|
INTERLOCAL AGREEMENT BETWEEN
<br />KITTITAS COUNTY AND THE CITY OF ELLENSBURG
<br />FORMISDEMEANOR DIVERSION SERVICESThis INTERLOCAL AGREEMENT (“Agreement”) is entered into on this ___day of _______________,2018, by and between Kittitas County, a municipal corporation
<br />of the State of Washington, (hereinafter the “County”), and the City of Ellensburg, a municipal corporation of the State of Washington (hereinafter referred to as the “City”).
<br />WHEREAS, Chapter 39.34 of the Revised Code of Washington (RCW), the Interlocal Corporation Act, allows governmental agencies to enter into agreements that provide for the efficient use
<br />of their powers and to cooperate with each other in providing services; and
<br />WHEREAS, the County currently operates an internal diversion program for some first-offense misdemeanor cases; and
<br />WHEREAS, the current County program systems, management, and processes will permit the City to benefit from the County’s operation of said program for a nominal fee, paid directly to
<br />the County by a misdemeanor suspect;
<br />NOW, THEREFORE, the County and the City agree as follows:
<br />Purpose. The purpose of this Agreement is to allow the City to utilize the County’s already-existing internal diversion program for select municipal prosecution cases. The County’s diversion
<br />program is identified as the “Kittitas County Prosecuting Attorney Adult Misdemeanor Pre-Charging Diversion Program, 2012 Version,” as set forth more fully in, attached to this Interlocal
<br />Agreement as “Exhibit A” (hereafter “County diversion program”).
<br />Services.
<br />The City will send case referralsto the County to be considered for eligibility in the County diversion program.
<br />The County will process these cases through the diversion process using its existing program systems and management. To enter the County diversion program, a municipal case suspect will
<br />be required to pay the County diversion fee directly to the County. The County will pay to the City the sum of $100 for the City’s administrative costs.
<br />When a case complies with the program requirements, the County will inform the City Prosecutor of said compliance. The County will maintain the diversion case file and any related records.
<br />Nothing in this agreement changes in any manner the City’s obligations or practices as to its own records.
<br />If an offender fails the program requirements, the County will inform the City Prosecutor of the failure to comply. The County will then deliver the case file to the City Prosecutor.
<br />Duration. This Agreement shall be valid for one year. This Agreement will be automatically renewed unless either party gives 90 days advanced notice of its indication not to renew.
<br />Termination. Either party may terminate this Agreement by giving ninety (90) days’ notice in writing either personally delivered or mailed postage-prepaid by certified mail, return receipt
<br />requested, to the Kittitas County Prosecuting Attorney (for the County) or the Ellensburg City Attorney (for the City).
<br />Termination for Default. If either party fails to perform any of the obligations of this Agreement or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency
<br />or makes an assignment for the benefit of creditors, the other party may, by depositing written notice to the defaulting party in the U.S. mail, postage prepaid, terminate this Agreement.
<br />Agreement Management. The Agreement administrator for each of the parties shall be responsible for and shall be the contact person for all communication and billings regarding the performance
<br />of this Agreement.
<br />The Agreement administrator for the County is:
<br />Prosecutor Greg Zempel
<br />205 West 5th Avenue
<br />Ellensburg, WA 98926
<br />The Agreement administrator for the City is:
<br />Terry Weiner, City Attorney
<br />City of Ellensburg
<br />501 N. Anderson Street
<br />Ellensburg, WA 98926
<br />Payment. The County shall collect a fee directly from the offender to be supervised within the program. The portion of the fee described in (2)(b), above will be sent by the County
<br />to the City. No payment will be made to the County by the City.
<br />Billing Procedure.Per Section 2(b) above, the County shall remit the City’s portion of the program fee to the City on a quarterly basis. Payment shall be submitted to the City of Ellensburg,
<br />Attention: Finance Department, 501 N. Anderson Street, Ellensburg WA 98926.
<br />Force Majeure. Neither party will be liable to the other for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including acts
<br />of nature, acts of war, accident, labor disruption, acts, omissions or defaults of third parties, and official, governmental, or judicial action not the fault of the party failing or
<br />delaying in performance.
<br />Maintenance of Records. Each party hereto agrees to maintain books, records, and documents using accounting procedures which accurately reflect all direct and indirect costs related
<br />to the performance of the services described herein. Each party may examine the other party’s books and records to verify the accuracy of invoices. All books, records, documents, and
<br />other materials relevant to this agreement will be retained for six (6) years after expiration of the Agreement, and the Office of the State Auditor or other persons authorized by law
<br />and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Each party will utilize reasonable security
<br />procedures and protections to ensure that records and documents provided by the other party are not erroneously disclosed to third parties.
<br />Hold Harmless and Indemnification. Each Party shall hold harmless and indemnify the other Party and its directors, officers, employees, agents and representatives against any and all
<br />loss, liability, damage, or expense, but not including attorney’s fees unless awarded by a court of competent jurisdiction, for injury or death to persons, including employees of either
<br />party, and damage to property, including property of either party, arising out of or in connection with intentional, willful, wanton, reckless, or negligent conduct. However, neither
<br />party shall be indemnified hereunder for any loss, liability, damage or expense resulting from its sole negligence or willful misconduct. Any waiver in this section has been mutually
<br />negotiated by the parties and this entire section shall survive the expiration or termination of this Agreement.
<br />Warranty. Except as expressly stated herein, there are no express or implied warranties respecting this Agreement or the services provided.
<br />Assignment.This Agreement cannot be assigned, transferred or any portion subcontracted by either party hereto without the prior written consent of the other party, which consent shall
<br />not be unreasonably withheld.
<br />Administration of Agreement.There shall be no separate legal entity created by the Agreement. This Agreement shall be administered jointly by the County or designee and the City or designee.
<br />Property. The terms of this Agreement do not contemplate the acquisition of any real or personal property. Unless otherwise specifically agreed by the parties in writing, all property,
<br />personal and real, utilized by the parties hereto in the execution of this Agreement shall remain the property of that party initially owning it.
<br />Compliance with Laws. Each party hereto, in its performance of this Agreement, agrees to comply with all applicable local, State, and federal laws and ordinances.
<br />Relationship of the Parties. No agent, employee, or representative of the City shall be deemed to be an agent, employee or representative of the County for any purpose, and the employees
<br />of the City are not entitled to any of the benefits the County provides to County employees. No agent, employee, or representative of the County shall be deemed to be an agent, employee
<br />or representative of the City for any purpose, and the employees of the County are not entitled to any of the benefits the City provides to City employees.
<br />Disputes. In the event that a dispute arises under this Agreement, it shall be determined by a majority vote of a three-member Dispute Resolution Board comprised of one representative
<br />chosen by each of the parties hereto and a third chosen by the two selected parties. If said determination is not acceptable to the parties, the parties are entitled to use whatever
<br />remedies to which they may be entitled at law or in equity.
<br />Jurisdiction. Any legal dispute between the parties to this Agreement shall be governed by the laws of the State of Washington, and any action to enforce this Agreement shall be brought
<br />in Kittitas County, Washington.
<br />Modification. The provisions of this Agreement may be modified or amended only by written mutual agreement of the parties, executed by personnel authorized to bind each of the parties.
<br />Waiver. A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver
<br />of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement.
<br />Agreement Not for Benefit of Third Parties. This Agreement is entered into solely for the benefit of the parties hereto and vests no rights in, or is it enforceable by, any third parties.
<br />Severability. If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions
<br />of this Agreement which can be given effect without the invalid provision, if such remainder confirms to the requirements of applicable law and the fundamental purpose of this Agreement,
<br />and to this end the provisions of this Agreement are declared to be severable.
<br />Filing. This agreement shall be filed or be posted online as required by RCW 39.34.040.
<br />Effective Date. This agreement shall take effect on January 1, 2019.
<br />Dated this __________ day of ________________________________, 2018.
<br />[Remainder of page intentionally blank]
<br />CITY OF ELLENSBURG
<br />_____________________________
<br />Bruce Tabb, MayorATTEST:
<br />_____________________________
<br />City ClerkPROSECUTING ATTORNEY___________________________Gregory L. ZempelBOARD OF COUNTY COMMISSIONERSKittitas County, Washington
<br />_____________________________
<br />Laura Osiadacz,Chair____________________________________
<br />Obie O’Brien, Vice-Chairman____________________________________
<br />Cory Wright, Commissioner
<br />ATTEST:
<br />CLERK OF THE BOARD
<br />____________________________________Julie A. Kjorsvik
|