0 CONTRACTOR OCITY 10. SELECTION PROCESS USe:D (CHECK ONE!: 0 REQUEST !'"OR BIDS YREQUEST !'"OR PROPOSALS 0 REQUEST "-OR QUOTES 0 REQUEST F"OR QUALI!'"ICATIONS 0 ARCHITECT & ENGINEER LIST 0 SMALL WORKS ROSTER 1 1. CONTRACT REVIEW INITIAL./DATe: ApPROVED p/'DIRECTDR 0 ~ (ALL CDNTRACTI!II ~ISK MANAIIEMENT (ALL CoNTRACT. EXCEPT AMENoMENT., ~TRACTOR .ELECTION ooCUMENT) ~PURCHA8INII lt~ ;i8~ 00 ~ \5>\ OJ ~ - '?-i\~\dJ ~w DEPARTMENT ß CITY MANAGER ~ CLERK 0 SIGNED COpy BACK TD ORIGINATING DEPT, 0 AI!ISIGNED AG # ~- \~~ 0 PURCHASING: PLEASE CHARGE TO: ~\- ~~~ ~- ~\"S- d~-'\'() 12. CONTRACT SIGNATURE ROUTING COMMENTS WHITE... O"'OONAL .TAn W'TH CONT"ACT CANARY - CLC"K TO STA" P'NK - LAW DCPT, DOLDO:NROD'" O"'ØlNAT'NO 8TA~~ LO"'2 IREV 619'" ~ ~~-~ INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF FEDERAL WAY FOR PUBLIC DEFENSE SCREENING SERVICES This INTERLOCAL AGREEMENT entered into this pI day of January, 2000 is between the City of Federal Way ("City"), a municipal corporation of the State of Washington, and King County ("County"), a political subdivision of the State of Washington, RECITALS WHEREAS, pursuant to RCW 10.101.020 and RCW 10.101.030, the City seeks Public Defense Screener Services for the purpose of determining whether a defendant is eligible for representation by the Public Defender; and, WHEREAS, the County has Public Defense Screener Services and is authorized by King County Code 2.60,030 to render such services; and WHEREAS, the City desires to purchase Public Defense Screener Services from King County; and WHEREAS, the County is agreeable to rendering such services on the terms and conditions negotiated between the parties; NOW, THEREFORE, pursuant to the provisions of the Interlocal Cooperation Act, Chapter 39,34 RCW, the City and the County agree as follows: .L Countv Obligations, A. Perform all services relating to screening for financial indigency as set forth in Title 10.101 RCW as it exists or is hereafter amended; B. Provide the same degree, type, and level of services as is customarily provided to residents of unincorporated King County; C. Except as set forth in section 10.A. below, services to be provided by the County pursuant to this agreement do not include legal services, which shall be provided by the City at its own expense; D. Routinely schedule a trained screener to perform the screening for financial indigency, The screener is expected to be present at Federal Way Municipal Court from 8:30 am to 11 :30 am on Monday through Thursday unless the Administrator ORIGINAL 2. A. B. C. of the Office of Public Defense and the Federal Way Municipal Court Administrator agree on a different schedule.. The screener may, at his or her discretion, work up to an extra hour if warranted by the demand for financial screening, Any time more than four hours in a single day must be authorized by the Federal Way Municipal Court Administrator before being worked. E. Provide a substitute screener for scheduled and predictable absences of the regularly scheduled screener, F. Attempt to find a substitute for unscheduled and unpredictable absences of the regularly scheduled screener. The County does not warrant that a substitute will always be provided or will be provided by the usual starting time. G. Submit a monthly invoice, in a form acceptable to the City, within ten working days after the end of the month. The invoice will include the number of hours spent performing financial indigency screening services for the City ofF ederal Way, listed by date. H. Calculate defendant's ability to contribute to the cost of defense in accordance with Chapter 10.101 of the Revised Code of Washington by having the defendant (1) respond to an eligibility questionnaire in form and content acceptable to the City and in compliance with the applicable laws, and (2) provide other documentation such as copies of income tax returns and bank statements. I. Credit the City for any promissory note for public defense fees collected by King County Office of Financial Management since the previous billing, Documentation of the amount collected will be attached to the invoice. J. The County agrees to notify the City on or before September 1 sl of each year of this Agreement of any increase in cost of personnel performing the services for this Agreement. City Obligations. Provide work space for financial indigency screening that permits confidential information to be discussed in privacy. Make available a copy machine for use in duplicating materials required to perform these duties. Notify the County through the Office of Public Defense of any temporary cancellations of the screener's services. For example, if the Federal Way Municipal 2 3. 4. Court is closed due to adverse conditions, the Office of Public Defense will be notified in order to notify the screener. D. Notify the County of the rate ~at is to be charged to those defendants who are found indigent but are able to contribute to the cost of their defense. The rate will be charged based on the Office of Public Defense's procedure for calculating ability to contribute to the cost of defense, Compensation and Method of Payment. The City shall reimburse the County for the services as delineated in this agreement in the following manner: A. Twenty-three dollars and twenty-six cents ($23.26) per hour for actual time on the job, excluding travel time, which may vary, depending on the number of defendants who present themselves for screening. The hourly rate includes salary, benefits, and County overhead at 5.2%. B. The City shall receive credit for collections on promissory notes in accordance-with Section 1 (H). C. The City shall remit payment to the County within thirty calendar days of receipt of an acceptable invoice. Term. This agreement shall be effective the! sl day of January, 2000 and shall automatically renew from year to year unless otherwise modified or terminated as provided hereinafter, Modifications. The parties agree that this agreement is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. The parties reserve the right to modify this agreement. Any modifications of this agreement shall be in writing, signed by both parties, and affixed to this original agreement. 5. Termination. The City may terminate this Agreement without cause upon ninety (90) days written notice. The City may terminate this Agreement for material breach of contract upon thirty (30) days written notice. 6. The County may terminate this Agreement without cause upon ninety (90) days written notice, The County may terminate this Agreement for material breach of contract upon thirty (30) days written notice, Any termination of this agreement shall not terminate any obligation of either party incurred prior to such termination, 3 7. Personnel and Supervision, Both parties understand and agree that the County is acting hereunder as an independent contractor, with the intended following results: A. B. Control of personnel, standards of performance, discipline, and all other aspects of performance shall be governed entirely by the County, All persons rendering services hereunder shall be for all purposes employees of the County, C, The contact person for the City regarding citizen complaints about the indigency screening process is Carole Office of Public Defense Interviewer (206) 296-7826. The contact person for citizen complaints about the public defense legal services is the Federal Way Municipal Court Administrator (253) 835-3000, Mandatory Mediation Any controversy or claim arising out of or relating to this agreement shall be referred to a mediator selected by the parties, Demand for mediation may be made by either party by providing written notice to the other party setting forth the controversy or claim, If the parties cannot mutually agree upon selection of a mediator within seven days of notice of the demand, then the mediator shall be selected by the presiding judge of the King County Superior Court. Once selected, the mediator shall conduct a mediation session with the parties within ten days from the date of his /her selection or at such other time as the parties may mutually agree. The cost ofthe mediator, if any, shall be shared equally by the parties. Participation in the mediation process is necessary before a party may seek relief from the courts. 8. 9, 10, A. Nothing in Section 8. Above shall affect the parties' right to terminate this agreement for cause, as per Section 6. Notices. Any notices required to be given by the City or by the County shall be delivered to the Parties at the addresses set forth below, Indemnification. A. The County shall indemnify, defend and holq harmless the City and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liabilities, loss, cost, expenses, and damages of any nature whatsoever, caused by any reason of or arising out of any negligent act or omission of the County, its officers, agents, and employees, or any of them relating to or arising out of any negligent act or omission pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense; provided that the City reserves the right to 4 11. III III III III III participate in said suit if any principal of government or public law is involved; and if final judgment be rendered against the City, and its officers, agents, and employees, or any of them, or jointly against the City and the County and their respective officers, agents, and employees, or any of them, the County shall satisfy the claim. B. The City shall indemnify, defend and hold harmless the County and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, cost, expenses, and damages of any nature whatsoever, caused by any reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them relating to or arising out of out of any negligent act or omission of the City pursuant to this Agreement, In the event that any such suit based upon such a claim, action, loss, or damage is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County reserves the right to participate in said suit if any principal of government or public law is involved; and if final judgment in said suit be rendered against the County, and its officers, agents, and employees, or any of them, or jointly against the County and the City and their respective officers, agents, and employees, or any of them, the City shall satisfy same, Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review or audit by the City or the County during the term of this Agreement and six (6) years after termination hereof, 12, Non-Discrimination. The County certifies that it is an Equal Opportunity Employer and has developed and implemented an Affirmative Action Program in accordance with the guidelines in Revised Order 4 of the United States Department of Labor. 5 13. Filing of Agreement. This Agreement shall be filed with the City Clerk of the each municipality and the King County Auditor as required by law. Both parties, through their authorized agents, have read and understood the above Agreement, and intend to be bound by it, and the authorized agents of the City and the County have signed below this - day of , 2000, CITY OF FEDERAL WAY KING COUNTY By', Davi H. Moseley, City Mana r 33530 1 st Way S. Federal Way, W A 98003 By direction of the Federal Way City Council taken ty Execuf 516 3rd Ave, oom 400 Seattle, W A 98104 By direction of the MetropolitanKing County Council taken --- ~t: ~ Attest: tll M~ City Clerk, N. Christine Green County Clerk Approved as to Form: Approved as to Form: --¥ t4 - 1/ ~ L.:t,U/L.. Iv City Attorney, Lond! K. Lindell ~ ing County . Deputy Prosecuting A k: \inter I c I\courtscreener, doc 02/28/00 6 8 King County Omce of Public Defense Walthew Building, 4th Floor 123 Third Avenue South Seattle, WA 98104 (206) 296-7662 Screening (206) 296-0587 FAX (206) 296-5242 TTYITDD June 13, 2000 David H. Moseley, City Manager City of Federal Way 33530 First Way South Federal Way, WA 98003 RE: Interlocal Agreement for Indigency Screening Services in 2000 Dear Mr. Moseley: Enclosed please find two signed originals of the Interlocal Agreement for Indigency Screening Services between the City of Federal Way and the King County Office of Public Defense. Should you have any questions, please feel tree to contact me at (206) 296-7582. Sincerely, ~~e~ Administrator Enclosures -~-"""--""""""'" ~.- - CITY OF " . . £ ~ .. -- . (253) 661-4000 FEDERAL WAY, WA 98003-6210 March 23, 2000 King County Office of Public Defense 123 Third Avenue South, Fourth Floor Seattle, Washington 98104 -Þ Re: Inter local Agreement Between King County and the City of Federal Way For Public Defense Screening Services Dear Office of Pubic Defense: Enclosed you will find the above-referenced Interlocal agreement which has been fully executed by the City of Federal Way designees, I would appreciate your assistance in securing the appropriate King County signatures on this Interlocal and return to my office two originals of the document for filing. The third copy may be retained by your office. If you have any questions or comments, please feel free to contact my office at 253- 661-4671. Sincerely, fJ~~¡~\ ~X~ Derek Matheson Assistant to the City Manger enclosure ìññññññññññññññññññññññññññññññññññññññññññññññññññññññññññññññññññññññññññññë ø Update: [ESC] to Store, [DEL] to Cancel, [TAB] Next Window Help: ø ø Enter changes into form [CTRL]-[w] ø ø===========================[ Recurring Invoices ]===========================ø ø Doc#: 2147271 Group: mc Year: 2000 ø ø Inv#: PUBLIC DEF Template: Y ø ø Desc: MC-PUBLIC DEFENSE SCREENER SVCS ø ø Vendor: 005326 KING COUNTY OFFICE OF PUBLIC, DEFENSE ø øFisc class: cy Start date: End Date: ø ø Interval: Document class: Last copied: ø ø====Type==Item code===Whse====Quantity==Unit======Unit Cost======Extension==ø ø 01) (svc) ( ) ( 1. 00) ø ø Tax cd: Carom cd: 1099 box: 0 ø ø MC-PUB DEF SCREENER SVCS ø ø AS PER CONTRACT #AGOO-122 ø ø INTERLOCAL AGREEMENT W/KING COUNTY ø ø TERM: 1-1-2000 - PERPETUAL ø ø APPROVED BY CITY COUNCIL 3/7/00 ø ø APPROVER: SANDRA WARTER ø ø E 001-1100-022-515-22-410 100.000% 1,00 ø ø ø ø==================================================(Total: l,OO)=ø øEnter description line. 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