HomeMy WebLinkAboutSpecial 2016-03-14 Item 2F - Interlocal Agreement - Public Defense Monitoring and Evaluation with City of BurienCOUNCIL AGENDA SYNOPSIS
---------------------------------- Initials
Meetin
,g Date Pre .pared by Ma or's review Council review
03/14/16 CT
ITEM NO.
2.F.
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STAFF SPONSOR: DAVID CLINE
I ORIGINAL. AGI..,NDADATE: 03/14/16
A(.,j-NDA In;m Trri-,I--1' An Interlocal Agreement (ILA) with Burien for Public Defense Program Monitoring
and Evaluation
CATI-.�,GORY [:] Discussion
Mtg Dale
Z Motion
Mtg Date 3114116
❑ Resolution
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F-1 Ordinance
Mtg Dale
E]BidAward
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❑ Public Hearing
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❑ Other
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SPONSOR ❑ Council Z Mayor ❑ .HR ❑ DCD E].Finance Z Eire ❑ IT ❑ P&RE] Police ❑ PWI
SPONSOR'S The City of Tukwila and the City of Burien will each monitor and evaluate the public
SUMMARY defense program for the other City to include review of public defense program records,
doing a court observation and submitting a written report.
Ri-,XIEWEM BY ❑ COW Mtg. ❑ CA&P Cmte Z F&S Cmte ❑ Transportation Cmte
❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. F-1 Planning Comm.
DATE: 03/08/16 COMMITTEE, CHAIR: SEAL
RECOMMENDATIONS:
SPONSOR/ADMIN. Mayor's Office
COMMIT -fEE Majority Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
03/14/16
MTG. DATE
ATTACHMENTS
03/14/16
Informational Memorandum dated 2/29/16
Interlocal Agreement
Minutes from the Finance and Safety Committee meeting of 3/8/16
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Finance & Safety Committee
CC: Mayor Ekberg
FROM: David Cline, City Administrator ,44c
4c
BY: Cheryl Thompson, Executive Assistant
DATE: February 29, 2016
SUBJECT: Interlocal Agreement with Burien for Public Defense Program Evaluation
and Monitoring
ISSUE
The recent federal court decision, Wilbur v. Mt. Vernon mandates independent monitoring and
evaluation of municipal public defense programs on a regular basis.
BACKGROUND
The Washington State Bar Association and the Washington State Supreme Court have
established standards for indigent defense. In the federal court decision, Wilbur v. Mt. Vernon
the court found that municipal public defense programs must be independently monitored and
evaluated on a regular basis to ensure compliance with the standards.
DISCUSSION
Since all municipal jurisdictions must comply with the same standards for public defense, it is
fiscally and ethically responsible for municipal jurisdictions to exchange monitoring and
evaluation services to avoid budget impacts and conflicts of interest.
In the third quarter of the second year of the biennial budget the City Attorney or appropriate
designee from each City will:
• Review the other City's Public Defense records comprised of but not limited to available
monthly, quarterly and annual caseload and statistic reports, surveys and client
comment and complaint forms on file;
• Attend a session in the other City's Municipal Court to observe public defense attorneys;
• Contact clients and /or stakeholders, as needed, to obtain additional information; and
• Submit a written report summarizing observations and any recommendations or
suggested improvements.
FINANCIAL IMPACT
None. The agreement provides for an even exchange of services.
RECOMMENDATION
The Council is being asked to forward the interlocal agreement to the consent agenda of the
March 14, 2016 Council special meeting for approval.
ATTACHMENTS
Interlocal Agreement
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City of Tukwila Agreement Number:
• 6200 Southcenter Boulevard, Tukwila WA 98188
AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BURIEN AND
THE CITY OF TUKWILA FOR PUBLIC DEFENSE PROGRAM EVALUATION
THIS IS AN INTERLOCAL AGREEMENT between the City of Burien, and the City of
Tukwila, each a municipal corporation of the State of Washington.
WHEREAS, pursuant to the 6th Amendment of the United States Constitution, and Article I,
Section 22 of the Washington State Constitution, persons charged with misdemeanors who are
deemed indigent are entitled to the effective assistance of counsel at the public expense; and
WHEREAS, the Washington State Bar Association and Washington State Supreme Court have
established standards for indigent defense; and
WHEREAS, the federal court decision, Wilbur v. Mt. Vernon mandates monitoring and
evaluation of municipal public defense programs on a regular basis; and
WHEREAS, it is fiscally and ethically responsible for municipal jurisdictions to exchange
monitoring and evaluation services to avoid an impact to the budget and conflicts of interest;
NOW THEREFORE, in consideration of the terms and conditions contained herein, it is
mutually agreed by both parties as follows:
AUTHORITY
This Agreement is entered into pursuant to Chapter 39.34 RCW, the Interlocal
Cooperation Act.
2. PURPOSE
To comply with Wilbur v. Mt. Vernon and have independent evaluation of the municipal
public defense program on a biennial basis.
3. CITY OF BURIEN RESPONSIBILITIES
In the third quarter of the second year of the biennial budget the Burien City Attorney, or
appropriate designee, will:
3.1 Review Tukwila Public Defense records comprised of but not limited to available
monthly, quarterly and annual caseload and statistic reports, surveys and client
comment and complaint forms on file;
3.2 Attend a session in Tukwila Municipal Court to observe public defense attorneys;
3.3 Contact clients and/or stakeholders, as needed, to obtain additional information;
and
3.4 Submit a written report summarizing observations and any recommendations or
suggested improvements.
4. CITY OF TUKWILA RESPONSIBILITIES
In the third quarter of the second year of the biennial budget the Tukwila City Attorney,
or appropriate designee, will:
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4.1 Review Burien Public Defense records comprised of but not limited to available
monthly, quarterly and annual caseload and statistic reports, surveys and client
comment and complaint forms on file;
4.2 Attend a session in Burien District Court to observe public defense attorneys;
4.3 Contact clients and/or stakeholders, as needed, to obtain additional information;
and
4.4 Submit a written report summarizing observations and any recommendations or
suggested improvements.
5. INDEMNIFICATION
Each of the Parties shall defend, indemnify and hold the other Party, their officers,
officials, employees and agents harmless from any and all costs, claims, judgment, and/or
awards of damages, arising out of, or in any way resulting from that other party's
negligent acts or omissions in performing under this Agreement. No Party will be
required to defend, indemnify or hold the other Party harmless if the claim, suit or action
for injuries, death or damages is caused by the sole negligence of that Party. Where such
claims, suits or actions result from the concurrent negligence of the Parties, the indemnity
provisions provided herein shall be valid and enforceable only to the extent of each
party's own negligence. Each Party agrees that its obligations under this subparagraph
include, but are not limited to, any claim, demand, and/or cause of action brought by, or
on behalf of, any of its employees or agents. For this reason, each of the Parties, by
mutual negotiation, hereby waives, with respect to the other Party only, any immunity
that would otherwise be available against such claims under the Industrial Insurance
provisions of Title 51 RCW.
6. AUDITS AND INSPECTIONS
The records and documents with respect to all matters covered by this contract shall be
subjected to inspection, review or audit by either party at the requesting party's sole
expense during the term of this Agreement and shall be retained in accordance with
Washington State records retention laws. Such records shall be made available for
inspection during regular business hours within a reasonable time of the request.
7. DURATION
This Agreement shall be in full force and effect for a period commencing January 1,
2015, and ending December 31, 2016, and shall automatically renew for two -year
increments, unless terminated under the provisions hereinafter specified.
8. TERMINATION
Termination. This Agreement may at any time be terminated by either party giving thirty
(30) days written notice of their intention to terminate the same.
9. NOTICES
Notices to the City of Burien shall be sent to the following address:
City Clerk
City of Burien
400 SW 152nd St Suite 300
Burien, WA 98166
Burien/Tukwila Public Defense Evaluation ILA Page 2
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Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
9. JOINT BOARD /SEPARATE LEGAL ENTITY
It is not intended that a separate legal entity be established to conduct this cooperative
undertaking. The City of Tukwila shall act as administrator of this Agreement.
10. FINANCE AND BUDGET
No special budget or funds are anticipated, nor shall any be created. The parties are each
responsible for their own finances in connection with this Agreement and no funds shall
be exchanged pursuant to this Agreement, and nothing in this Agreement shall be deemed
or construed otherwise.
11. PROPERTY ACQUISITION, HOLDING, AND DISPOSAL
The parties do not intend to acquire, hold, or dispose of any real or personal property
pursuant to this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date last written
below.
CITY OF BURIEN
Kamuron Gurol, City Manager
DATE
Approved as to Form:
City Attorney
DATE
Attest /Authenticated:
City Clerk, Monica Lusk
CITY OF TUKWILA
Allan Ekberg, Mayor
DATE
Approved as to Form:
City Attorney
DATE
Attest /Authenticated:
City Clerk, Christy O'Flaherty
DATE
Burien/Tukwila Public Defense Evaluation ILA Page 3
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Finance and Safety Committee Minutes ..................................................................................... ............................... March 8, 2016
regarding potentially adverse impacts of the proposed ten year lease. They agreed to
conditionally send the proposed lease to the March 21 Consent Agenda while staff gathers this
information. At that time it may be pulled from the Consent Agenda or referred back to
Committee. Another option is to adopt the lease with the 10 year term now and amend it in the
future if the need arises. CONDITIONAL APPROVAL. FORWARD TO MARCH 21, 2016 REGULAR
CONSENTAGENDA.
C. Interlocal Agreement with Burien for Public Detense Program Evaluat
Staff is seeking Council approval of an interlocal agreement with tl
exchange of federally mandated evaluation and monitoring of the
defense programs. The 2013 Wilbur v. Mt. Vernon decision requirE
defense programs be independently monitored and evaluated on a r
with this mandate, the Tukwila and Burien City Attorneys will re
programs of the other's City in an even exchange of services. U
FORWARD TO MARCH 14, 2016 SPECIAL CONSENT AGENDA.
III. MISCELLANEOUS
The Finance and Safety Committee Meeting, adjourned at 6:05 p.m.
Next meeting: Tuesday, March 8, 2016
Min
ie City of Burien for the
Cities' respective public
s that municipal public
egular basis. To comply
rieuu the public defense
NANIMO,US APPROVAL.
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