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Home My WebLink AboutChild Abuse Investigation Agreement 2012 CHILD ABUSE INVESTIGATION AGREEMENT THIS AGREEMENT is entered into by and between BENTON COUNTY and the following: CITY OF PASCO CITY OF KENNEWICK CITY OF RICHLAND CITY OF WEST RICHLAND CITY OF PROSSER CITY OF CONNELL FRANKLIN COUNTY (collectively referred to as "Participating Agencies") . SECTION 1 - PURPOSE Benton County shall hire one or more child interviewers ("child interviewer" ) qualified and trained to provide objective, forensic interviews of children to determine if abuse occurred and the details of any abuse. The interviews by the child interviewer will be used in investigations and prosecution. The Participating Agencies, desiring the services of the child interviewer for their own investigations and prosecution, have agreed to pay for a portion of the salary and associated costs of the child interviewer. Thus, it is the purpose of this Agreement, in accordance with the Interlocal Cooperation Act (RCW Chapter 39.34) , to provide for a joint use of the child interviewer' s services. No separate legal entity is intended to be created by this Agreement, and for the purposes of RCW 39.34 . 030, no property, real or personal, is intended to be acquired, held or disposed of incident to this Agreement, and no operating fund is anticipated to be created. Nothing in this Agreement shall be construed to relieve any public agency of any obligation or responsibility imposed on it by law. SECTION 2 - AVAILABILITY The child interviewer shall be available for interviews during normal business hours and also available on an "on call" basis. SECTION 3 - ADMINISTRATION The child interviewer shall be an employee of Benton County. As an employee, Benton County shall provide direct supervision and shall perform all administrative functions concerning the child interviewer, including, but not limited to, determination of Page 1 of 7 benefits and related conditions of employment. Benton County shall have authority to terminate the child interviewer pursuant to the law and rules that apply to Benton County. SECTION 4 - CHILD INTERVIEWER PROCEDURES 4 . 1 Child interviewer shall provide documentation of the interview to the Participating Agency requesting the interview and shall testify at any criminal trial when requested by the Participating Agency. The child interviewer is considered a criminal justice agency for purposes of RCW 10 . 97 and shall not disseminate any information about an interview to any non-criminal justice agency without the permission of the appropriate Participating Agency. If the child interviewer is subpoenaed by any non-criminal justice agency, the interviewer shall notify the appropriate Participating Agency. 4 . 2 The Benton County Prosecuting Attorney' s Office shall form an advisory group consisting of representatives of each of the Participating Agencies . The advisory group will review the interview procedures, protocols and communication issues as well as the quality of the interview, documentation and testimony. The advisory group will meet at least quarterly. SECTION 5 - BUDGET REVIEW 5 . 1 Benton County shall prepare a proposed budget for the following calendar year regarding the child interviewer' s salary and associated costs and shall forward it to the Participating Agencies by June 1st. Each Participating Agency shall review and comment on the proposed budget in a timely manner so that a final budget can be prepared and forwarded to each Participating Agency by August 1st . The budget shall include the allocable expense to each jurisdiction. The proposed budget for calendar year 2012 is attached hereto as Exhibit "A. " 5 .2 The Participating Agencies shall be responsible for transmitting the jurisdiction allocation to their respective governing bodies in order to serve a commitment for funding of the budget for the following year. SECTION 6 - COMPENSATION As compensation for the use of the child interviewer' s services, each Participating Agency shall pay Benton County a percentage of the actual costs (salary and associated costs) incurred by Benton County. The percentage each Agency is obligated to pay is based on the Jurisdiction Allocation Formula, as set forth below. Allocation is based on a 50/50 split between Page 2 of 7 prosecution and law enforcement . Allocation between jurisdictions is based on population. JURISDICTION ALLOCATION FORMULA FOR CHILD INTERVIEWER ALLOCATION FOR CHILD INTERVIEWER PROSECUTION ,AW ENFORCEMENT TOTAL Kennewick -0- 14 .500 (50% of 29) 14.50% Richland -0- 9.50% (50% of 19) 9.50% Benton County 34% (50% of 68) 6 .5% (50% of 13) 41% West Richland -0- 2 .5% (50% of 5) 2 . 5% Prosser -0- 1% (50% of 2) 1% Pasco -0- 12% (50% of 24) 12% Franklin County 160 (50% of 32) 3% (50% of 6) 18 . 50% Connell -0- 1% (50% of 2) 1% TOTAL 50% 500-0 100% SECTION 7 - PAYMENT Benton County shall determine the actual costs incurred on a quarterly basis and shall calculate the amount each Participating Agency owes using the Jurisdiction Allocation Formula. Benton County shall then submit a quarterly voucher to each Participating Agency on or before the 15th day of each month following the quarter. Each Participating Agency shall pay Benton County the compensation set forth in Section 6 herein within thirty days from receipt of such voucher. Account balances overdue 30 days or more will be subject to a service charge of 1% per month (12% per annum) . Should it become necessary, all collection costs shall be paid by the defaulting party. SECTION 8 - WITHDRAWAL 8 . 1 Any party to this Agreement may withdraw by serving a notice of withdrawal upon all other parties to the Agreement. This notice shall be given by August 30th of any year to be effective December 310t of that same year. 8 . 2 In the event a party withdraws from this Agreement, the Jurisdiction Allocation Formula set forth in Section 6, may be amended pursuant to Section 12 . Page 3 of 7 SECTION 9 - DURATION OF AGREEMENT 9 . 1 This Agreement shall be effective April 1, 2012 . This Agreement shall have a duration of five (5) years, and shall be renewed annually thereafter by a majority 'vote of the parties. 9. 2 The parties may agree by unanimous consent to terminate this Agreement and said termination would be effective December 31"t of that same year. SECTION 10 - LIABILITY 10 . 1 Each party to this Agreement is responsible for the conduct and action of its officers, agents and employees and shall hold harmless, indemnify and defend all other parties to this Agreement from and against any and all claims, loss and damages of any nature whatsoever resulting from, arising out of or incident to any act or omission of its officers, agents and employees in the performance of this Agreement and child abuse investigation and prosecution. 10 . 2 With respect to the performance of this Agreement and child abuse investigation and prosecution, as to any claims against any party to this agreement or their officers, agents, and employees, each Participating Agency expressly waives it immunities under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligation to indemnify defend and hold harmless provided for in this section extends to any claim brought by or on behalf of any employee of the respective Participating Agency. This waiver is mutually negotiated by the parties . SECTION 11 - PROHIBITION AGAINST ASSIGNMENT No party to this Agreement may assign any right, claim or interest it may have under this Agreement . SECTION 12 - AMENDMENT This Agreement may be amended from time to time as deemed appropriate by the parties, provided, that such amendment shall become effective only after it has been adopted in writing by each of the parties . SECTION 13 - SEVERABILITY Should any portion of this Agreement 'be deemed by a court of law of the state legislature to be illegal or unenforceable, to the Page 4 of 7 extent practicable, every other portion, which is not illegal or unenforceable, shall remain in effect . SECTION 14 - COUNTERPART COPIES This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. SECTION 15 - AGREEMENT COMPLETE The foregoing constitutes the full and complete Agreement of the parties. All oral understandings and agreements are set forth in writing herein. DATED this o� day of &E,=b Q(�la BENTON COUNTY, WASHINGTON FRANKLIN COUNTY, WASHINGTON JIM BEAVER, Chairman BRAD PECK , Chairman ATT)R�T: ATTEST: I MCKENZIE MARY W HERS Clerk of the Be County Clerk of the Franklin County Board of County Commissioners Board of County Commissioners Al STEVE KEANE, Sheriff RICHARD LA6kNl, Sheriff Approved As To Fo Approed (iAl'� 4-P Y MILLER SHAWN P. SANT Benton County Prosecuting Franklin County Prosecuting Attorney Attorney ... ...... ......... C TY OF OF RICHLAND I--- —— f wjk+—� STEVE YOUNG, Ma C rnso ri, Ciij- manaJc-e'r Page 5 of 7 KEN HOHENBERG, Poi ' ief CHR S INNER, Police Chief Approved As To Form: Approved As T Form: LISA BEATON, City Attorney TOM LAMPSON, Citf Attorney CITY OF PASCCO�� CIT OF WES� ICHLAND � � T WATKINS, Mayor DONNA NOSKnI,, Mayor ROBERT METZGE olice Chief BRIAN McELROY, Police hief Approved As To Form: Approved As To Form: ............................ i ,< �, LEE KERR, City Attorney BRONSON BROWN, City Attorney CITY F PRO/SSE/R CITY OF CONNELL e PA WARDEN, Mayor GARY WALTON, Mayor A= P T Mc LOUGH, Police Chief MIKE KESSLER, Police Chief Approved As rm• Approv s T HOWARD SAXTON, City Attorney DAN City Attorney Page 6 of 7 ATTACHMENT A PROPOSED BUDGET - CALENDAR YEAR Office Rent . . . . . . . . . . . . . . . $12 , 329 Child Interviewer . . . . . . . . . . . . $64 , 080 Medical . . . . . . . . . . . . . . . . . $10, 608 Social Security . . . . . . . . . . . . . $ 4, 902 L&I . . . . . . . . . . . . . . . . . . . $ 71 Retirement . . . . . . . . . . . . . . . $ 5, 215 VEBA Contribution . . . . . . . . . . . . $ 2 , 243 Accumulated Leave . . . . . . . . . . . . $ 1, 355 Total . . . . . . . . . . . . . . . . $100 , 803 PROPOSED ALLOWABLE EXPENSE TO EACH JURISDICTION Kennewick (14 . 50%) . . . . . . . . . . . $14, 616 Richland (9 . 50%) . . . . . . . . . . . . $ 9, 576 Benton County (41%) . . . . . . . . . . $41 , 330 West Richland (2 . 5%) . . . . . . . . . . $ 2 , 520 Prosser (1%) . . . . . . . . . . . . . . $ 1 , 008 Pasco (12%) . . . . . . . . . . . . $12 , 096 Franklin County (18 . 50%) . . . . . . . . $18 , 649 Connell (1%) . . . . . . . . . . . . . . $ 1, 008 Page 7 of 7