JPA - 2020 - Prosecution Services FY 2021 - 9/22/2020AGREEMENT NO.
AGREEMENT BETWEEN ADA COUNTY,
THE ADA COUNTY PL" OSECUTING ATTORNEY'S OFFICE,
AND THE CITY OF EAGLE RELATING TO
PROSECUTION SERVICES FY 2021
THIS JOINT POWERS AGREEMENT ("Agreement") made and entered into this
day off
—2020. by and between Ada County. a duly formed and existing
county pursuant to the laws and Constitution of the State of Idaho, the Ada County Prosecuting
Attorney (-PA"), and the City of Eagle, Iciaho. a municipal corporation of the State of Idaho
("City").
WITNESSETH
WHEREAS, the City desires to contract with the PA for the performance of the
hereinafter described prosecutorial services within its boundaries by the. PA; and
WHEREAS, the PA desires to provide prosecutorial services to City.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained. it is mutually agreed as follows:
1. Prosecution Services.
1.1 The PA agrees to prosecute such state code violations as may be investigated
and/or charged by the Ada County Sheriffs Office ("ACSO") subject to the PA's absolute
discretion in such matters as set forth in Section 1.2.
1.2 Services provided pursuant to this Agreement shall encompass duties and
functions of the type directly related or incidental to the jurisdiction of, and customarily rendered
by, the PA under the statutes of the State of Idaho or thc code of the City. The PA shall have and
retain absolute discretion on all n auers included in this Agreement, such as, but not limited to,
AGREEMENT BETWEEN ADA COUNTY, THE ADA COUNTY PROSECUTING
ATTORNEY'S OFFICE. AND THE CITY OF EAGLE RELATING TO PROSECUTION
SERVICES FY 2021 — PAGE 1
decisions on charging, case strategy, and dismissal. In cases where the City is the victim, the PA
shall afford the City all of the rights outlined in Idaho Code § 19-5306.
1.3 City agrees the Eagle City Attorney will retain and prosecute all city code
violations, to include code enforcement cases.
1.4 The PA agrees to provide to City written quarterly reports detailing, for the given
time period:
a. A summary of all charges tiled by the PA for misdemeanor offenses that
occurred in the City, the dates the offenses occurred, and the names of the defendants.
b, A summary of the disposition of all charges filed by the PA for
misdemeanor offenses that occurred in the City, the offenses resolved, and the names of
the defendants.
1.5 In consideration for duties, services, and functions heretofore described in
Section I, the City shall pay to the PA the sum of Sixty -Four Thousand Dollars (S64,000.00) for
the term of this Agreement. The sum shall be paid in one installment of Five Thousand Three
Hundred Thirty -Seven Dollars ($5,337.00) in October and 11 monthly installments of Five
Thousand Three Hundred and Thirty -Three Dollars ($5,333.00). Payments shall be due on the
tenth of the month, commencing on October Tenth.
1.6 Personnel and Equipment. The PA is acting hereunder as independent contractor
so that:
a. Control of Personnel. Control of personnel, standards of performance,
discipline and all other aspects afp formance shall be governed entirely by the PA.
b. Status of Employees. All persons rendering service hereunder shall be for
all purposes employees of the PA.
AGREEMENT BETWEEN ADA COUNTY, THE ADA COUNTY PROSECUTING
ATTORNEY'S OFFICE, AND THE CIT-Y OF EAGLE RELATING TO PROSECUTION
SERVICES FY 2021 — PAGE 2
c. Liabilities. All liabilities for salaries, wages, any other compensation,
injury, or sickness arising from performance of the prosecution services by the PA
hereunder shall be that of the PA.
d. Provision of Personnel. The PA shall furnish all personnel and such
resources and material deemed by the PA, in its sole discretion, as necessary to provide
the level of prosecution se ices herein described. Ownership of equipment purchased by
the PA to perform its duties under this agreement is retained by the PA.
1.7 Duration. This Agreement is effective upon authorization and signature by all
parties. except that services and charges shall commence on October 1, 2020, and unless
otherwise terminated, shall continue in effect until September 30, 2021. This Agreement may be
renewed upon the mutual written consent of the parties.
I .8 Termination Process, Each party may initiate a process to terminate this
Agreement as foIlows
a. Notice of Ten ination. In the event either party hereto desires to
terminate the Agreement prior to the expiration date, such party may do so by giving (60)
days written notice to other parties
b. Transition. Within 30 days of the receipt of such written termination
notice. the parties shall work together to provide for an orderly transition of
responsibilities from the PA to the City. The overarching goal of the transition will be to
ensure there is no disruption in service to the City. Each party shall bear its respective
costs. if any. in the transition process.
c. Termination. In the event the City fails to make a monthly payment
within 60 days of billing, the PA may terminate this Agreement without further notice.
AGREE1VIENT BETWEEN ADA COUNTY, THE ADA COUNTY PROSECUTING
ATTORNEY'S OFFICE, AND THE CITY OF EAGLE RELATING TO PROSECUTION
SERVICES FY 2021 — PAGE 3
1.9 Indemnification and lnsurance. City To Hold County Harmless. The County, its officers, agents, and
employees, shall not be deemed to have assumed any liability for the acts of said City or
any officers, • gents or employees thereof, and the City hereby covenants and agrees to
hold and save the County and all of its officers, agents, and employees harmless from al
claims whatsoever that might arise against the County, its officers, agents, or employees.
by reasons of any acts or failures to act on the part of the City, its offic
employees.
b.
agents or
County to Hold City Harmless, The County hereby covenants to hold and
save the City and all its officers, agents, and employees, harmless from all claims
whatsoever that might arise against the City, its officers, agents, employees by reason
of any acts or failures to act on the part of the County, its officers. agents, or employees
in the performance of the duties required by the terms of this Agreement.
c. Liability Related to City Ordinances. Policies. Rules and Regulations. In
executing this Agreement, the PA does not assume liability or responsibility for or in any
way release the City from any liability or responsibility which arises in whole or n part
from the existence or effect of City ordinances, policies, rules or regulations. If any
cause, claim, suit, action or administrative proceeding is commenced in which the
enforceability and/or validity of any such City ordinance, policy, rule or regulation is at
issue, the City shall defend the same at its sole expense and, if judg,ment is entered or
damages are awarded against the City, the PA, or both, the City shall satisfy the same,
including all chargeable costs and reasonable attorney's fees.
AGREEMENT BETWEEN ADA COUNTY, THE ADA COUNTY PROSECUTING
ATTORNEY'S OFFICE, AND THE CITY OF EAGLE RELATING TO PROSECUTION
SERVICES FY 2021 — PAGE 4
d. Insurance. Each party shall procure and maintain insurance as required by
applicable federal and state law and as may be appropriate and reasonable to cover its
staff', equipment. vehicles, and property, including but not limited to liability insurance,
workers' compensation, automobile liability, and property damage. Each party has the
right to self -insure all or part of the insurance requirements set forth in this paragraph.
1.10 Amendments. This Agreement may be amended at any time by mutual written
agreement ofthe City and the PA.
1.11 Agreement Administration.
a. Aareement Administrators. The City Mayor or his/her designee and the
elected Ada County Prosecuting Attorney or his/her designee shall serve as agreement
administrators to review performance and resolve operational problems.
1.12 Entire Agreement/Waiver of Default. The parties agree that this Agreement is the
complete expression of the terms hereto and any oral or written representations or
understandings not incorporated herein are excluded. Both parties recognize that time is of the
essence in the performance of the provisions of this Agreement. Waiver of any default shall not
be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the
Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be
construed to he a modification of the terms of the Agreement unlessurdess stated to be such through
written approval by the Countv, thich shall be attached to the original Agreement.
AGREEMENT BETWEEN ADA. COUNTY, THE ADA COUNTY PROSECUTING
ATTORNFY'S OFFICE, AND THE CITY OF EAGLE RELATING TO PROSECUTION
SERVICES FY 20.21 — PAGE 5
IN WITNESS WHEREOF, the parties have executed this Agreement.
ATTEST:
Sharon K. ijgman,ty Cle
ATTEST;
A/ re,
CITY OF EAGLE
By: —*—
Pierce, Mayor
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By:
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County Commissioners
Kendra Kenyon, Commissioner
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Diana hiondo Co e
Patrick Malloy, Commissioner
Phi McGrane, Ada County Clerk
by Katie Reed, Assistant Deputy, ae.:,
Ada County Prosecuting Attorn
By:
San netts, Ada County Prosecuting Attorney
AGREEMENT BETWEEN ADA COUNTY, THE ADA COUNTY PROSECUTING
ATTORNEY'S OFFICE, AND THE CITY OF EAGLE RELATING TO PROSECUTION
SERVICES FY 2021 —PAGE 6
IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY OF EAGLE
By:
ATTEST:
Pierce, Mayor
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Sharon K.gman, City Cler1 SEAL
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'••i 14tta County Commissioners
ATTEST:
Phil McGrane, Ada County Clerk
By:
By:
By:
Kendra Kenyon, Commissioner
Diana Lachiondo, Commissioner
Patrick Malloy, Commissioner
Ada County Prosecuting Attorney
By:
Jan M. Bennetts, Ada County Prosecuting Attorney
AGREEMENT BETWEEN ADA COUNTY, THE ADA COUNTY PROSECUTING
ATTORNEY'S OFFICE, AND THE CITY OF EAGLE RELATING TO PROSECUTION
SERVICES FY 2021 — PAGE 6
ADA COUNTY PROSECUTING ATTORNEY
JAN M. BENNETTS
Criminal Division
200 W. Front Street, Rut 3191
Boise, Idaho 83702
Phone (208) 287-7700
Fax (208) 287-7709
Civil Division
200 W. Front Street, Rm 3191
Boise, Idaho 83702
Phone (208) 287-7700
Fax (208) 287-7719
August 13, 2020
Jason Pierce, Mayor
c/o Tracy Osborn
City of Eagle
660 E. Civic Lane
Eagle, ID 83616
RECEIVED & FILED
CITY OF EAGLE
AU15 1 It 2020
File:
Route to;
Juvenile Division
6300 Denton Street
Boise, Idaho 83704
Phone (208) 577-4900
Fax (208) 577-4909
Re: Joint Powers Agreement for Prosecution Services for FY 2021
Dear Mayor Pierce:
Enclosed is a copy of the Joint Powers Agreement Between Ada County, the Ada County
Prosecuting Attorney's Office, and the City of Eagle Relating to Prosecution Services for FY
2021. Once signed, this agreement will allow my office to prosecute state code violations for FY
2021 as may be investigated and/or charged by the Ada County Sheriff's Office subject to my
office's absolute discretion as set forth in the agreement. As you know, my office has prosecuted
such violations for Eagle from October 1, 2019 to present based on Agreement No. 13366, but
that agreement will expire on September 30, 2020.
From October 1, 2019 through June 1, 2020, the Magistrate Division handled a total of 2,174
cases. This number constitutes all misdemeanors and infractions in which my office opened a file
or appeared in court within that time period. This number does not reflect infraction or
misdemeanor cases resolved without our involvement, cases that were submitted but prosecution
was declined, probation violations, or contempt proceedings.
Of those 2,174 total cases, 209 came from Eagle, which amounts to 9.61% of the total caseload
in the Magistrate Division during that time period. However, it is necessary to point out that
these numbers are lower than expected due to COVID-19. For example, between June 1, 2020
and June 26, 2020, we were aware of an additional 28 Eagle cases that had not yet been set for
court dates, but had the potential to become part of the caseload of the Magistrate Division.
As I explained to the City Council for Eagle during a budget presentation on July 23, 2020, the
cost of prosecution to Eagle for FY 2021 is $64,000.00, which is the same cost Eagle paid Ada
County for prosecution services pursuant to Agreement No. 13366.
Jason Pierce, Mayor
c/o Tracy Osborn
August 13, 2020
Page 2
The enclosed agreement is substantively identical to the Agreement No.
following:
1. Section 1.4 of the agreement was updated to accurately reflect
office has been reporting to Eagle on a quarterly basis.
2. A signature line was added for Jan M. Bennetts, Ada County Prosecuting Attorney.
Please review the enclosed agreement to ensure it meets your expectations. If the agreement is
acceptable, please sign two (2) original copies of the agreement and return the signed copies to:
13366, except for the
Tracie Smith
Ada County Prosecutor's Office
200 W. Front Street
Boise, ID 83702
what information my
Once a signed copy of the agreement has been returned to our office, it will be forwarded to Ms.
Bennetts and the Board of Ada County Commissioners for their consideration and signature.
Once the agreement is fully executed, we will return a fully executed copy of the agreement to
the following address:
City of Eagle
Attention: Tracy Osborn
660 E. Civic Lane
Eagle, ID 83616
If you have any questions, please contact me at (208) 287-7700.
Sincerely,
JAN M. BENNETTS
Ada County Prosecuting Attorney
RobJt M. Bleazard
Magistrate Division Supervisor
Tracy Osborn
From: Robert Bleazard <rbleazard@adacounty.id.gov>
Sent: Thursday, August 13, 2020 1:41 PM
To: Tracy Osborn
Cc: David Roscheck; Jennifer Harkness -Nagel
Subject: Eagle 2021 Prosecution Services Agreement
Attachments: EAGLE PROSECUTION SERVICES AGMT FY21.pdf; Eagle City Cover Letter 2021.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Please see the attached letter and prosecution services agreement for fiscal year 2021. Please let me know if you have
any questions.
Best Regards,
Robert M. Bleazard I Deputy Prosecutor
.11agistrate 1)ivision Supervisor
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