HomeMy WebLinkAbout16-045 - City of Burien - Interlocal Agreement for Public Defense Program Monitoring 16-045
Council Approval 3/14/16
AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BURIEN AND THE CITY OF TUKWILA FOR PUBLIC
DEFENSE PROGRAM EVALUATION/MONITORING
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:
1. 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'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;
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
I g+-0 -ate"
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:
4.1 Review Burien'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;
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
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 CITY OF TUKWILA
(
jril
'amuron Gurol,City Manager (yi Allan Ekberg,Mayor
.3/46`i 3 /0)-lho
DATE DATE
Approved as to Form: Approved as to Form:
Or orney City Attorney
3/ 14./ 2 i 3 fJ f L(
DATE DATE
Attest/Authenticated: Attest/Authenticated:
ity Clerk, Monica Lusk 0° City Clerk,Christy O Flahej
g Hilo
DATE DATE