JPA - 2019 - Prosecution Services - 9/10/2019AGREEMENT NO. C 3 J (0(.0
JOINT POWERS AGREEMENT BETWEEN ADA COUNTY,
THE ADA COUNTY PROSECUTING ATTORNEY'S OFFICE,
AND THE CITY OF EAGLE RELATING TO
PROSECUTION SERVICES FY 2020
THIS JOINT POWERS AGREEMENT ("Agreement") made and entered into this
day of 2019, 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:
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 Sheriff's 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 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,
JOINT POWERS AGREEMENT BETWEEN ADA COUNTY, THE ADA COUNTY
PROSECUTING ATTORNEY'S OFFICE, AND THE CITY OF EAGLE RELATING TO
PROSECUTION SERVICES FY 2020 — 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 the number of
citations and formal complaints filed for misdemeanor cases, a summary of all charges filed, the
number of court appearances for each case, if there is a victim or victims in each case, the final
disposition of the case, including if the charges were amended or reduced, and the term of any
jail sentence imposed.
1.5 In consideration for duties, services, and functions heretofore described in
Section 1, the City shall pay to the PA the sum of Sixty -Four Thousand Dollars ($64,000.00) 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 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.
JOINT POWERS AGREEMENT BETWEEN ADA COUNTY, THE ADA COUNTY
PROSECUTING ATTORNEY'S OFFICE, AND THE CITY OF EAGLE RELATING TO
PROSECUTION SERVICES FY 2020 — 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 services 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, 2019, and unless
otherwise terminated, shall continue in effect until September 30, 2020. This Agreement may be
renewed upon the mutual written consent of the parties.
1.8 Termination Process. Each party may initiate a process to terminate this
Agreement as follows:
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.
JOINT POWERS AGREEMENT BETWEEN ADA COUNTY, THE ADA COUNTY
PROSF,CUTING ATTORNEY'S OFFICE, AND THE CITY OF EAGLE RELATING TO
PROSECUTION SERVICES FY 2020 — PAGE 3
1.9 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.
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.
JOINT POWERS AGREEMENT BETWEEN ADA COUNTY, THE ADA COUNTY
PROSECUTING ATTORNEY'S OFFICE, AND THE CITY OF EAGLE RELATING TO
PROSECUTION SERVICES FY 2020 — 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 of the City and the PA.
1.11 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.
1.12 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 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.
JOINT POWERS AGREEMENT BETWEEN ADA COUNTY, THE ADA COUNTY
PROSECUTING ATTORNEY'S OFFICE, AND THE CITY OF EAGLE RELATING TO
PROSECUTION SERVICES FY 2020 — PAGE 5
1N WITNESS WHEREOF, the parties have executed this Agreement.
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Sharon K. Bergman, City Clerk
CITY OF EAGLE
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Board of Ada County Commissioners
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Phil M !crane, Ada County Clerk
by Trent Tripple, Chief Deputy
Kendra Kenyon, Commissioner
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ommissioner
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Rick Visse Commissioner
JOINT POWERS AGREEMENT BETWEEN ADA COUNTY, THE ADA COUNTY
PROSECUTING ATTORNEY'S OFFICE, AND THE CITY OF EAGLE RELATING TO
PROSECUTION SERVICES FY 2020 — PAGE 6