Loading...
JPA - 2021 - FY 2022 Prosecution Services Agreement - 9/30/2021 AGREEMENT NO. 'C>?)_— AGREEMENT BETWEEN ADA COUNTY, THE ADA COUNTY PROSECUTING ATTORNEY'S OFFICE, AND THE CITY OF EAGLE RELATING TO PROSECUTION SERVICES FY 2022 THIS JOINT POWERS AGREEMENT ("Agreement") made and entered into this day of :;,Ai, p , 2021, 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, Idaho, 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: I. 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. The PA may, on a case-by-case basis, prosecute city code violations investigated and/or charged by the ACSO subject to the PA's absolute discretion in such matters as set forth in Section 1.2, but the PA is under no obligation to do so. AGREEMENT BETWEEN ADA COUNTY, THE ADA COUNTY PROSECUTING ATTORNEY'S OFFICE, AND THE CITY OF EAGLE RELATING TO PROSECUTION SERVICES FY 2022—PAGE 1 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 the code of the City. The PA shall have and retain absolute discretion on all matters included in this Agreement, such as, but not limited to, 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, except for those that the PA, on a case-by-case basis and in its absolute discretion, chooses to prosecute pursuant to Section 1.1. 1.4 If, during the PA's prosecution of a city code violation, the enforceability and/or validity of the city code section underlying the violation, including the constitutionality of such section, is called into question by the PA or is otherwise challenged, prosecution of the city code violation shall revert back to City to be prosecuted and/or resolved at City's sole expense and in City's absolute discretion. 1.5 The PA agrees to provide to City written quarterly reports detailing, for the given time period: a. A summary of all charges filed 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. 1.6 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 ($64,000.00) for AGREEMENT BETWEEN ADA COUNTY, THE ADA COUNTY PROSECUTING ATTORNEY'S OFFICE, AND THE CITY OF EAGLE RELATING TO PROSECUTION SERVICES FY 2022—PAGE 2 • 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. 1.7 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 of performance 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. 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 services herein described. Ownership of equipment purchased by the PA to perform its duties under this agreement is retained by the PA. 1.8 Duration. This Agreement is effective upon authorization and signature by all parties, except that services and charges shall commence on October 1, 202I, and unless otherwise terminated, shall continue in effect until September 30, 2022. This Agreement may be renewed upon the mutual written consent of the parties. 1.9 Termination Process. Each party may initiate a process to terminate this Agreement as follows: AGREEMENT BETWEEN ADA COUNTY, THE ADA COUNTY PROSECUTING ATTORNEY'S OFFICE, AND THE CITY OF EAGLE RELATING TO PROSECUTION SERVICES FY 2022—PAGE 3 a. Notice of Termination. 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. 1.10 Indemnification and Insurance. a. 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, agents 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 all 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 officers, agents or employees. b. 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, or 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. AGREEMENT BETWEEN ADA COUNTY, THE ADA COUNTY PROSECUTING ATTORNEY'S OFFICE, AND THE CITY OF EAGLE RELATING TO PROSECUTION SERVICES FY 2022—PAGE 4 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 in 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 judgment 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. 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 liabilit) 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. 1.11 Amendments. This Agreement may be amended at any time by mutual written agreement of the City and the PA. 1.12 Agreement Administration. a. Agreement 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. 1.13 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 AGREEMENT BETWEEN ADA COUNTY, THE ADA COUNTY PROSECUTING ATTORNEY'S OFFICE, AND THE CITY OF EAGLE RELATING TO PROSECUTION SERVICES FY 2022 — PAGE 5 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 be a modification of the terms of the Agreement unless stated to be such through written approval by the County, which shall be attached to the original Agreement. IN WITNESS WHEREOF,the parties have executed this Agreement. CITY OF EAGLE By: --� so Pierce,Mayor t A T: nor z Tracy E. ,City Clerk V o* to i C,. rl�� ..... AGREEMENT BETWEEN ADA COUNTY, THE ADA COUNTY PROSECUTING ATTORNEY'S OFFICE, AND THE CITY OF EAGLE RELATING TO PROSECUTION SERVICES FY 2022—PAGE 6 Board of Ad, ounty Commissioners By: od Beck,Commissioner R avids , .ommissioner By: / —~ endra missioner ATTEST: Phil McGrane, Ada County Clerk Ada County Prosecuting Attorney By: Jan M. ennetts, 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 2022 —PAGE 7