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Home My WebLink About24-019-MCT-001 Interlocal Agreement uocu-jign Envelope ID:9EC6C7D40834-44E9-8C63-98D31 DOEOD80 COA#24-019-MCT-001 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN SKAGIT COUNTY Skagit County Contract# C20230584 AND Page 1 of 7 The City of Anacortes THIS AGREEMENT is made and entered into by and between the City of Anacortes, Washington ("City") and Skagit County, Washington ("County") pursuant to the authority granted by Chapter 39.34 RCW, INTERLOCAL COOPERATION ACT. 1. PURPOSE: To provide uniformity and consistency of indigent defense screening services between County and City, ensuring a person's right to counsel in compliance with RCW 10.101.005 (The legislature finds that effective legal representation should be provided for indigent persons and persons who are indigent and able to contribute, consistent with the Constitutional requirements of fairness, equal protection, and due process in all cases where the right to counsel attaches.) 2. RESPONSIBILITIES: The Office of Assigned Counsel, County, agrees to provide The City of Anacortes with assigned counsel screening services for in-custody clients only. The screening shall consist of an independent confidential interview and determination of indigence, for those persons referred by the Municipal Division of the Skagit County District Court, pursuant to RCW 10.101.020. The Office of Assigned Counsel will have no obligation to provide financial screening services for out-of-custody individuals with City of Anacortes. 2.1 The Court must designate the Office of Assigned Counsel to make determinations of indigency as approved herein. Indigent criminal defense services are constitutionally guaranteed where deprivation of liberty is at stake. Determinations of indigency shall be made in accordance with the standards set out in Chapter 10.101 RCW, which is incorporated into this Agreement as it now exists or may be hereafter amended. 2.2 The interviews will be conducted in the Skagit County Community Justice Center. The interview process ensures that only those meeting financial eligibility standard are provided with counsel at City expense. Determined by 125% of the current federally established poverty level. INTERLOCAL AGREEMENT Page 1 of 5 DocuSlgn Envelope ID:9EC6C7D4-0834-44EMC63-98D31 DOEOD80 2.3 Upon completion of the financial interview, an appointment of counsel referral will be sent to the City Public Defender and City Financial Screener for notification of representation for indigent defendants. Those deemed "Not Indigent" or "Indigent and Able to Contribute" will be assigned an attorney on a provisional basis (Release Only), while in custody at City of Anacortes expense. They shall be directed to follow up with the City of Anacortes Financial Screener upon release from custody for further determination of indigency. Office of Assigned Counsel shall have no further involvement upon completion of the financial review. 3. TERM OF AGREEMENT: The term of this Agreement shall be from January 1st, 2024 through December 31st, 2026. City and County shall evaluate effectiveness and economies achieved by the agreement and may extend the agreement by subsequent written document. 4. MANNER OF FINANCING: The City agrees to pay for such services the sum of Forty Dollars ($40.00)for each referral from the Office of Assigned Counsel. Such sums shall be paid promptly according to normal City payment practices, following receipt of a statement from the County (Office of Assigned Counsel). There will be a 5% annual increase to the referral fee, beginning January 2025. 5. The Skagit County Office of Assigned Counsel shall maintain records of financial interview screening forms for 3 years, in accordance with the current records retention schedule. 6. ADMINISTRATION: The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. In the event such representatives are changed,the party making the change shall notify the other party. 6.1 The County's representative shall be Carmen Purcell, Director. 6.2 City's representative shall be Emily Schuh, City Administrator. 7. TREATMENT OF ASSETS AND PROPERTY: No fixed assets or personal or real property will be jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. INTERLOCAL AGREEMENT Page 2 of 5 DocuSign Envelope ID:9EC6C7D4.0834-44E"C63-98D31DOEOD80 8. INDEMNIFICATION: Each party agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions or those of their officials, officers, agents, or employees to the fullest extent required by law, and further agrees to save, indemnify, defend, and hold the other party harmless from any such liability. It is further provided that no liability shall attach to the County by reason of entering into this contract except as expressly provided herein. 9. TERMINATION: Any party hereto may terminate this Agreement upon thirty (30) days notice in writing either personally delivered or mailed postage-prepaid by certified mail, return receipt requested, to the party's last known address for the purposes of giving notice under this paragraph. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 10. CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS: The Agreement may be changed, modified, amended or waived only by written agreement executed by the parties hereto. Waiver or breach of any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. 11. SEVERABILITY: In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. 12. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated herein by reference are attached. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. INTERLOCAL AGREEMENT Page 3 of 5 DocuSign Envelope ID:9EC6C7D40834A4E9-8C63-98D31 DOEOD80 CITY OF ANACORTES Matt Miller, Mayor ATTEST: Clerk, City 6f Anacortes APPROVED AS TO FORM: Attorne , City of Anacortes INTERLOCAL AGREEMENT Page 4 of 5 DocuSign Envelope ID:9EG6C704-0834-44E9-8C63-98D31DOEOD80 DATED this—L day of UC41 I W 202_a BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY,WASHINGTON K'e-00 Yam. Ron Wesen, Chair Lisa Janicki, Commis i ner Attest: Peter Br in (Commissioner �" Clerk of the Board For contracts under$5,000: Authorization per Resolution R20030146 mmended: County Administrator pop 3epartme Head Approved as to form: Civil Deputy Prosecuting Attorney Approved as to indemnification: Risk Ma ager Approved as to budget: 1-'C'�- 6T�� Budget&Finance Director INTERLOCAL AGREEMENT Page 5 of 5