AG 00-122 - KING COUNTY (PUBLIC DEFENSE)
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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
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0 SECURITY DOCUMENT
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0 PURCHA8E AGREEMENT
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0 REAL E8TATE PURCHASE & SALES AIIREEMENT
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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)
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REIMBURSABLE EXPENSEB:
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IF" YES, MAXIMUM DOLLAR AMOUNT:
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Is SALES TAX OWED?
0 YES
0 No
IF" YES, $
PAID BY:
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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
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0 PURCHASING: PLEASE CHARGE TO: ~\- ~~~ ~- ~\"S- d~-'\'()
12. CONTRACT SIGNATURE ROUTING
COMMENTS
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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
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ø Update: [ESC] to Store, [DEL] to Cancel, [TAB] Next Window Help: ø
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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. End it with ";" to continue. ø
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