JPA - 2023 - Prosecution Services Agreement FY23 - Gem County, Gem County Prosecuting Attorney - 5/22/2023PROSECUTION SERVICES FY23 AGREEMENT — EAGLE CITY / GEM COUNTY
GEM COUNTY. GEM COUNTY PROSECUTING ATTORNEY AND CITY OF EAGLE
THIS AGREEMENT, made between GEM COUNTY, a political subdivision of the State of Idaho,
hereafter referred to as "GEM COUNTY" and the GEM COUNTY PROSECUTING ATTORNEY,
hereinafter referred to as "CITY PROSECUTOR," and the CITY OF EAGLE, a municipal
corporation in the State of Idaho, hereafter referred to as "CITY," and is pursuant to Idaho
Code§ 67-2332, which authorizes counties and cities to enter into interagency agreements
for the performance of services authorized by law. GEM COUNTY and CITY are public
agencies within the definition provided in Idaho Code §67-2327 and the Gem County
Prosecuting Attorney is a public officer under the Idaho Constitution. Collectively, these
entities are hereafter referred to as the "PARTIES."
WHEREAS, CITY, pursuant to Idaho Code§ 50-208A(2), desires to obtain professional
services for Criminal Misdemeanor and Infraction Prosecution; and
WHEREAS, the Gem County Board of Commissioners, pursuant to Idaho Code § 31- 3113,
has unanimously approved the Gem County Prosecuting Attorney to contract with CITY to
prosecute non -conflicting misdemeanors and infractions; and
WHEREAS, CITY PROSECUTOR acknowledges the services to be performed under this
Agreement and agrees to perform such services in accordance with the terms of payment
as described in this Agreement.
It is mutually agreed by the PARTIES that:
SECTION 1
Data and Services to be Provided by CITY
The following data and services are to be provided by CITY without cost to CITY
PROSECUTOR:
Provide ongoing review of CITY PROSECUTOR's work and timely consideration of policy
issues at a time acceptable to both CITY and CITY PROSECUTOR.
Provide timely access to all relevant records as requested by CITY PROSECUTOR for
successful prosecution of cases and in furtherance of justice. CITY will provide access to
police officers, Code Enforcement, clerical staff and any other employee as requested by
CITY PROSECUTOR in order to perform services under this Agreement.
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Eagle City — Gem County
Prosecution Contract
Data and Services to be Provided by CITY PROSECUTOR
CITY PROSECUTOR wilt provide the following data and services to CITY:
Prosecute all criminal misdemeanors and infractions that occur within the municipal limits
of CITY that are located in GEM COUNTY.
Provide 24/7 on -call services to CITY law enforcement officers for misdemeanor law
violations that occur within the municipal limits of CITY that are located in GEM COUNTY.
Provide victim witness services during regular business hours in misdemeanor cases
covered by this Agreement, including timely contact with victims.
Prosecutorial intake review of all police or Code Enforcement generated reports or
citations for cases covered by this Agreement and prosecute as deemed appropriate.
CITY PROSECUTOR has absolute discretion as to charging, case strategy, dismissal, case
management, staffing, control of personnel rendering service, and other matters
incident to the performance of the services provided under this Agreement.
Provide legal training for CITY law enforcement officers upon request of CITY's Police Chief.
Provide City written quarterly reports detailing, for the given time period:
a) A summary of all charges filed by the CITY PROSECUTOR for misdemeanor offenses
that occurred in the municipal limits of CITY that are located in GEM COUNTY.
b) A summary of the disposition of all charges filed by the CITY PROSECUTOR for
misdemeanor offenses
CITY PROSECUTOR does not assume liability or responsibility for, or in any way release
the CITY from, any liability or responsibility which arises from the existence or effect of
CITY ordinances, policies, rules or regulations.
SECTION 2
ADDITIONAL PROVISIONS
Independent Contractor
In all matters pertaining to this Agreement, CITY PROSECUTOR shall be acting as an
independent contractor, and neither CITY PROSECUTOR nor any officer, employee or
agent of CITY PROSECUTOR, will be deemed an employee of CITY.
Notices
Any and all notices required to be given by any of the PARTIES hereto, unless otherwise
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Eagle City — Gem County
Prosecution Contract
stated in this Agreement, shall be in writing and be deemed communicated when
mailed in the United States mail, certified, return receipt requested, addressed as
follows:
CITY
City of Eagle Office of the Mayor
660 E Civic Lane
PO Box 1520
Eagle, Idaho 83616
COMMISSIONERS
Board of County Commissioners Gem
County Courthouse
415 East Main Street
Emmett, Idaho 83617
CITY PROSECUTOR
Gem County Prosecuting Attorney
306 E Main Street
Emmett, Idaho 83617
Assienment
CITY PROSECUTOR shall not sell, assign or transfer all or any portion of its interest in
this Agreement at any time.
Reports and Information
At such times and in such forms as CITY may require, CITY PROSECUTOR shall furnish to CITY
such statements, records or other communication or information as required by CITY.
Publication. Reproduction and Use of Material
No material produced in whole or in part under this Agreement shall be subject to
copyright in the United States or in any other country. Subject to the limitations of law,
CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in
part, any reports, data or other materials prepared under this Agreement.
Compliance with Laws
In performing the scope of services required hereunder, CITY PROSECUTOR shall comply
with all applicable laws, ordinances, and codes of Federal, State, and Local governments and
all Codes of Ethics applicable to the legal profession.
Amendments
This Agreement may not be amended, modified, altered or changed except by further
agreement in writing duly executed by the parties.
Termination
Any party may terminate this Agreement at any time by giving at least ninety (90) days'
notice in writing to the other PARTIES.
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Eagle City — Gem County
Prosecution Contract
If the Agreement is terminated by CITY, CITY PROSECUTOR will be paid an amount which
bears the same ratio to the total compensation as the services actually performed bear to
the total services of CITY PROSECUTOR covered by this Agreement, less payments of
compensation previously made.
In the event of a termination, all finished or unfinished documents, data, studies, case
files, court dockets and schedules, defendant lists, victim records, case work notes, reports
and any and all other writings and communication records prepared by CITY PROSECUTOR
under this Agreement shall, at the option of CITY, become its property.
Notwithstanding the above, CITY PROSECUTOR shall not be relieved of liability to CITY for
damages sustained by CITY by virtue of any breach of this Agreement by CITY
PROSECUTOR, and CITY may withhold any payments to CITY PROSECUTOR for the purposes
of setoff until such time as the exact amount of damages due CITY from CITY PROSECUTOR
is determined. This provision shall survive the termination of this Agreement and shall not
relieve CITY PROSECUTOR of its liability to CITY for damages.
Losing Party Responsible for Reasonable Costs
In the event of any action brought by either party against the other to enforce any of the
obligations under this Agreement or arising out of any dispute concerning the terms and
conditions hereby created, the losing party shall pay the prevailing party such reasonable
amounts of fees, costs and expenses, including attorneys' fees, as may be set by the Court.
Binding of Successors
This Agreement shall be binding upon the partners, successors, assigns and legal
representatives of the parties.
Authorization to Proceed
Execution of this Agreement by CITY and CITY PROSECUTOR shall constitute authorization
for CITY PROSECUTOR to proceed with the work.
Term
The initial term for this Agreement shall commence upon the signing of all PARTIES and
shall run through September 30, 2023.
Extent of Agreement
This Agreement represents the entire and integrated Agreement between CITY and CITY
PROSECUTOR and supersedes all prior negotiations, representations or agreements, either
written or oral.
Severabilitv
If any clause, sentence, paragraph, article, or other part of this Agreement shall for any
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Eagle City — Gem County
Prosecution Contract
reason be declared invalid by a court of competent jurisdiction, such judgment shall not
effect, impair, or invalidate the remainder of this Agreement, but shall be confined in its
operation to the clause, sentence, paragraph, article or part thereof directly involved in the
controversy in which the judgment is entered.
SECTION 3
Payment to CITY PROSECUTOR
In consideration of CITY PROSECUTOR's performance of prosecutorial services contemplated by
this Agreement, CITY agrees to pay to the Gem County Clerk in a single installment as follows:
For that period beginning at the date of signing and concluding September 30, 2023: A
single payment with a monthly amount equal to Two Hundred and Fifty Dollars ($250). This
period shall be prorated and begin on the date that the City of Eagle's annexation into Gem
County becomes effective and cover the time from that date to September 30, 2023.
Each July and/or August as GEM COUNTY finalizes its annual budget, CITY PROSECUTOR will
contact CITY's Mayor regarding possible cost of living adjustments being allocated in CITY's
budget as indicated above in this Section.
Costs
All costs relating to the recruitment, hiring and remuneration of staff, including benefits,
costs of production of discovery of video, audio, documents (reports), statements, and any
other discoverable, requested information or evidence by a defendant or his counsel, office
supplies, copiers (including repairs), training, association memberships, Idaho State Bar
licensing, profit and any and all other costs related to the operations of the office or of CITY
PROSECUTOR's commitment to the contract will be the responsibility of CITY PROSECUTOR.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to date and year
shown by the attestation.
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Eagle City — Gem County
Prosecution Contract
By
GEM COUNTY PROSECUTING ATTORNEY
y �+•;•�L.., � �.: i'sun
GEM COUNTY COMMISSIONERS
— Motion Carried Unanimously
_ Motion Carried/Split Vote Below
Motion Defeated plit Vote Below
By:
By:
By:
issioner Mark Rekow
Commissioner Kirk Wille
Commissioner Bill Butticci
ATTEST: Shelly Tilton, County Clerk
By:'•.
Date:
Shelly Tilton/Deputy Clerk
Mayor Jason Pierce
ATTEST: racy Osborn, Cler
By
y Clerk Tracy Osborn
Date:
Eagle City — Gem County
Prosecution Contract
Yes
v
CITY OF EAGLE
Page 6 of 6
No
Did Not Vote