Req.#9733
"SOLUTION NO. 35979
WHEREAS individuals accused of a crime have a right to legal defense
2 representation, which right is guaranteed by the constitutions of the United
3
States and of the state of Washington, and
4
5 WHEREAS it is the obligation of the public to bear the cost of such legal
6 defense for accused individuals who are determined by the court to be indigent,
7 and
8 WHEREAS the City has met its legal obligation to provide legal services
9 to indigent defendants appearing in Tacoma Municipal Court by utilizing the
10
services of Pierce County's Department of Assigned Counsel ("DAC"), which
1 1
12 services have been subject to a year-to-year agreement, and
13 WHEREAS DAC has provided, and is able to continue to provide,
14 valuable legal services that are necessary to the proper disposition of the
15 misdemeanor cases heard in Tacoma Municipal Court, and
16 WHEREAS DAC has provided, and will continue to provide, said legal
1 7
services in a manner that both meets and exceeds the standards of effective
18
legal representation prescribed by the Washington State Bar Association, and
19
20 WHEREAS RCW Chapter 39.34, the Interlocal Cooperation Act,
21 authorizes agreements between public agencies for the performance of
22 governmental services, and
23 WHEREAS, by entering into an Interlocal Agreement with Pierce County
24 for the continued provision of legal services to indigent defendants appearing in
25
26 Tacoma Municipal Court, the City can continue to meet its obligation for the
res9733.doc-CFC/bn
LEG 004 (11/89)
provision of indigent legal defense services while eliminating the need for
executing an annual contract, and
2
3 WHEREAS it is in the best interest of the City to enter into an Interlocal
4 Agreement with Pierce County so that the City may continue to meet its
5 obligation to provide legal services to indigent defendants by continued
6 utilization of the services of DAC; Now, Therefore,
7 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA:
8
That the proper officers of the City are hereby authorized to execute an
9
10 Interlocal Agreement with Pierce County, Department of Assigned Counsel, for
1 1 the provision of legal services to indigent defendants appearing in Tacoma
12 Municipal Court, said document to be substantially in the form of the proposed
13 Interlocal Agreement for Indigent Legal Services on file in the office of the City
14 Clerk.
15
46 Adopted UCT 1 4 2003-
17
18
ayor
19 Attest:
20 'legal
21 City Clerk
22 Ap 0 fprm and legality:
23
24 nt City Attorney
25
26
2 -
res9733.doc-CFC/bn
LEG 004 (11/89)
CITY CLERK USE
REQUEST FOR ORI)INANCE Request
OR RESOLUTION 7i-
Ordinance
Tacoma
Resolution oil
1. DATE: September 25, 2003
2. REQUESTING DEPARTMENT/DIVISION/PROGRAM 3. CONTACT PERSON (for questions): PHONEXXTENSION
Finance/Administration Steve Marcotte 5802
4. PREPARATION OF A RESOLUTION IS REQUESTED FOR THE CITY COUNCIL MEETING OF TUESDAY, OCTOBER 14,
2003.
5. SUMMARY TITLE/REcomMENDATION: (A concise sentence, as it will appear on the Council Agenda)
Authorizing the execution of an interlocal agreement with Pierce County to provide legal services to indigent
defendants by utilizing Pierce County's Department of Assigned Counsel (DAC).
6. BACKGROUND INFORMATION/GENERAL DISCUSSION: (Why is this request necessary? Are there legal
requirements? What are the viable alternatives? Who has been involved in the process?)
RCW Chapter 39.34, the Interlocal Cooperation Act, authorizes agreements between public agencies for the
performance of governmental services. Tacoma has met its obligation to provide legal services to indigent
defendants appearing in its Municipal Court by utilizing the services of the County's DAC for years. The DAC has
provided valuable legal services necessary to the proper disposition of misdemeanor cases in Municipal Court and
the City desires to continue to receive services from the DAC to meet its obligation to provide legal services to
indigent defendants.
7. FINANCIAL IMPACT: (Future impact on the budget.)
The funds to pay for services provided by DAC are included in the City's 2003-04 biennial budget.
8. LIST ALL MATERIAL AVAILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WHERE FILED:
Source Documents/Backup Material Location of Document
Interlocal Agreement for Indigent Defense City Clerk's Office
Legal Services
9. FUNDING SOURCE: (Enter amount of funding from each source)
Fund Number & State $ City $ Other $ Total Amount
Name:
General Fund No. 00 IO
If an expenditure, is it budgeted? E Yes 0 No Where? Org Aect
10. ATTORNEYCONTACT: (EnterNameofAttorneythatyou'vebeenworkingwith)
Cheryl Carlson
Approved as to Availabili of Funt-
Division ;PZOV/0 e Managerffiipeeter-yc@@pproval
GSWeWgrlDocuments. Office Systemsl2l
(0119-9)
INTERLOCAL AGREEMENT
INDIGENT DEFENSE LEGAL SERVICES
THIS AGREEMENT is made and entered into by and between the CITY OF
TACOMA, hereinafter referred to as "Tacoma," and PIERCE COUNTY, hereinafter
referred to as "County," under and pursuant to the provisions of Chapter 39.34.080
of the Revised Code of Washington.
WITNESSETH:
WHEREAS Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes
agreements between public agencies for the performance of governmental
services, and
WHEREAS Tacoma has heretofore met its obligation to provide legal
services to indigent defendants appearing in its Municipal Court by utilizing the
services of the County's Department of Assigned Counsel (hereinafter
"Department"), which Department has provided valuable legal services necessary
to the proper disposition of misdemeanor cases in Municipal Court, and
WHEREAS Tacoma desires to continue to receive services from the
Department to meets its obligation to provide legal services to indigent defendants,
and
WHEREAS the County, through its Department, is willing to provide said
services to the City;
NOW, THEREFORE, the parties hereby agree as follows:
1 . Furpose. The purpose of this agreement is to provide for legal representation
services for indigent persons charged with criminal offenses in Tacoma
Municipal Court.
2. Term. This agreement shall commence January 1, 2003, and if executed after
said date, shall operate retroactively thereto. The services to be provided
under this agreement shall be subject to annual review and fiscal appropriation
by the City to compensate for the services contemplated by and provided
under this agreement. Either party may terminate this agreement upon ninety
(90) days'written notice given in advance.
Interlocal Agreement for Indigent
Legal Services - Tacoma Municipal Court - 1
f:\emps\cfc\agts\MuniCourt-DACinterlocaL ... (final).doc
3. Amendments. This agreement may be amended at any time by mutual
consent of the parties hereto and such amendments shall take effect
immediately. In the event of any conflict, inconsistency, or incongruity
between the provisions of this agreement and the provisions of an
amendment, the provisions of the amendment shall in all respects govern and
control.
4. Services To Be Provided By County. The Department will provide legal
counsel and representation services to indigent defendants charged with
criminal offenses in and/or appearing before the Tacoma Municipal Court.
Said services shall be provided in accordance with the Department's standards
for public defense services as mandated by RCW Chapter 10.101, as well as
the Rules of Professional Conduct prescribed by the Washington Supreme
Court. The Department shall provide said services at the same or higher level
of quality and staff participation as has been historically supplied, and shall
carry on all activities pursuant to this agreement in full compliance with all
applicable laws, rules and regulations of the United States, state of
Washington, Pierce County, and City of Tacoma. Legal services provided by
the Department shall be provided without discrimination on the basis of race,
religion, color, national origin or ancestry, sex, gender identity, sexual
orientation, age, marital status, familial status, or the presence of any sensory,
mental or physical handicap.
The Department will comply with such reporting and project evaluation
requirements as may be established by Tacoma to enable it to appraise the
effectiveness of the Department's services. Quarterly reports detailing
expenditures and caseload activity will be supplied by the Department to the
Court Administrator on behalf of Tacoma.
The Department will assure that professional staff are available for interviewing
and/or counseling individuals and defendants held in custody as needed
twenty-four (24) hours per day, and will assure that defendants held in custody
pending trial are interviewed in a timely manner.
In any employment action made possible by or resulting from this agreement,
the Department will not discriminate against any employee or application
because of race, religion, color, national origin or ancestry, sex, gender
identity, sexual orientation, age, marital status, familial status, or the presence
of any sensory, mental or physical handicap.
Interlocal Agreement for Indigent
Legal Services - Tacoma Municipal Court - 2
fAem ps\cfc\agts\M u n iCou rt-DAC I nterloca L ... (final).doc
None of the funds, materials, property, or services provided directly or
indirectly in this agreement shall be used in the performance of this agreement
or any partisan political activity, or to further the election or defeat of any
candidate for public office, nor shall any of the funds be used for publicity or
propaganda purposes designed to defeat or support legislation pending before
any legislative body.
5. Comoensation. Tacoma will pay to the County the sum of $67,695.12 per
month for the 2003 calendar year, and the sum of $67,695.1 1 per month for
the 2004 calendar year for services rendered to Tacoma and those indigent
defendants represented by the Department.
For calendar months beginning January 1, 2005, and thereafter, the amount
Tacoma will pay to the County shall be determined by the County Executive (in
consultation with the Director of the Department) and the City Manager (in
consultation with appropriate City Departments), or such other individuals as
the parties may designate, subject to appropriation of sufficient funds by the
Tacoma City Council. Either party may terminate upon sixty (60) days'written
notice to the other, if the parties cannot agree upon annual compensation for
any year after 2004.
6. Amendments. This agreement may be amended at any time by the mutual
written consent of the parties.
7. Consultation. The Court Administrator for Tacoma and Director of the
Department of Assigned Counsel for the County shall be the respective
representatives responsible for administering this agreement. Each party may
change its designated representative upon written notice to the other. There
will be no joint board created for the purpose of administering this agreement.
8. Remedies. No waiver of any right under this agreement shall be effective
unless made in writing by the authorized representative of the parties to be
bound thereby. Failure to insist upon full performance on any one or several
occasions does not constitute consent to or waiver of any later
non-performance, nor does payment of a billing or performance after notice of
a deficiency in performance constitute acquiescence thereto.
Disputes that cannot be resolved by the representatives designated in
Section 7 shall be referred to Tacoma's City Manager and the County's
Executive.
Interlocal Agreement for Indigent
Legal Services - Tacoma Municipal Court - 3
f:\emps\cfc\agts\M u n Cou rt-DAC I nterloca L ... (final).doc
9. Entire Agreement. This agreement constitutes the entire agreement between
the parties and represents the entire understanding of the parties hereto. It
supersedes any oral representations that are inconsistent with or modify its
terms and conditions.
10. Invalid Provisions. Should any provision under this agreement be held invalid,
the remainder of the agreement shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
the day of 2003.
CITY OF TACOMA PIERCE COUNTY
James L. Walton, City Manager Pierce County Executive
Countersigned: Recommended:
Steve Marcotte, Director of Finance John Hill, Director
Department of Assigned Counsel
Approved as to form:
Reviewed:
Assistant City Attorney
Pat Kenney, Director
Attest: Budget and Finance
Approved as to form:
Doris Sorum, City Clerk
Deputy Prosecuting Attorney
Attest:
Debbie Dahlstrom
Interim Risk Manager
County Clerk
Interlocal Agreement for Indigent
Legal Services - Tacoma Municipal Court - 4
fAemps\cfc\agts\M u ni Cou rt-DAC I nterloca L ... (final).doc
Resolution No. 35979
Adopted: OCT 1 4 2003
Maker of Motion:
Seconded:
Roll Call Vote:
MEMBERS AYES NAYS ABSTAIN ABSENT
Mr.Evans
Ms. Ladenburg
Mr. Lonergan
Dr. McGavick
Mr. Miller
Ms. Moss
Mr. Phelps
Mr. Talbert
Mayor Baarsma
MEMBERS AYES NAYS ABSTAIN ABSENT
Mr.Evans
Ms. Ladenburg
M r. Lonergan
Dr. McGavick
Mr. Miller
Ms. Moss
Mr. Phelps
Mr. Talbert
Mayor Baarsma
g:@cityclklforms@resol.doc