2003, 03-13 Regular MeetingCITY OF SPOKANE VALLEY
CITY COUNCIL AGENDA — REGULAR MEETING
CITY HALL AT REDWOOD PLAZA
1.1707 East Sprague Avenue, First Floor
Spokane Valley, Washington
Thursday, March 13, 6:00 p.m.
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
4. ROLL CALL
5. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
6. APPROVAL OF AGENDA
7. PUBLIC COMMENTS (For members of the public to speak to the Council regarding natter NOT on thc
agenda. Please state your name, address and subject for thc record and limit remarks to three minutes. Thank you.)
8. COUNCIL REPORTS
9. CONSENT AGENDA (Consists of items considered routine which arc approved as a group. A
Councilrnember may remove an item from the Agenda to he considered separately.)
10. ACTION ITEMS
A) Ordinances — First Reading
1) Agenda Bill No. 2003 -041, Employee Personnel Policies and Benefits
(Ordinance No. 44) (PUBLIC COMMENT ON ORDINANCE NO. 44)
B) Contracts
1) Agenda Bill No. 2003 -062, Municipal Court Services (Interlocal
Agreement No. CO3 -10) (PUBLIC COMMENT ON INrERLoCAL NO. CO3 -10)
2) Agenda Bill No. 2003 -063, Prosecutor Services (Interlocal Agreement
No. CO3 -11) (PUBLIC COMMENT ON IN IRLOCALNO.0O3 -I I)
3) Agenda Bill No. 2003 -064, Public Defender Services (Interlocal
Agreement No. CO3 -12) (PUBLIC COMMENT ON 1NTERLOCAI,,NO. CO3 -12)
4) Agenda 13111 No. 2003 -065, Jury Management Services (Interlocal
Agreement No. CO3 -1 (PUBLIC COMMENT ON INrERLOCAL. NO. CO3 -13)
Council Agenda: March 13, 2003
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11. CITY MANAGER AND STAFF REPORTS
12. PUBLIC COMMENTS (Maximum of three minutes please; state your name, address and subject for the
record)
13. NEW BUSINESS
14. ADJOURNMENT
Adjourn to Study Session
FUTURE SCHEDULE
A) Mar. 18, 2003, Council Study Session, 6:00 p.m., City Hall
13) Mar. 25, 2003, Council Regular Meeting, 6:00 p.m., City Hall
C) Mar. 27, 28, 29, 2003 City Manager Final Interviews
D) Mar. 31, 2003, SPOKANE VALLEY INCORPORATION
E) Apr. 1, 2003, Council Study Session, 6:00 p.m., City Hall
F) Apr. 8, 2003, Council Regular Meeting, 6:00 p.m., City Hall
G) Apr. 15, 2003, File Public Disclosure Reports
H) Apr. 15, 2003, Council Regular Meeting, 6:00 p.m., City Hall
Council Agenda; March 13, 2003
2
NAME
PRESENT /ABSENT
COMMENTS
Mayor Michael
DeVleming- Position No. 3
0 //
Deputy Mayor Diana
Wilhite- Position No. 1
Councilmembcr Dick
Denenny - Position No. 7
Councilmembcr Mike
Flanigan- Position No. 6
0
�/
Councilmembcr Rich
Munson - Position No. 5
Councilmembcr Gary
Schimmels- Position No. 4
Councilmembcr Steve
Taylor-Position No. 2
CITY OF SPOKANE VALLEY /
COUNCIL 'MEETING DATE 4f. / 3 . 4 Q d 3
COUNCIL ROLL CALL
Ruth Muller
From: Stan M Schwartz [sms @notes.wkdtlaw.com]
Sent: Tuesday, March 11, 2003 2:28 PM
To: rmuller @spokanevalley.org
Cc: jemacio @spokanecounty.org
Subject: Prosecutor, Public Defender and District Court
I have reviewed the above three modified agreements received on 3.10.03 and 3.11.03. All the changes are
acceptable and I recommend approval by the Council this Thursday. I note that Stan McNutt and Jim Emacio
spoke about a change to the District Court Agreement that would relate to a decrease in cost of service to the City
if the County decreased cost of service to other jurisdictions. I assume this change will be made by Jim and the
document will be forwarded.
Jim, thanks for the work.
3/11/2003
g te_A i c —r._ Page 1 of 1
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SUBMITTED BY: Don Morrison
CITY OF SPOKANE VALLEY
REQUEST FOR COUNCIL ACTION
Agenda Bill No. 2003 -041
DATE ACTION IS TITLE:
REQUESTED:
February 25, 2003 - continued PERSONNEL ORDINANCE
March 6, 2003 - continued
March 13, 2003 ATTACHMENTS:
APPROVED FOR
\ COUNCIL PACKET:
City Manager
Dept. Head
Attorney Approve
As To Form
- Transmittal Memo
- Proposed Ordinance No. 44
TYPE OF ACTION:
X Ordinance
Resolution
Motion
Other
STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Suspend the rules, advance to second
reading and adopt Ordinance No. 44.
DISCUSSION: Refer to Human Resources System Binder material. Following introduction at the
February 25, 2003 regular meeting, Council raised a number of questions relating to several provisions of
this ordinance. The ordinance was delayed for action until councilmembers had an opportunity to
thoroughly review with staff the provisions of the personnel policies and benefits included in this
document. At the February 27, 2003 special meeting, this ordinance was reviewed by City staff, attorney
and councilmembers and the consensus of the Council was to include Ordinance No. 44 as amended on
the March 6, 2003 agenda. Action on this ordinance was continued at the March 6, 2003 meeting to allow
time for the City Attorney to thoroughly review contents of the ordinance.
ALTERNATIVES: Refer to Human Resources System Binder material
FISCAL IMPACT:
SOURCE OF FUNDS: General Fund or Street Fund depending on assignment of personnel
AMOUNT BUDGETED: TBD
AMOUNT NEEDED FOR PROJECT: Dependent upon staffing plan and benefit resolutions
CITY OF SPOKANE VALLEY
SPOKANE COUNTY WASHINGTON
ORDINANCE NO. 44
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON
ESTABLISHING A HUMAN RESOURCES SYSTEM FOR THE CITY AND OUTLINING
THE BASIC PERSONNEL POLICIES AND EMPLOYEE BENEFITS OF CITY
EMPLOYEES.
WHEREAS, the City Council is desirous of establishing a human resources system for
the City to provide the framework for the classification, compensation, recruitment, selection and
employment of city staff, and
WHEREAS, the City Council desires to set forth the policies governing the management
of the human resources functions of the city administration;
NOW THEREFORE, the City Council of the city of Spokane Valley, Washington, do
ordain as follows:
Section 1. Human Resources System Established.
A. There is established a human resources system for the City of Spokane Valley to
provide a uniform system of personnel administration and ensure that recruitment, selection,
placement, compensation, promotion, retention and separation of City employees are based upon
qualifications and fitness in compliance with this Ordinance, Federal and State laws.
13. Employment with the City shall be "at -will" and may be terminated at any time
by either the City Manager or the employee. No official or employee of the City, other than the
City Manager, shall have the authority to enter into any agreement for employment.
C. Personnel Policies shall be submitted to the City Council for review and approval
with the City Manager authorized, directed and empowered to development administrative
policies, procedures, rules, forms and materials that are consistent with the Personnel Policies in
order to implement the human resources system of the City. Said policies and procedures shall
comply with all related state and Federal laws, as well as City ordinances and resolutions.
Section 2. Equal Employment Opportunity.
It is the policy of the City to ensure equal employment opportunity for all employees and
appointed representatives. This conunitment includes a mandate to promote and afford equal
treatment and services to all citizens, employees and City representatives, and to assure equal
employment opportunity based on ability and fitness to all persons regardless of race, religion,
color, creed, national origin, sex, marital status, age, or the presence of any sensory, mental, or
physical disability unless such disability effectively prevents the performance of the essential
duties required of the position and which arc bonafide occupational qualifications.
P:\OrdinanceslOrdinancc vvo. 41,personncl.doc
1
Section 3. Non Discrimination.
A. The City of Spokane Valley will not discriminate on the basis of race, color,
national origin, sex, religion, age, marital status, or disability in employment or the provision of
services. It is also the intent of the City to guarantee disabled persons equal opportunity to
participate in or enjoy the benefits of City services, programs, or activities, and to allow disabled
employees a bias free work environment.
Section 4. Sexual Harassment.
A. It is the policy of the City to seek to eliminate and /or prevent sexual harassment in
general, as well as to alleviate any effects sexual harassment may have on the working conditions
of an employee. In response to formal reports of sexual harassment, the city will seek to protect
all parties involved from retaliation, false accusations, or future harassment, and, where
indicated, will take reasonably prompt and adequate remedial measures.
B. The City Manager or designee shall investigate and appropriately respond to all
complaints of sexual harassment. If the City Manager is the subject of the complaint, then an
independent outside agency shall investigate the complaint. Any records related to sexual
harassment shall be sealed and retained in a separate peronnel filed maintained by the Human
Resources Manager.
Section 5. Reporting Improper Governmental Action — Whistleblowng.
A. In accordance with RCW 42.41, City officials and staff shall conduct City business
with the utmost integrity and in strict accordance with all applicable federal, state and local laws.
Accordingly, employees are encouraged to bring to the attention of the City Manager improper
actions of City officials and employees. If the City Manager is the subject of the complaint, then
the improper actions shall be reported to the City Attorney who shall consult with the City Council
on a course of action. The City will not retaliate against any employee who makes such a
disclosure in good faith.
B. The City Manager is authorized and directed to develop and implement
administrative policies and procedures to carry out the intent of this section and otherwise comply
with State law related hereto.
Section 6. Dru lg " esting.
A. The City Manager shall require an appropriate post -offer pre - employment
physical exam and drug screen test of all prospective City employees.
B. Employees required to maintain a Commercial Driver's License (COL) shall be
subject to periodic random drug testing as required by law.
C. Upon a finding by an employee's supervisor of reasonable suspicion that the
employee's ability to properly perform the job has been lessened by the use of intoxicating liquor
and /or drugs, the employee may be required to submit to alcohol or drug testing. In addition, an
employee may be required to submit to alcohol or drug testing if the employee is injured or
P:lOrdinanceslOrdinanoc No. 44,personnel.doc
2
injures another employee during work hours or is involved in a work - related accident and the
city reasonably suspects that the employee's actions or failure to act contributed to the injury or
accident.
Section 7. Employee Classification.
A. Position classifications shall be developed and maintained for City employment.
A job description shall be prepared and maintained so that that the classifications and
accompanying salary reflect the current duties and responsibilities of the job.
B. Significant changes in the duties and responsibilities of any position within the
city service shall result in an evaluation of the position and possible reclassification based on
such changes. All position classifications shall be reviewed periodically to assure that the
classification reasonably reflects the current duties and responsibilities of the position.
C. Whenever the designated Human Resources Manager has classified a new
position or reclassified an existing position, as required by subsections (a) and (b) of this section,
the Human Resources Manager shall submit the changes to the City Manager for approval. To
the extent the foregoing results in a change in an employee's current salary or wages, such
change shall not become effective until inclusion and adoption through a budget ordinance of the
City Council.
Section 8. Salary Plan — Hiring Rate.
A. The City Manager shall develop an annual salary plan for all City positions that
results from an evaluation of duties and responsibilities.
B. The salary plan shall be presented and considered as part of the annual budget
adoption process, and shall include the grade, title and salary range of all classified City
positions.
C. New prospective City employees meeting the minimum qualifications for the
position shall normally be hired at the minimum rate of pay within the salary range. However,
when a prospective employee's current rate of pay exceeds the minimum rate of pay of the
respective job title, or a prospective employee's qualifications, experience, and record of
achievement considerably exceed the minimum requirements for the position, the City Manager
may authorize a salary above the minimum. Nio employee shall be hired in excess of the
approved salary range established for the position.
Section 9. Overtime - Compensatory Time Off.
A. For the purposes of computing eligibility for overtime pay, the term employee
refers to those employees identified by RCW 49.46.130 who are eligible for overtime
compensation. Employees who are exempt from the overtime provisions of the Fair Labor
Standards Act (FLSA) and RCW 49.46.130 shall not receive any overtime pay. Employees who
are not exempt from the FLSA shall by compensated for overtone at the rate of one and one -half
for hours worked in excess of the number of hours allowed per work week as designated under the
Fair Labor Standards Act.
P:IOrdinunces\Ordinancc No. 44,personnel_doc
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B. When warranted, personal leave for exempt employees may be granted by the City
Manager in recognition of extraordinary work time required of exempt positions.
A. The City of Spokane Valley shall offer a substitute social security program, and
shall not participate in the Social Security System (FICA) for employees covered by a qualified
retirement program.
B. Casual, part -tune and temporary employees who are not covered by a qualified
retirement program shall participate in the Social Security System (FICA) as required by law.
C. The Social Security Substitute Program shall be a 401A plan approved by the City
Council. City and employee contribution rates and maximums shall match FICA contribution
rates and maximums as published in the Internal Revenue Service's Employer's Tax Guide, iR.S
Publication 15.
Section 11. Retirement. All regular full -time City employees, except the City Manager
who has the option of joining an alternate portable retirement plan in lieu of PERS, shall be
required to participate in the state mandated Washington State Public Employees Retirement
System (PERS).
Section 12. Severability. If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of any other section, sentence, clause, or phrase of this ordinance.
Section 13. Effective Date. This ordinance shall be in full force and effect on the
official date of incorporation provided publication of this ordinance or a summary thereof occurs
in the official newspaper of the City as provided by law.
ATTEST:
Section 10. Social Securit o and Medicare.
D. As required by law, the City shall participate in the Medicare program.
Passed by the City Council of the City of Spokane Valley on , 2003.
Interim City Clerk, Ruth Muller
Approved as to Form:
Interim City Attorney, Stanley M. Schwartz
P:lordinanceslOrdinance No. 44,personncl.doc
4
Mayor, Michael DeVleming
Date of Publication
Effective Date:
P;1OrdinanccslOrdinancc No. 44,personncl.doc
5
DATE ACTION IS
REQUESTED:
March 6, 2003 - continued
March 13, 2003
City Manager
Dept. Head
Attorney Approve
As To Form
SUBMITTED BY: Interim City Manager
CITY OF SPOKANE VALLEY
REQUEST FOR COUNCIL ACTION
Agenda Bill No. 2003 -062
TITLE: Municipal Court TYPE OF ACTION:
Services
STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Authorize execution by City Manager of
Interlocal Agreement No. CO3 -10 for municipal court services.
Ordinance
APPROVED FOR ATTACHMENTS: Resolution
COUNCI PACKET: Interlocal Agreement No. CO3-
10 Motion
DISCUSSION: This agreement has been in negotiation between the City of Spokane Valley staff and
Spokane County staff for several weeks. The City Council reviewed the draft agreement during the
February 27, 2003 study session. The proposed agreement has been drafted in accordance with the
provisions of state ROY 39.34 and provides for the City of Spokane Valley to utilize the Spokane County
District/Municipal Court for the purpose of adjudicating and sentencing cases which occur within the
corporate boundaries of the City of Spokane Valley. Action on this agreement was delayed from the
March 6, 2003 meeting to incorporate language modifications as agreed to by the County and City.
ALTERNATIVES: Establish a City municipal court and utilize City staff to perform all functions relating to
providing municipal court services.
FISCAL IMPACT:
SOURCE OF FUNDS: General fund
AMOUNT BUDGETED: Budget under development
AMOUNT NEEDED FOR .PROJECT: $610,621.50 for the year 2003
X Other
Return to:
Daniela Erickson Spokane Valley Contract
Clerk of the Board No. CO3 -10
1116 West Broadway Approved:
Spokane, Washington 99260
INTERLOCAL AGREEMENT FOR COSTS
INCIDENT TO ADJUDICATION OF MISDEMEANOR AND GROSS
MISDEMEANOR OFFENSES SERVICES IN THE CITY OF SPOKANE VALLEY
(April 1, 2003 - December 31, 2004)
THIS AGREEMENT, made and entered into by and among the Spokane County
District/Municipal Court, having offices for the transaction of business at 1100 West
Mallon, Spokane, Washington 99260, hereinafter referred to as "COURT," Spokane
County, having offices for the transaction of business at 1116 West Broadway Avenue,
Spokane, Washington 99260, hereinafter referred to as "BOARD," together sometimes
referred to along with the COURT as "COUNTY," and the City of Spokane Valley, a
municipal corporation of the State of Washington, having offices for the transaction of
business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley,
Washington 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the
"PARTIES."
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners of Spokane County has the care of County property and the management of
County funds and business; and
WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley
established midnight, March 31, 2003, as its official date of incorporation and upon that
date will commence operations as a city; and
WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of
incorporation, local governmental authority and jurisdiction with respect to the newly
incorporated area will transfer from COUNTY to CITY; and
Page 1 of 10
WtTNESSETH:
WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties
and cities to contract with each other to perform certain functions which each may legally
perform; and
WHEREAS, pursuant to the provisions of RCW 39.34.180, the City of Spokane
Valley is responsible for the costs incident to investigation, prosecution, adjudication and
incarceration of misdemeanor and gross misdemeanor offenses that occur within its
jurisdiction and that are committed by adults; and
WHEREAS, Spokane County has established the Spokane County
District/Municipal Court under the provisions of chapter 3.38 RCW for the judicial
administration of the laws of the State of Washington and the ordinances of Spokane
County. The Spokane County District/Municipal Court consists of one district
encompassing all of Spokane County; and
WHEREAS, the City of Spokane Valley desires to utilize the services of the
Spokane County District/Municipal Court for the purpose of adjudicating and sentencing
cases, hereinafter "Court Services," which occur within the City of Spokane Valley's
boundaries and are referred to the Spokane County District/Municipal Court where the
initial charge is (i) an infraction and/or (ii) a misdemeanor or gross misdemeanor offense
committed by an adult, and /or (iii) a violation of the City of Spokane Valley's ordinances
which constitutes a misdemeanor.
NOW THEREFORE for and in consideration of the mutual promises set forth
hereinafter and as provided for i.n the above- referenced recitals, the PARTIES do hereby
agree as follows:
SECTION NO. 1.: PURPOSE
The purpose of this Agreement is to set forth the PARTIES' understanding as to the terms
and conditions under which COUNTY will provide Court Services to CITY. For the
purpose of this Agreement, "Court Services" is further described in Section No. 4 herein
below.
SECTION NO. 2: DURATION
This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12:00
P.M. December 31, 2004, unless one or all of the PARTIES give notice of termination as
provided for in Section No. 5 and Section No. 10 of this Agreement.
Page 2of10
SECTION NO. 3: COST OF SERVICES AND PAYMENTS
CITY shall pay COUNTY the actual costs for Court Services provided under this
Agreement as outlined below. The calculation of costs for Court Services under this
Agreement utilizes methodologies set forth in Attachment "A," attached hereto and
incorporated herein by reference. In 2004, PARTIES agree to revise the costs for 2004
Court Services based on the 2004 budget adopted by the BOARD for the COURT. The
PARTIES further agree to review the methodologies used in Attachment "A," including
the actual number of cases COURT handled for CITY in 2003 to ensure that CITY'S
share of costs for Court Services is appropriate. Any disagreement between CITY and
COUNTY with respect to the methodologies shall be resolved by mediation as provided
in Section No. 13 herein below. Provided, the PARTIES agree that CITY shall be
responsible for its proportionate share of the Court Services so that COUNTY is not
financially subsidizing Court Services to the CITY. Provided, however, COUNTY shall
credit CITY for (i) any and all jury fee costs which are recovered by COURT in
conjunction with providing Court Services under this Agreement and (ii) any and all
indigent representation fees collected by COURT in conjunction with PUBLIC
DEFENDER services provided to CITY under separate Intcrlocal Agreement. The credit
shall occur at COURT'S option on a monthly basis or in conjunction with the last billing
of the calendar year.
The PARTIES agree to meet and discuss the mutual adoption of a methodology under
which records can be maintain by the COURT so that the percentage allocations set forth
below can be adjusted to recognize the actual costs of Court Services provided to City under
the terms of this Agreement. This methodology will enable the PARTIES, using actual
numbers, to adjust and settle and the end of the year based on actual services provided. Any
method mutually adopted shall be applied prospectively.
A. Personnel. CITY shall pay COUNTY the sum of SIX HUNDRED TEN THOUSAND
SIX HUNDRED TWENTY -ONE DOLLARS and 50 /100 (5610,621.50) in calendar year
2003 to be allocated toward the personnel - related costs of the following positions:
Page 3 of 10
1) One and a third (1.33) Judges (salary based upon RCW 3.58.010);
2) A half (%) Secretary (salary determined by averaging all salaries of secretaries
and then multiplying by a half);
3) Two and a third (2.33) Bailiffs (salary determined by averaging all salaries of
Bailiffs and multiplying by two and a third);
4) One (1) Administration Support; (salary determined by averaging all
Administration staff salaries);
5) One (1) Court Commissioner (salary based upon RCW 3.42.040); and
6) Nine (9) Clerks of the Court (salary determined by averaging all clerical
employees salaries and multiplying by 9).
The PARTIES recognize that the above sum may be modified as a result of: (1) a cost of
living (COLA) adjustment as authorized by COUNTY for listed positions; and/or (2) salary
increases including those authorized for the judges /court commissioner(s) pursuant to RCW
3.58.010 and RCW 3.42.040. In the event that any of these actions occur, the above sum
shall be increased to recognize such occurrences for the calendar year. Further, the monthly
payments for the calendar year shall be increased in an amount to include the increased
compensation.
13. Maintenance and Operation Costs. CITY shall also pay COUNTY the sum of
SIXTY - THREE THOUSAND DOLLARS ($63,000) in calendar year 2003 to be
allocated toward the following items:
The PARTIES recognize that the above - listed sum is an estimate of the maintenance and
operation ( "M &O ") costs for the listed items. Estimating the actual budgeted costs and then
allocating CITY 28% of these costs for calendar year 2003 was used to calculate the above.
In the event that actual cost of the listed items exceeds or falls short of the above - listed sum,
the monthly payments shall be increased/decreased in an amount so that the total sum paid
for calendar year 2003 and 2004 represents 28% of the actual maintenance and operation
costs for the listed items. For the purpose of this Agreement, the terminology "M &O" shall
have the same meaning as set forth in the BARS manual adopted by the State of
Washington under chapter 43.88 RCW.
C. Indirect Costs. CITY shall also pay COUNTY the sum of ONE HUNDRED SIXTY
FOUR THOUSAND THREE HUNDRED EIGHTY -THREE DOLLARS and 75/100
($124,383.75) which represents CITY'S share of the indirect costs attributable for those
full -time equivalent COUNTY employees assigned to COURT operations. Indirect costs
include, liability insurance, administrative services, Human Resources, Information Systems
and other indirect and overhead costs borne by COUNTY.
Page 4of10
1) Law books /CD LAW license fees;
2) Pro tem fees;
3) Repair and maintenance contract costs of courtroom electronic recording
equipment, Burster, and Moore Detacher;
4) Repair and maintenance contract costs of fax machines;
5) Shared office supplies;
6) Incidental wiring and repair costs of Judges' and Commissioners' PC's;
7) Judges' and Court Commissioners' travel, registration, robes and juror's
workers compensation liability insurance; and
8) Reimbursement for Judges', Court Commissioners' and Administrators'
annual association dues.
For 2003, the above figures will be divided into 9 equal amounts. For 2004, the revised
costs for 2004 Court Services will be divided into 12 equal amounts. COUNTY will bill
CITY monthly for the cost of all services as outlined above during the first week of the
month. Payments by CITY will be due by the 5 day of the following month. At the sole
option of COUNTY, a penalty may be assessed on any late payment by CITY based on lost
interest earnings had the payment been timely paid and invested in the Spokane County
Treasurer's Investment Pool.
SECTION NO. 4: SERVICES PROVIDED
COURT shall operate the Spokane Valley Municipal Court (hereinafter "Municipal
Court") for CITY. The Municipal Court shall have jurisdiction over matters arising from
CITY'S ordinances, as provided in RCW 3.46.030, as well as those matters CITY is
financially responsible for pursuant to RCW 39.34.180. COUNTY, as provided by law,
shall distribute all fines, penalties, court costs and other fees collected by the Municipal
Court under the terms of this Agreement that are owing and due to CITY. Such moneys
shall be distributed to CITY within the same time frame that COUNTY distributes
moneys other municipalities /agencies. CITY shall be responsible for distributing the
proportionate share of said moneys to the appropriate state agencies as required by law.
SECTION NO. 5: NOTICE
All notices or other communications given hereunder shall be deemed given on: (1) the day
such notices or other communications are received when sent by personal delivery; or (ii)
the third day following the day on which the same have been mailed by first class delivery,
postage prepaid addressed to the PARTIES at the address set forth below for such Party, or
at such other address as PARTIES shall from time -to -time designate by notice in writing to
the other PARTIES:
COUNTY:
COURT:
CITY:
Page 5 of 10
Spokane County Chief Executive Officer or his /her authorized representative
1 1 16 West Broadway Avenue
Spokane, Washington 99260
Spokane District Court Presiding Judge
Spokane County District Court
1 100 West Mallon Avenue
Spokane, Washington 99260
City of Spokane Valley City Manager or his /her authorized representative
Redwood Plaza
1 1707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
SECTION NO. 6: COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which, when so
executed and delivered, shall be an original, but such counterparts shall together constitute
but one and the same.
SECTION NO. 7: ASSIGNMENT
No Party may assign, in whole or in part, its interest in this Agreement without the approval
of all other PARTIES.
SECTION NO. 8: LIABILITY
(a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by any reason of or arising out of any
negligent act or omission of COUNTY /COURT or their respective officers, agents and
employees, or any of them relating to or arising out of performing services pursuant to this
Agreement. Tn the event that any suit based upon such claim, action, loss, or damages is
brought against CITY, COUNTY shall defend the same at its sole cost and expense;
provided that CITY reserves the right to participate in said suit if any principle of
governmental or public law is involved; and if final judgment in said suit be rendered
against CITY, and its officers, agents, and employees, or any of them, or jointly against
CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall
satisfy the same.
(b) CITY shall indemnify and hold harmless COUNTY /COURT and their officers, agents,
and employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by any reason of or arising out of any
negligent act or omission of CITY, its officers, agents and employees, or any of them
relating to or arising out of performing services pursuant to this Agreement. In the event
that any suit based upon such claim, action, loss, or damages is brought against
COUNTY /COURT, CITY shall defend the same at its sole cost and expense; provided that
COUNTY /COURT reserves the right to participate in said suit if any principle of
governmental or public law is involved; and if final judgment in said suit be rendered
against COUNTY /COURT, and their officers, agents, and employees, or any of them, or
jointly against COUNTY/COURT and CITY and their respective officers, agents, and
employees, CITY shall satisfy the same.
(c) The foregoing indemnity is specifically intended to constitute a waiver of each party's
immunity under Washington's Industrial Insurance Act, Chapter 51 R.CW, respecting the
other party only, and only to the extent necessary to provide the indemnified party with a
Page 6 of 10
full and complete indemnity of claims made by the indemnitor's employees. The PARTIES
acknowledge that these provisions were specifically negotiated and agreed upon by them.
(d) COUNTY and CITY agree to either self insure or purchase polices of insurance
covering the matters contained in this Agreement with coverages of not less than
$5,000,000 per occurrence with $5,000,000 aggregate limits including auto liability
coverage.
SECTION NO. 9: RELATIONSHIP OF THE PARTIES
The PARTIES intend that an independent contractor relationship will be created by this
Agreement. No agent, employee, servant or representative of COUNTY /COURT shall be
deemed to be an employee, agent, servant or representative of CITY for any purpose.
Likewise, no agent, employee, servant or representative of the CITY shall be deemed to be
an employee, agent, servant or representative of COUNTY /COURT for any purpose.
SECTION NO. 10: MODIFICATION OR TERMINATION
This Agreement may be modified in writing by mutual agreement of the PARTIES.
Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 90
days written notice to the other PARTIES.
Upon termination, CITY shall be obligated to pay for only those Court Services rendered
prior to the date of withdrawal based upon a pro rata division of those costs in Section No. 3
herein above.
Termination of this Agreement shall not impose a requirement on COUNTY to provide for
the funding or handling of cases addressed by this Agreement that are filed/referred after
the effective date of termination.
Upon termination COUNTY shall continue to provide services to completion for those
cases filed prior to the effective date of the termination.
SECTION NO. 11: PROPERTY AND EQUIPMENT
The ownership of all property and equipment utilized in association with applicable CITY
cases shall remain with the original owner, unless specifically and mutually agreed by the
PARTIES to this Agreement.
Page 7 of 10
SECTION NO. 12: ALL WRITINGS CONTAINED IREINBINDINNG EFFECT
This Agreement contains terms and conditions agreed upon by the PARTIES. The
PARTIES agree that there are no other understandings, oral or otherwise, regarding the
subject matter of this Agreement. No changes or additions to this Agreement shall be valid
or binding upon the PARTIES unless such change or addition is in writing, executed by the
PARTIES.
This Agreement shall be binding upon the PARTIES hereto, their successors and assigns.
SECTION NO. 13: DISPUTE RESOLUTION
Any dispute among the PARTIES with respect to the methodologies used to calculate the
2004 costs of Court Services to CITY under the terms of this Agreement that cannot be
resolved between/among the applicable PARTIES shall be subject to binding arbitration.
Provided, however, COURT'S independent right to run COURT shall not be subject to this
dispute resolution provision.
COUNTY and CITY shall each have the right to designate a person to act as an arbitrator.
The two selected arbitrators shall then jointly select a third arbitrator. The decision of the
arbitration panel shall be binding on the PARTIES.
The costs of the arbitration panel shall be jointly split between the PARTIES involved in the
arbitration.
The decision of the arbitration panel shall be binding and not subject to judicial review.
SECTION NO. 14: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered
within the State of Washington and it is mutually understood and agreed by each party
that this Agreement shall be governed by the laws of the State of Washington both as to
interpretation and performance. Any action at law, suit in equity or judicial proceeding for
the enforcement of this Agreement, or any provision hereto, shall be instituted only in
courts of competent jurisdiction within Spokane County, Washington.
SECTION NO. 15: SEVERABILITY
It is understood and agreed among the PARTIES that if any parts, terms or provisions of
this Agreement are held by the courts to be illegal, the validity of the remaining portions or
provisions shall not be affected and the rights and obligations of the PARTIES shall not be
affected in regard to the remainder of the Agreement. If it should appear that any part, term
Page 8 of 10
or provision of this Agreement is in conflict with any statutory provision of the State of
Washington, then the part, term or provision thereof that may be in conflict shall be deemed
inoperative and null and void insofar as it may be in conflict therewith and this Agreement.
shall be deemed to modify to conform to such statutory provision.
SECTION NO. 16: HEADINGS
The section headings appearing in this Agreement have been inserted solely for the
purpose of convenience and ready reference. In no way do they purport to, and shall not
be deemed to define, limit or extend the scope or intent of the sections to which they
pertain.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be
executed on date and year opposite their respective signatures.
DATED: SPOKANE COUNTY
MUNICIPAL /DISTRICT COURT:
13y:
Its:
DATED: BOARD OF COUNTY
OF SPOKANE, COUNTY, WASHINGTON
COMMISSIONERS
ATTEST:
V1 CKY M. DAL T ON
CLERK OF THE BOARD
BY:
Daniela Erickson, Deputy
Page 9 of 10
JOHN ROSKELLEY, Chair
PHILLIP D. HARRIS, Vice -Chair
M. KATE MCCASLIN
DATED: CITY OF SPOKANE VALLEY:
Attest:
City Clerk
Approved as to form only:
Acting City Attorney
Page 10 of 10
By:
Its:
I I:1Valley CityiDraft Contra cls\Ajudication\adjudication scrviccs valley 03I003 -f nal.doc
(Title)
Purpose:
SPOKANE DISTRICT COURT STATISTICS
SPOKANE VALLEY
1) Utilizing one or more methodologies, identify caseload statistics attributable
and chargeable as Spokane Valley municipal court services;
2) Calculate anticipated costs of providing those municipal court services given
the workload/caseload calculated in (1);
a) Using costs per case calculations, similar to those for Liberty Lake, et al
b) Using resource cost estimates allocable to the cases in the new city,
similar to the city of Spokane Interlocal Agreement.
Databases and Sources of Information:
1) CAD (Computer Aided Dispatch), RMS (R.ecords Management System) and
JMS (Jail Management System) as compiled and interpreted by Sheriff's
Department personnel;
2) Arrest statistics from Capt. Mike Dubee, Washington State Patrol;
3) JIS (Justice information System), court filing information through the
Administrative Office of the Courts, as compiled by court personnel.
Methodologies:
1) Conduct in -house manual surveys of caseload filings for the period June 1
through September 30, 2002, to determine the Valley caseload;
2) Develop sorting parameters through BRIO (JIS) to measure historical filings
by LEA and by offense category;
3) Compare and contrast infraction and criminal activity estimates developed by
the Spokane Sheriff Department with that compiled from special BRIO
reports of the JIS system in Spokane District Court and with the manual
survey conducted by District Court personnel. Purpose: Test reliability of our
own and the Sheriff's reporting of Valley cases.
4) Determine most reliable caseload information from that provided;
5) Converting caseload information to workload measures, as a percentage of the
District Court total workload.
a) Calculate staffing, M & 0 and Indirect Costs for the workload in the
Valley;
b) Calculate costs using "cost per case" figures for 2002.
Page 1 of 3
ATTACHMENT "A"
C <'=
T.Y.RF.` � .
. 2002.."
' . •Projection� .
In
:. -. `.. _:ii
Couot�
ti. r. .
, 'Iii ex :'
Valley
Infractions.
62,853
.60
37,712
.35
13,199
DUI
2,091
.23
481
.68
327
Crim Traf
1 4,199
.70
2,939
.55
1,705
Cr
2,179
.64
1,394
.55
767
DV, . .:s s :Y ,
1,439
.90
1,295
.55
7
TOTA 1;
. 72776 ?I'
:r ' , '
.J. .,, .
'16,710
Cautionary Note: The following caseload estimates for the City of Spokane Valley are
based on historical data for the years of 2000 and 2001 and the first 9 months of
2002. Since April of 2002, however, the entire county has experienced a surge in
case filings, e.g. average of 59% increase in infractions, 53% increase in DUI
arrests, and a 17% increase in other criminal filings. This trend is not fully
considered in these caseload/workload estimates.
* County includes all law enforcement activity which could be chargeable to a municipality but is
currently provided by county law enforcement agencies, i.e. Animal Control, Sheriffs Department.
This column does not include WSP citations, Burlington Northern, Dept. of Fish and Wildlife, Dept. of
Fisheries, Labor and Industries, State Dept. of Natural Resources, State Dept. of Social and Health
Services, Union Pacific Railroad, State Utilities and Transportation, Department of Wildlife or any
other state law enforcement agency.
Summary and Conclusion:
Page 2 of 3
2002 Infraction /Criminal Filing Projections
After culling out the relevant numbers from the Sheriff Department report, entitled
"Statistical Analysis of Valley City Arrests ", and comparing these with the numbers
arrived from our "in- house" survey of case filings for the period June 1, 2002 -
September 30, 2002, and further comparing these with a special BRIO report from
JIS, conducted by the Court's Computer Applications Assistant, it is our conclusion
that the estimate of caseload flings for the City of Spokane Valley are reliable and
may be used to project staffing needs for the delivery of municipal court services and
to estimate projected costs for these cases based -on both a cost per case basis and a
weighted workload analysis.
The one exception to the analysis is that for Infraction filings. The report indicates
that RMS did not enter infraction data for the last half of 2001 and, therefore, we rely
on JIS statistics for that figure.
OPTION 1, RCVS 3.45
MUNICIPAL COURT DEPARTMENT
VALLEY COURT STAFF[NG AND ANNUAL BUDGET
Judges * 1.33 $180,828
Commissioners 1.0 116,235
Bailiffs 2.33 84,724
Secretaries 0.5 21,646
Admin. Support 1.0 58,342
Clerks Office 9.0 352,387
*Includes D.V. case handling
TOTAL S &W 15.16 FTE $814,162
Bbl & O .28 81,629
INDIRECT COSTS .2037 $165,845
TOTAL ANNUALIZED COSTS $ 1,061,636
Page 3 of 3
r% 03/10/2003 15:45 FAX 509 477 3672
STEVEN J. TUCKER
PROSECUTING ATTORNEY
Please FAX to: Ruth Muller, City Clerk
FAX Phone No: (509) 921 -1008
SPQR CO PA CIVIL
OFFICE 07 PR05ECU11NG ATTORNEY
March 10, 2003
MA11.. TO:
Civil Division
MAIL S1 OP S&T
1116 W. Broadway Avenue
Spokane, WA 992600270
(509) 477-5764 FAX: 477 -3672
RECEIVED
MAR 1 02903
City of Spokane Valley
**** *tat ************************ era*********** * * * * * * * * ** * ** * * * * * * * * * * * *
From: James P. Emacio
Chief Civil Deputy Prosecuting Attorney, Civil Division
Spokane County Prosecuting Attorney's Office
Telephone No.: (509) 477 -5764
FAX Phone No.: (509) 477 -3672
****************************************** **** * * *a * * * * * * * * * * * * * * * * * * * * * *
Re: Judicial Interlocal Agreement:
********** t m************************************+****** * **** **** *6** ** ** * * * ** ***** * ** *tit * * **
If there are any questions regarding the message sent, please contact Tamara, Civil Department, Prosecuting
Attorney's Office, 477 -5764.
M* 4******* 4************ * * * * * * * ** * * * *4* * * * * * * * * * ** ** * ** •** * * ** * * * * * * * * * * * * * * * * * * **
NOTICE: The information contained in this transmission is privileged and confidential. It is intended for the use of the
individual or entity 'named above. If the reader of this message is not the intended addressee, the reader is hereby
notified that any consideration, dissemination or duplication of this commwlication is strictly prohibited. If the addressee
has received this communication in error, please return to the above address by mail and notify this office immediately
by telephone. Thank you.
WARNING: Most Fax nluchines produce copies on thermal paper. The image produced is highly unstable and
will deteriorate significantly in a few years. This record should be copied on a plain paper copier prior to filing as
a record.
❑
Criminal Department
PSB-1
1100 W. Mallon Avenue
Spokane, WA 99250.0270
(509) 4773662 FAX 477.3409
Civil Department
• 1115 W. Broadway
Spokane, WA 992604270
(509)477.5764 FAX477 -3672
0
Domestic Vtnlence Unit
FSE
901 N liorvoe, Suite 200
Spokane, WA 99201
(509) 935 -4500 FAX:835-4562
Pages 15
Drug /Property Department
PSH -1
721 N. Jefferson
Spokane, WA 99260-0270
(50)) 477 -6416 FAX: 477.4450
Zoo'
0
Juvenile Department
1'58.1
1208 W. Mallon Avenue
Spokane, WA 99266 -0270
(509) 477 -6046 PAX: 477 -6444
03/10/2003 15:46 FAX 509 477 3672
Emacio, James
To: twalton @spokanevalley.org; smcnutt@spokanevalley.org; sms @wkdtlaw.com;
rmuller @spokanevalley.org
Cc: McCaslin, Kate; Peterson, Vance; Miles, Ronald; Famell, Marshall
Subject: Final Judicial Inter local
Gentlemen:
Attached is the final Judicial Interlocal Agreement. It includes the matters addressed at our meeting of Wednesday. I will
fax a hard copy to Ruth Muller.
Jim
adjudication adjudication
services valley 0... attachmet stabs...
SYOK CO PA CIVIL 12002
1
03/10/2003 .1,5:16 FAX 509 477 3672 SPOK CO PA CIVIL Q4003
Return to:
Danlola Erickson
Clerk of the Board
1116 West Broadway
Spokane, Washington 99260
INTERLOCAL AGREEMENT FOR COSTS
INCIDENT TO ADJUDICATION OF MISDEMEANOR AND GROSS
MISDEMEANOR OF ENS.ES SERVICES IN THE CITY OF SPOKANE VALLEY
(April 1, 2003 - December 31, 2004)
THIS AGREEMENT, made and entered into by and among the Spokane County
District /Municipal Court, having offices for the transaction of business at 1100 West
Mallon, Spokane, Washington 99260, hereinafter referred to as "COURT," Spokane
County, having offices for the transaction of business at 1116 West Broadway Avenue,
Spokane, Washington 99260, hereinafter referred to as "BOARD," together sometimes
referred to along with the COURT as "COUNTY," and the City of Spokane Valley, a
municipal corporation of the State of Washington, having offices for the transaction of
business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley,
Washington 99206, hereinafter referred to as "CITY," jointly hereinafter referred to as the
"PARTIES."
WITNESSETH:
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners of Spokane County has the care of County property and the management of
County funds and business; and
WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley
established midnight, March 31, 2003, as its official date of incorporation and upon that
date will commence operations as a city; and
WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of
incorporation, local governmental authority and jurisdiction with respect to the newly
incorporated area will transfer from COUNTY to CITY; and
03/10/2003 15:46 FAX 509 477 3672 SPUR CO PA CIVIL, (0004
WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties
and cities to contract with each other to perform certain functions which each may legally
perform; and
WHEREAS, pursuant to the provisions of RCW 39.34.180, the City of Spokane
Valley is responsible for the costs incident to investigation, prosecution, adjudication and
incarceration of misdemeanor and gross misdemeanor offenses that occur within its
jurisdiction and that are committed by adults; and
WHEREAS, Spokane County has established the Spokane County
District/Municipal Court under the provisions of chapter 3.38 RCW for the judicial
administration of the laws of the State of Washington and the ordinances of Spokane
County. The Spokane County District/Municipal Court consists of one district
encompassing all of Spokane County; and
WHEREAS, the City of Spokane Valley desires to utilize the services of the
Spokane County District/Municipal Court for the purpose of adjudicating and sentencing
cases, hereinafter "Court Services," which occur within the City of Spokane Valley's
boundaries and are referred to the Spokane County District/Municipal Court where the
initial charge is (i) an infraction and/or (ii) a misdemeanor or gross misdemeanor offense
committed by an adult, and /or (iii) a violation of the City of Spokane Valley's ordinances
which constitutes a misdemeanor.
NOW THEREFORE for and in consideration of the mutual promises set forth
hereinafter and as provided for in the above - referenced recitals, the PARTIES do hereby
agree as follows:
SECTION NO. 1: PURPOSE
The purpose of this Agreement is to sct forth the PARTIES' understanding as to the terms
and conditions under which COUNTY will provide Court Services to CITY. For the
purpose of this Agreement, "Court Services" is further described in Section No. 4 herein
below.
SECTION NO. 2: DURATION
This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12 :00
P.M. December 31, 2004, unless one or all of the PAR.TIES give notice of termination as
provided for in Section No. 5 and Section No. 10 of this Agreement.
Page 2 of 10
03/10/2003 15:47 FAX 509 477 3672 SPOK CO PA CIVIL E J005
SECTION NO. 3: COST OF SERVICES AND PAYMENTS
CITY shall pay COUNTY the actual costs for Court Services provided under this
Agreement as outlined below. The calculation of costs for Court Services under this
Agreement utilizes methodologies set forth in Attachment "A," attached hereto and
incorporated herein by reference. In 2004, PARTIES agree to revise the costs for 2004
Court Services based on the 2004 budget adopted by the BOARD for the COURT. The
PARTIES further agree to review the methodologies used in Attachment "A," including
the actual number of cases COURT handled for CITY in 2003 to ensure that CITY'S
share of costs for Court Services is appropriate. Any disagreement between CITY and
COUNTY with respect to the methodologies shall be resolved by mediation as provided
in Section No. 13 herein below. Provided, the PARTIES agree that CITY shall be
responsible for its proportionate share of the Court Services so that COUNTY is not
financially subsidizing Court Services to the CITY. Provided, however, COUNTY shall
credit CITY for (i) any and all jury fee costs which are recovered by COURT in
conjunction with providing Court Services under this Agreement and (ii) any and all
indigent representation fees collected by COURT in conjunction with PUBLIC
DEFENDER services provided to CITY under separate Interlocal Agreement. The credit
shall occur at COURT'S option on a monthly basis or in conjunction with the last billing
of the calendar year.
The PAR'l'ILS agree to meet and discuss the mutual adoption of a methodology under
which records can be maintain by the COURT so that the percentage allocations set forth
below can be adjusted to recognize the actual costs of Court Services provided to City under
the terms of this Agreement. This methodology will enable the PARTIES, using actual
numbers, to adjust and settle and the end of the year based on actual services provided. Any
method mutually adopted shall be applied prospectively.
A. Personnel. CITY shall pay COUNTY the sum of SIX HUNDRED TEN THOUSAND
SIX HUNDRED TWENTY -ONE DOLLARS and 50/1 ($610,621.50) in calendar year
2003 to be allocated toward the personnel - related costs of the following positions:
Page 3 of 10
1) One and a third (1.33) Judges (salary based upon RCW 3.58.010);
2) A half (%) Secretary (salary determined by averaging all salaries of secretaries
and then multiplying by a half);
3) Two and a third (2.33) Bailiffs (salary determined by averaging all salaries of
Bailiffs and multiplying by two and a third);
4) One (1) Administration Support; (salary determined by averaging all
Administration staff salaries);
5) One (1) Court Commissioner (salary based upon RCW 3.42.040); and
6) Nine (9) Clerks of the Court (salary determined by averaging all clerical
employees salaries and multiplying by 9).
03/10/2003 15:47 FAX 509 477 3672 SPOK CO PA CIVIL g006
The PARTIES recognize that the above sum may be modified as a result of: (1) a cost of
living (COLA) adjustment as authorized by COUNTY for listed positions; and/or (2) salary
increases including those authorized for the judges/court commissioner(s) pursuant to RCW
3.58.010 and RCW 3.42.040. In the event that any of these actions occur, the above sum
shall be increased to recognize such occurrences for the calendar year. Further, the monthly
payments for the calendar year shall be increased in an amount to include the increased
compensation.
B. Maintenance and Operation Costs. CITY shall also pay COUNTY the sum of
SIXTY -THREE THOUSAND DOLLARS (S63,000) in calendar year 2003 to be
allocated toward the following items:
The PARTIES recognize that the above - listed sum is an estimate of the maintenance and
operation ( "M &O ") costs for the listed items. Estimating the actual budgeted costs and then
allocating CITY 28% of these costs for calendar year 2003 was used to calculate the above.
In the event that actual cost of the listed items exceeds or falls short of the above - listed sum,
the monthly payments shall be increased/decreased in an amount so that the total sum paid
for calendar year 2003 and 2004 represents 28% of the actual maintenance and operation
costs for the listed items. For the purpose of this Agreement, the terminology "M &O" shall
have the same meaning as set forth in the BARS manual adopted by the State of
Washington under chapter 43.88 RCW.
C. Indirect Costs. CITY shall also pay COUNTY the sum of ONE HUNDRED SIXTY
TOUR THOUSAND THREE HUNDRED EIGHTY -THREE DOLLARS and 75/100
(S124,383.75) which represents CITY'S share of the indirect costs attributable for those
full -time equivalent COUNTY employees assigned to COURT operations. Indirect costs
include, liability insurance, administrative services, Human Resources, Information Systems
and other indirect and overhead costs borne by COUNTY.
Page 4of10
1) Law books /CD LAW license fees;
2) Pro tem fees;
3) Repair and maintenance contract costs of courtroom electronic recording
equipment, Burster, and Moore Detacher;
4) Repair and maintenance contract costs of fax machines;
5) Shared office supplies;
6) Incidental wiring and repair costs of Judges' and Commissioners' PC's;
7) Judges' and Court Commissioners' travel, registration, robes and juror's
workers compensation liability insurance; and
8) Reimbursement for Judges', Court Commissioners' and Administrators'
annual association dues.
03/10/2003 15:48 FAX 509 477 3672
For 2003, the above figures will be divided into 9 equal amounts. For 2004, the revised
costs for 2004 Court Services will be divided into 12 equal amounts. COUNTY will bill
CITY monthly for the cost of all services as outlined above during the first week of the
month. Payments by CITY will be due by the 5 day of the following month. At the sole
option of. COUNTY, a penalty may be assessed on any late payment by CITY based on lost
interest earnings had the payment been timely paid and invested in the Spokane County
Treasurer's Investment Pool.
SECTION NO. 4: SERVICES .PROVIDED
COURT shall operate the Spokane Valley Municipal Court (hereinafter. "Municipal
Court") for CII`Y. The Municipal Court shall have jurisdiction over matters arising from
CITY'S ordinances, as provided in RCW 3.46.030, as well as those matters CITY is
financially responsible for pursuant to RCW 39.34.180. COUNTY, as provided by law,
shall distribute all fines, penalties, court costs and other fees collected by the Municipal
Court under the terms of this Agreement that are owing and due to CITY. Such moneys
shall be distributed to CITY within the same time frame that COUNTY distributes
moneys other municipalities/agencies. CITY shall be responsible for distributing the
proportionate share of said moneys to the appropriate state agencies as required by law.
SECTION NO. 5: NOTICE
All notices or other communications given hereunder shall be deemed given on: (1) the day
such notices or other communications are received when sent by personal delivery; or (ii)
the third day following the day on which the same have been mailed by first class delivery,
postage prepaid addressed to the PARTIES at the address set forth below for such Party, or
at such other address as PARTIES shall from time -to -time designate by notice in writing to
the other PARTIES:
COUNTY:
COURT:
CITY:
Page 5 of 10
SPOK CO PA CIVIL [J 007
Spokane County Chief Executive Officer or his/her authorized representative
1116 West Broadway Avenue
Spokane, Washington 99260
Spokane District Court Presiding Judge
Spokane County District Court
1100 West Mallon Avenue
Spokane, Washington 99260
City of Spokane Valley City Manager or his/her authorized representative
Redwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
03/10/2003 15:48 FAX 509 477 3672 SPOK CO PA CIVIL
SECTION NO. 6: COUNTERPARTS
0008
This Agreement may be executed in any number of counterparts, each of which, when so
executed and delivered, shall be an original, but such counterparts shall together constitute
but one and the same.
SECTION NO. 7: ASSIGNMENT
No Party may assign, in whole or in part, its interest in this Agreement without the approval
of all other PARTIES.
SECTION NO. 8: LIABILITY
(a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by any reason of or arising out of any
negligent act or omission of COUNTY /COURT or their respective officers, agents and
employees, or any of them relating to or arising out of performing services pursuant to this
Agreement. In the event that any suit based upon such claim, action, loss, or damages is
brought against CITY, COUNTY shall defend the same at its sole cost and expense;
provided that CITY reserves the right to participate in said suit if any principle of
governmental or public law is involved; and if final judgment in said suit be rendered
against CITY, and its officers, agents, and employees, or any of them, or jointly against
CITY and COUNTY and their respective officers, agents, and employees, COUNTY shall
satisfy the same.
(b) CITY shall indemnify and hold harmless COUNTY /COURT and their officers, agents,
and employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by any reason of or arising out of any
negligent act or omission of CITY, its officers, agents and employees, or any of them
relating to or arising out of performing services pursuant to this Agreement. In the event
that any suit based upon such claim, action, loss, or damages is brought against
COUNTY /COURT, CITY shall defend the same at its sole cost and expense; provided that
COUNTY /COURT reserves the right to participate in said suit if any principle of
governmental or public law is involved; and if final judgment in said suit be rendered
against COUNTY /COURT, and their officers, agents, and employees, or any of them, or
jointly against COUNTY /COURT and CITY and their respective officers, agents, and
employees, CITY shall satisfy the same.
(c) The foregoing indemnity is specifically intended to constitute a waiver of each party's
immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, respecting the
other party only, and only to the extent necessary to provide the indemnified party with a
Page 6 of 10
03f.L012043 15:49 FAX 50'0 477 3672 SPOK CO PA CIVJT. 0O9
full and complete indemnity of claims made by the indemnitor's employees. The PARTIES
acknowledge that these provisions were specifically negotiated and agreed upon by them.
(d) COUNTY and CITY agree to either self insure or purchase polices of insurance
covering the matters contained in this Agreement with coverages of not less than
$5,000,000 per occurrence with $5,000,000 aggregate limits including auto liability
coverage,
SECTION NO. 91 RELATIONSHIP OF TITS PARTIES
The PARTIES intend that an independent contractor relationship will be created by this
Agreement. No agent, employee, servant or representative of COUNTY/COURT shall be
deemed to be an employee, agent, servant or representative of CITY for any purpose.
Likewise, no agent, employee, servant or representative of the CITY shall be deemed to be
an employee, agent, servant or representative of COUNTY/ COURT for any purpose.
SECTION NO. 10: MODIFICATION OR TERiNIEVATI N
This Agreement may be modified in writing by mutual agreement of the PARTIES.
Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 90
days written notice to the other PARTIES.
Upon termination, CITY shall be obligated to pay for only those Court Services rendered
prior to the date of withdrawal based upon a pro rata division of those costs in Section No. 3
herein above.
Termination of this Agreement shall not impose a requirement on COUNTY to provide for
the funding or handling of cases addressed by this Agreement that are filed/referred n-ed after
the effective date of termination.
Upon termination COUNTY shall continue to provide services to completion for those
cases filed prior to the effective date of the termination.
SECTION NO. 11: PROPERTY AND EQUIPMENT
The ownership of all property and equipment utilized in association with applicable CITY
cases shall remain with the original owner, unless specifically and mutually agreed by the
PARTIES to this Agreement.
Page 7 of 10
03/10/2003 15:49 FAX 509 477 3672 SPOK CO I'A CIVIL
X0].0
SECTION NO. 12: ALL WRITINGS CONTAINED IiIEREIN/BINDING EFFECT
This Agreement contains terms and conditions agreed upon by the PAR1'IEJS. The
PARTIES agree that there are no other understandings, oral or otherwise, regarding the
subject matter of this Agreement. No changes or additions to this Agreement shall be valid
or binding upon the PARTIES unless such change or addition is in writing, executed by the
PARITIES.
This Agreement shall be binding upon the PARTIES hereto, their successors and assigns.
SECTION NO. 13: DISPUTE RESOLUTION
Any dispute among the PARTIES with respect to the methodologies used to calculate the
2004 costs of Court Services to CITY under the terms of this Agreement that cannot be
resolved between/among the applicable PARTIES shall be subject to binding arbitration.
Provided, however, COURT'S independent right to run COURT shall not be subject to this
dispute resolution provision.
COUNTY and CITY shall each have the right to designate a person to act as an arbitrator.
The two selected arbitrators shall then jointly select a third arbitrator. The decision of the
arbitration panel shall be binding on the PARTIES.
The costs of the arbitration panel shall be jointly split between the PARTIES involved in the
arbitration.
The decision of the arbitration panel shall be binding and not subject to judicial review.
SECTION NO. 14: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered
within the State of Washington and it is mutually understood and agreed by each party
that this Agreement shall be governed by the laws of the State of Washington both as to
interpretation and performance. Any action at law, suit in equity or judicial proceeding for
the enforcement of this Agreement, or any provision hereto, shall be instituted only in
courts of competent jurisdiction within Spokane County, Washington.
SECTION NO. 15: SEVERABILITY
It is understood and agreed among the PARTIES that if any parts, terms or provisions of
this Agreement are held by the courts to be illegal, the validity of the remaining portions or
provisions shall not be affected and the rights and obligations of the PARTIES shall not be
affected in regard to the remainder of the Agreement. If it should appear that any part, term
Page 8 of 10
03/1012003 15 :50 FAX 549 477 367.2 SPOK CO PA CIVIL
or provision of this Agreement is in conflict with any statutory provision of the State of
Washington, then the part, term or provision tf.iereof that maybe in conflict shall be deemed
inoperative and null and void insofar as it may be in conflict therewith and this Agreement
shall be deemed to modify to conform to such statutory provision.
SECTION NO. 16: HEADINGS
The section headings appearing in this Agreement have been inserted solely for the
purpose of convenience and ready reference. In no way do they purport to, and shall not
be deemed to define, limit or extend the scope or intent of the sections to w1l-ch they
pertain.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be
executed on date and year opposite their respective signatures
DATED: SPOKANE COUNTY
IvIUNICIPAUDISTRICT COURT:
By:
Its:
DATED: _ BOARD OF COUNTY
COlvilvIISSIONERS
OF SPOKANE, COUNTY, WASHINGTON
ATTEST:
VIKY M. DALTON
CLERK OF THE BOARD
BY:
Daniela Erickson, Deputy
Page 9of10
JOHN ROSKELLEY, Chair
PHILLIP D. HARRIS, Vice -Chair
M. KATE MCCA LN
03/10/2003 15:50 FAX 509 477 3672 SPOK CO PA C (l, (401.2
DATED: CITY OF SPOKANE VALLEY:
Attest:
City Clerk
Approved as to form only:
Acting City Attorney
Ii:Wal9ey CitylDraft Contr attsijjudicationtadjudication services valley 031003- final.doc
Page 10 of 10
By:
Its:
(Title) .
03/10/2003 15:50 FAX 509 477 3672
Purpose:
Methodologies:
Page 1 of 3
SPOK CO PA clvIL fj013
SPOKANE DISTRICT COURT STATISTICS
SPOKANE VALLEY
1) Utilizing one or more methodologies, identify caseload statistics attributable
and chargeable as Spokane Valley municipal court services;
2) Calculate anticipated costs of providing those municipal court services given
the workload/caseload calculated in (1);
a) Using costs per case calculations, similar to those for Liberty Lake, et al
b) Using resource cost estimates allocable to the cases in the new city,
similar to the city of Spokane Interlocal Agreement.
Databases and Sources of Information:
1) CAD (Computer Aidcd Dispatch), RMS (Records Management System) and
JMS (Jail Management System) as compiled and interpreted by Sheriff's
Department personnel;
2) Arrest statistics from Capt. Mike Dubee, Washington State Patrol;
3) JIS (Justice Information System), court filing information through the
Administrative Office of the Courts, as compiled by court personnel.
1) Conduct in -house manual surveys of caseload filings for the period June 1
through September 30, 2002, to determine the Valley caseload;
2) Develop sorting parameters through BIRO (J IS) to measure historical filings
by LEA and by offense category;
3) Compare and contrast infraction and criminal activity estimates developed by
the Spokane Sheriff Department with that compiled from special BR10
reports of the JIS system in Spokane District Court and with the manual
survey conducted by District Court personnel. Purpose: Test reliability of our
own and the Sheriffs reporting of Valley cases.
4) Determine most reliable caseload information from that provided;
5) Converting caseload information to workload measures, as a percentage of the
District Court total workload.
a) Calculate staffing, M & 0 and Indirect Costs for the workload in the
Valley;
b) Calculate costs using "cost per case" figures for 2002.
ATTACHMENT "A"
' • � . _ ..."
• •"0 '∎: , I 62,85
�L..o
.60
�t�
.. e .
.35
to
13,199
37,712
•11 A 2 091
.23
481
.68
327
Ft. i - ',.ti : r 4 199
.70
2,939
.55
1 705
<< r' 6', 1 2 179
.64
1,394
.55
767
1 D . IN 1,439
.90
1,295
712
03/10/2003 15:50 FAX 509 477 3672 SPOK CO PA CIVTI.. 8014
Cautionary Note • The following caseload estimates for the City of Spokane Valley are
based on historical data for the years of 2000 and 2001 and the first 9 months of
2002. Since April of 2002, however, the entire county has experienced a surge in
case filings, e.g. average of 59% increase in infractions, 53% increase in DUI
arrests, and a 17% increase in other criminal filings. This trend is not fully
considered in these caseload/workload estimates.
* County includes all law enforcement activity which could be chargeable to a municipality but is
currently provided by county law enforcement agencies, i.c. Animal Control, Sheriffs Department.
This column does not include WSP citations, Burlington Northern, Dept. of Fish and Wildlife, Dept. of
Fisheries, Labor and Industries, State Dept. of Natural Resources, State Dept, of Social and Health
Services, Union Pacific Railroad, State Utilities and Transportation, Department of Wildlife or any
other state law enforcement agency.
Summary and Conclusion:
2002 Infraction/Criminal Filing Proiections
After culling out the relevant numbers from the Sheriff Department report, entitled
"Statistical Analysis of Valley City Arrests ", and comparing these with the numbers
arrived from our "in- house" survey of case filings for the period June 1, 2002 -
September 30, 2002, and further comparing these with a special BRIO report from
ITS, conducted by the Court's Computer Applications Assistant, it is our conclusion
that the estimate of caseload filings for the City of Spokane Valley are reliable and
may be used to project staffing needs for the delivery of. municipal court services and
to estimate projected costs for these cases based on both a cost per case basis and a
weighted workload analysis.
The one exception to the analysis is that for Infraction filings. The report indicates
that R:Iv1S did not enter infraction data for the last half of 2001 and, therefore, we rely
on JIS statistics for that figure.
Page 2 of 3
03/10/2003 15:51. FAX 509 477 3672 SPOK CO PA CIVI1,
OPTION 1. RCW 3,45 : '
MUNICIPAL COURT DEPARTMENT
• VALLE* C'e • ' T STAFFING AND ANNUAL BUDGET
Judges * - . ;1.33 ' . $180;828-'
Commissioners • :1.0 . 1:16,235
Bailiffs 2.33. . 84,724
Secretaries , . 0.5 • 21,646 -
Admin. Support . 1.0 • • = '58,342 •
Clerks' Office - 9.0 :.3'52,387
Page 3 of 3
*includes D.V. case handling
TOTAL S &■ . 15:16 FTE' • $814,161 .
M &O .28
81,629
'INDIRECT COSTS .2037 ' • $165,845
TOTAL; ANNUAL::ZED COSTS - . • $ 1,061,636
RJ 01.5
Attorney Approve
As To Form
SUBMITTED BY: Interim City Manager
CITY OF SPOKANE VALLEY
REQUEST FOR COUNCIL ACTION
Agenda Bill No. 2003 -064
DATE ACTION IS TITLE: Public Defender TYPE OF ACTION:
REQUESTED: Services
March 6, 2003 - continued
March 13, 2003 Ordinance
APPROVED FOR ATTACHMENTS: Resolution
COUN .L PACKET: lnterlocal Agreement No. CO3-
12 Motion
City Manager
X Other
Dept. Head
STAFF RECOMMENDS COUNCIL, MAKE A MOTION TO: Authorize execution by the City Manager
of Interlocal Agreement No. CO3 -12 for public defender services.
DISCUSSION: This agreement has been in negotiation between the City of Spokane Valley staff and
Spokane County staff for several weeks. The City Council reviewed the draft agreement during the
February 27, 2003 study session. The proposed agreement has been drafted in accordance with the
provisions of state RCW 39.34 and provides for the City of Spokane Valley to utilize services of the
Spokane County Public Defender for the purpose of providing representation to indigents needing these
services for certain offenses. Action on this agreement was delayed from the March 6, 2003 meeting to
incorporate language modifications as agreed to by the County and City.
ALTERNATIVES: (a) Publish a Request for Qualifications (RFQ) to secure services of a private attorney or
firm to perform public defender services for Spokane Valley; or (b) seek services of another City or County
Public Defender and negotiate agreement for services.
FISCAL IMPACT:
SOURCE OF FUNDS: General fund
AMOUNT BUDGETED: Budget under development
AMOUNT NEEDED FOR PROJECT: S260,946 for the year 2003
Return to:
THIS AGREEMENT, made and entered into by and among the Spokane County
Public Defender, having offices for the transaction of business as 1033 West Gardner,
Gardner Court Building, Spokane Washington 99260 -0280, hereinafter referred to as
"PUBLIC DEFENDER," Spokane County, having offices for the transaction of business
at West 1116 Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as
"BOARD," together sometimes referred to along with the PUBLIC DEFENDER as
"COUNTY," and the City of Spokane Valley, a municipal corporation of the State of
Washington, having offices for the transaction of business at the Redwood Plaza, 11707
East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred
to as "CITY," jointly hereinafter referred to as the "PARTIES."
Page 1 of 10
Danicla Erickson Spokane Valley Contract
Clerk of the Board No. CO3 -12
1116 West Broadway ,Approved:
Spokane, Washington 99260
1NTERLOCAL AGREEMENT FOR PUBLIC DEFENDER SERVICES
IN THE CITY OF SPOKANE VALLEY
(April 1, 2003 - December 31, 2004)
WITNESSETH:
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners has the care of County property and the management of County funds and
business; and
WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley
established midnight, March 31, 2003, as its official date of incorporation and upon that
date will commence operations as a city; and
WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of
incorporation, local governmental authority and jurisdiction with respect to the newly
incorporated area transferred from Spokane County to the City of Spokane Valley; and
WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties
and cities to contract with each other to perform certain functions which each may legally
perform; and
WHEREAS, pursuant to the provisions of RCW 39.34.180, the City of Spokane
Valley is responsible for the costs incident to prosecution of misdemeanor and gross
misdemeanor offenses which are violations of state statutes that occur within its jurisdiction
and that are committed by adults, and/or juveniles for traffic offenses pursuant to RCW
13.04.030(1)(e)(iii), as well as misdemeanor or gross misdemeanor offenses which are a
violation of City of Spokane Valley ordinances and committed by adults, and/or juveniles
for traffic offenses pursuant to RCW 13.40.030(1)(e)(iii); and
WHEREAS, the City of Spokane Valley desires to utilize the services of the
Spokane County Public Defender for the purpose of (1) representing indigents where the
initial charge is a State misdemeanor or gross misdemeanor offense committed by an adult,
and /or a juvenile for a traffic offense pursuant to RCW 13.40.030(1)(e)(iii), and occurring
within the City of Spokane Valley; and/or (2) representing indigents where the initial charge
is a CITY misdemeanor or gross misdemeanor and referred to the Spokane County Public
Defender.
NOW THEREFORE for and in consideration of the mutual promises set forth
hereinafter and as provided for in the above - referenced recitals, the PARTIES do hereby
agree as follows:
SECTION NO. 1: PURPOSE
The purpose of the Agreement is to reduce to writing the PARTIES' understanding as to the
terms and conditions under which the PUBLIC DEFENDER will provide "Defender
Services" to CITY. It is the intent of the PARTIES that Defender Services to be provided
under the terms of this Agreement will be consistent with CITY'S Council/Manager form
of government provided for in chapter 35A.13 RCW and CITY'S legal responsibility to
provide such services under the U.S. Constitution, Washington State Constitution and laws
of the State of Washington.
SECTION NO. 2: DURATION
This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12:00
P.M. December 31, 2004, unless one or all of the PARTIES provide notice of termination
as provided in Sections No. 5 and 12 of this Agreement.
SECTION NO. 3: COST OF SERVICES AND PAYMENTS
CITY shall pay COUNTY the actual costs for Defender Services provided under this
Agreement. The estimated cost for Defender Services under this Agreement for calendar
year 2003 shall be TWO HUNDRED SIXTY THOUSAND NINE HUNDRED FORTY-
Page 2 of 1
SIX DOLLARS ($260,946). CITY'S cost was arrived at by using the methodology set
forth in Attachment "A," attached hereto and incorporated herein by reference.
The PARTIES agree to use those same methodologies contained in Attachment "A" to
arrive at the estimated costs for calendar year 2004 Prosecution Services. The PARTIES
recognize that the costs will more than likely increase in 2004. For instance, Assistant
Public Defenders and /or support staff may receive salary adjustments by the BOARD or
the maintenance and operation expenses of PUBLIC DEFENDER'S office may increase.
These increases or potential decreases will be reflected in the figures used in the
methodologies for calculating CITY'S 2004 estimated costs. Additionally, the
methodologies will use the Spokane County Geo -Coded Analysis Report ( "Report ").
This Report tracks the actual number of cases handled by PUBLIC DEFENDER for
CITY.
At the end of calendar year 2003 and calendar year 2004, using actual maintenance and
operations expenditures ( "M &O ") expenditures as well as using the numbers in the Report
for each year, COUNTY and CITY will each determine respectively whether or not the
estimated M &O numbers and percentage numbers used as the basis for calculating costs of
PUBLIC DEFENDER services were accurate. Any disagreement between the PARTIES as
to M &O and /or percentage shall be resolved pursuant to Section No. 15 hereinafter. To the
extent that CITY was over billed in any year, it will receive a credit to be applied as
mutually agreed. If CITY was under billed, it will receive a debit in the subsequent billing.
The adjustment will normally take place in March of the year following the year
Prosecution Services were performed. For the purpose of this Agreement, the terminology
M &O shall have the same meaning as set forth in the BARS manual adopted by the State of
Washington under chapter 43.88 R.CW.
COUNTY will bill CITY for the cost of services as outlined, monthly, during the first week
of the month. Dividing that fee set forth herein above by nine (9) for calendar year 2003
and by twelve (12) annually thereafter will base monthly payments. Payments by CITY will
be due by the 5' day of the following month. At the sole option of COUNTY, a penalty
may be assessed on any late payment by CITY based on lost interest earnings had the
payment been timely paid and invested in the Spokane County Treasurer's Investment Pool.
SECTION NO. 4: SERVICES PROVIDED
4.1 Base Services - For the purpose of this Agreement, PUBLIC DEFENDER Services
shall include representation of indigent persons as required by the Constitution or
state statutes (chapter 36.26 RCW) in conjunction with violations of state statutes that
are punishable as misdemeanor and gross misdemeanor offenses that occur within
CITY'S jurisdiction and that are committed by adults, and/or juveniles for traffic
offenses pursuant to RCW 13.04.030 (1) (e) (iii), as well as any appeals to Superior
Page 3 of 1.0
Court. Additionally, PUBLIC DEFENDER shall represent indigent persons as
required by the Constitution or state statutes (chapter 36.26 RCW) in conjunction with
violations of CITY ordinances that are punishable as misdemeanor offenses except
for any constitutional challenges to the CITY ordinance. It also includes
representation of indigent persons as required by the Constitution or state statutes
(chapter 36.26 RCW) in conjunction with the prosecution of violations of CITY'S
Traffic Code, as well as any appeals to Superior Court.
4.2 Enhanced Services - CITY hereby agrees to pay for enhanced Defender Services
separately. Enhanced Defender Services include unique circumstances not
contemplated by the PARTIES at the time the estimated costs were set for any
calendar year such as enhanced enforcement of a particular crime, mass arrests and
request for Defender Services of rioters and/or protestors. PUBLIC DEFENDER
will advise the CITY Manager as soon as possible of the likelihood of Enhanced
Defender Services. CITY will pay PUBLIC DEFENDER for all actual costs for
enhanced Defender Services. PUBLIC DEFENDER will keep time records for all
such costs. Billings for Enhanced Services will occur along with monthly billing for
Base Services.
CITY agrees to insure that appropriate CITY staff is available at no cost to PUBLIC
DEFENDER for all trials or judicial proceedings where their presence is requested by
PUBLIC DEFENDER.
All services to be provided by PUBLIC DEFENDER in courts under the terms of this
Agreement shall be provided in courts located within the Spokane County Courthouse
Complex. In the event CITY requests such court services to be provided at a location
within C1TY, the PARTIES agree to meet and mutually negotiate any and all increased
costs to PUBLIC DEFENDER in providing such court services at CITY location.
PUBLIC DEFENDER or his /her designee agrees to attend staff meetings as requested by
the CITY Manager. PUBLIC DEFENDER or his/her designee further agrees to meet upon
request by the CITY Manager or his/her designee to discuss any Defender Services
provided under the terms of this Agreement.
CITY agrees PUBLIC DEFENDER will use PUBLIC DEFENDER'S stationary in
conjunction with providing Prosecution Services under the terms of this Agreement.
SECTION NO. 5: NOTICE
All notices or other communications given hereunder shall be deemed given on: (1) the day
such notices or other communications are received when sent by personal delivery; or (ii)
the third day following the day on which the same have been mailed by first class delivery,
rage 4 of 10
postage prepaid addressed to COUNTY at the address set forth below for such Party, or at
such other address as COUNTY shall from time-to -time designate by notice in writing to
the other PARTIES:
COUNTY:
PUBLIC DEFENDER: Richard Fasy
Spokane County Pubic Defender's Office
1033 West Gardner,
Gardner Court Building,
Spokane Washington 99260 -0280
CITY:
SECTION NO. : COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which, when so
executed and delivered, shall be an original, but such counterparts shall together constitute
but one and the sane.
SECTION NO. 7: REPORT1NC
Spokane County Chief Executive OFmiccr or hislhcr authorized representative
1 16 West Broadway Avenue
Spokane, Washington 99260
City of Spokane Valley City Manager or his /her authorized representative
Redwood Plaza
1 1707 East Sprague Avenue, Suite ] 0b
Spokane Valley, Washington 99206
PUBLIC} DEFENDER shall provide a mutually acceptable quarterly report to CITY that
will contain information relating to Defender Services performed during the preceding
quarter. PUBLIC .DEFENDER will make available to CITY upon request copies of any
Spokane County Geo-Coded Analysis Report "Report".
SECTION ON . 8: ASSIGNMENT
No party may assign in whole or in part its interest in this Agreement without the approval
of all other PARTIES. Provided, however, CITY agrees that in instances of conflict,
PUBLIC DEFENDER may transfer out of his/her office such representation at no
additional cost to CITY without CITY'S approval or authorization.
Page 5 of 10
SECTION NO. 9: ASSISTANT PUBLIC DEFENDERS - HIRING AND
DISCIPLINE.
PUBLIC DEFENDER retains sole right to hire, assign, retain and discipline all employees
performing Defender Services under this Agreement according to applicable state and
federal laws.
PUBLIC DEFENDER agrees to meet and confer with CITY with respect to staff that is
assigned to provide Defender Services.
SECTION NO. 10: LIABILITY
(a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by any reason of or arising out of any
negligent act or omission of COUNTY, its officers, agents and employees, or any of them
relating to or arising out of performing services pursuant to this Agreement. In the event
that any suit based upon such claim, action, loss, or damages is brought against CITY,
COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves
the right to participate in said suit if any principle of governmental or public law is
involved; and if final judgment in said suit be rendered against CITY, and its officers,
agents, and employees, or any of them, or jointly against CITY and COUNTY and their
respective officers, agents, and employees, COUNTY shall satisfy the same.
(b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by any reason of or arising out of any
negligent act or omission of CITY, its officers, agents and employees, or any of them
relating to or arising out of performing services pursuant to this Agreement. In the event
that any suit based upon such claim, action, loss, or damages is brought against COUNTY,
CITY shall defend the same at its sole cost and expense; provided that COUNTY reserves
the right to participate in said suit if any principle of governmental or public law is
involved; and if final judgment in said suit be rendered against COUNTY, and its officers,
agents, and employees, or any of them, or jointly against COUNTY and CITY and their
respective officers, agents, and employees, CITY shall satisfy the same.
(c) The foregoing indemnity is specifically intended to constitute a waiver of each party's
immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, respecting the
other party only, and only to the extent necessary to provide the indemnified party with a
full and complete indemnity of claims made by the indemnitor's employees. The PARTIES
acknowledge that these provisions were specifically negotiated and agreed upon by them.
Page 6 of 10
(d) COUNTY and CITY agree to either self insure or purchase polices of insurance
covering the matters contained in this Agreement with coverages of not less than
55,000,000 per occurrence with 55,000,000 aggregate limits including for PUBLIC
DEFENDER staff professional liability and auto liability coverages.
SECTION NO. 11 RELATIONSHIP OF THE PARTIES
The PARTIES intend that an independent contractor relationship will be created by this
Agreement. No agent, employee, servant or representative of COUNTY shall be deemed to
he an employee, agent, servant or representative of CITY for any purpose. Likewise, no
agent, employee, servant or CITY representative shall be deemed to be an employee, agent,
servant or representative of COUNTY for any purpose.
SECTION NO. 12: MODIFICATION/TERMINATION
This Agreement may be modified in writing by mutual agreement of the PARTIES.
Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 90
days written notice to the other. PARTIES.
Upon termination, CITY shall be obligated to pay for only those Defender Services
rendered prior to the date of termination based upon a pro rata division of those costs set
forth in Section No. 3 herein above.
Termination shall not impose a requirement on either COUNTY /PUBLIC DEFENDER
respectively to provide for the funding or handling of cases addressed by this Agreement
that are filed after the effective date of termination.
Upon termination, at CITY'S option, PUBLIC DEFNEDER shall continue to provide
services to completion for those cases filed prior to the effective date of the termination.
SECTION NO. 13: PROPERTY AND EQUIPMENT
The ownership of all property and equipment utilized in association with applicable CITY
cases shall remain with the original owner, unless specifically and mutually agreed by the
PARTIES to this Agreement.
SECTION NO. 14: ALL WRITINGS CONTAINED HEREIN /BINDING EFFECT
This Agreement contains terms and conditions agreed upon by the PARTIES. The
PARTIES agree that there are no other understandings, oral or otherwise, regarding the
subject matter of this Agreement. No changes or additions to this Agreement shall be valid
Page 7 of 10
or binding upon the PARTIES unless such change or addition is in writing, executed by the
PARTIES.
This Agreement shall be binding upon the PARTIES hereto, their successors and assigns.
SECTION NO. 15: DISPUTE RESOLUTION
Any dispute among the PARTIES with respect to the methodologies used to calculate the
2004 costs of Defender Services or the provision of Defender Services by PUBLIC
DEFENDER to CITY under the terms of this Agreement that cannot be resolved
between/among the applicable PARTIES shall be subject to binding arbitration. Provided,
however, PUBLIC DEFENDER'S independent right to administer and manage the Public
Defender's Office shall not be subject to this dispute resolution provision.
COUNTY and CITY shall each have the right to designate a person to act as an arbitrator.
The two selected arbitrators shall then jointly select a third arbitrator. "i'he decision of the
arbitration panel shall be binding on COUNTY and CITY,
The costs of the arbitration panel shall be jointly split between the COUNTY and CITY.
The decision of the arbitration panel shall be binding and not subject to judicial review.
SECTION NO. 16: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered
within the State of Washington and it is mutually understood and agreed by each party
that this Agreement shall be governed by the Jaws of the State of Washington both as to
interpretation and performance. Any Diction at law, suit in equity or judicial proceeding for
the enforcement of this Agreement, or any provision hereto, shall be instituted only in
courts of competent jurisdiction within Spokane County, 'Washington.
SECTION NO. 17: S E V ERABILITY
It is understood and agreed among the PARTIES that if any parts, terms or provisions of
this Agreement are held by the courts to be illegal, the validity of the remaining portions or
provisions shall not be affected and the rights and obligations of the PARTIES shall not be
affected i.n regard to the remainder of the Agreement. If it should appear that any part, term
or provision of this Agreement is in conflict with any statutory provision of the State of
Washington, then the part, terrn or provision thereof that may be in conflict shall be deemed
inoperative and null and void insofar as it may be in conflict therewith and this Agreement
shall be deemed to modify to conform to such statutory provision.
Page 8ofUI
SECTION NO. 1 : RECORDS
All public records prepared, owned, used or retained by PUBLIC DEFENDER in
conjunction with providing Defender Services under the terms of this Agreement shall he
deemed CITY property and shall be made available to CITY upon request by the CITY
Manager subject to the attorney client and work product privileges set forth in statue, court
rule or case law. PUBLIC DEFENDER will notify CITY of any public disclosure request
under chapter 42.17 RCW for copies or viewing of such records as well as the PUBLIC
DEFENDER'S response thereto.
SECTION NO. : ASSURANCE
COUNTY and PUBLIC DEFENDER represent and assure CITY that no other city or town
will receive more favored treatment in receipt of Defender Services than that made
available to the CITY for similar services,
SECTION NO. 20: HEADINGS
The section headings appearing in this Agreement have been inserted solely for the
purpose of convenience and ready reference. In no way do they purport to, and shall not
be deemed to define, limit or extend the scope or intent of the sections to which they
pertain.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be
executed on date and year opposite their respective signatures.
DATED:
Page 9of10
SPOKANE COUNTY PUBLIC DEFENDER:
By:
Its:
(Title)
DATED: BOARD OF COUNTY COMMISSIONERS
OF SPOKANE, COUNTY, WASHINGTON
ATTEST:
VICKY M. DALTON
CLERK OF THE BOARD
BY:
Attest:
City Clerk
Approved as to form only:
Acting City Attorney
Page 10 of 10
JOHN ROSKELLEY, Chair
Daniela Erickson, Deputy M. KATE MCCASLIN
DATED: CITY OF SPOKANE VALLEY
By:
Its:
H:1Vallcy Cily Draft Contracts Defendcf public defender services valley 031003- final.due
PHILLIP D. HARRIS, Vice -Chair
(Title)
Valley City Costs for Public Defender Representation
This cost proposal is based on calculations extrapolated from the Sheriff's Dept. geo -coded
statistics for first nine months of the year 2002 and the Public Defender PDMAN records of
County cases for the same time period. This time period is the most appropriate basis for a
projection of costs since it reflects recent changes in the criminal justice system that will
continue to affect the number of arrests and prosecutions for misdemeanor and gross
misdemeanor cases. The percentage of Public Defender County cases attributable to the Valley
City for this time period is 39 %. The figure below reflects 39% of the modified Misdemeanor
budget for the year 2003 plus a cost allocation for investigative services and overhead. The
budget has been modified to more accurately reflect the administrative and O &M costs of the
misdemeanor services provided by the Spokane County Public Defender. Investigative services
costs have been separately calculated because the investigators are paid out of the general
organization (0047) budget. Overhead has been calculated at the rate of 6.34% of salaries and
benefits.
Salaries and Benefits: $234,090.00
Investigator Salaries and Benefits: $ 2,835.00
O &M $ 9,180.00
Cost Allocation $ 4,841.00
Total: $260,946.00*
This fr'ure is for a nine month time frame from Aril 1. 2003 to December 31. 2003.
The projected number of misdemeanor /show cause cases in the Public Defender's Office for the
year 2003 is 5,400. This projection is based upon the total number of misdemeanor /show cause
cases for the year 2002 and the recent increase in traffic patrol officers and DUI prosecutions. If
this projection is accurate, the number of Valley City misdemeanor and show cause cases will be
2,106 (39 %of 5,400). With that number of cases, the cost per case will be $163.00. This
estimate is consistent with misdemeanor /show cause cost per case statistics for recent years. The
cost per case for the years 1999, 2000 and 2001 were: $164, $168, and $150 respectively. If the
actual number of misdemeanor /show cause cases is lower than has been projected, the cost per
case will be higher. For example, the cost per case for 39% of 5,000 cases handled in the year
2003 would be $177.00. This amount is still a relative bargain when compared to the cost of
private or PD contract representation.
Page 1 of 2
Cost per Case
ATTACHMENT "A'
Valley City Misdemeanor and Gross Misdemeanor Cases
These calculations are based on statistics provided by the Sheriff's Department and on the data
contained within the Public Defender's PDMAN case management system. The data from the
Sheriff's Department has been coded for the first nine months of 2002 to provide a statistically
reliable percentage of Spokane County cases that have originated within the geographical arca
attributable to the Valley City. The PDMAN statistics allow for a segregation of those cases that
are solely attributable to Spokane County. Cases that are attributable to state agencies or
municipalities have been excluded because they would not be adjudicated in the Valley City
justice system under any circumstance. Thus, a percentage of Public Defender cases that would
have to be handled by the Valley City can be calculated by determining the percentage of overall
cases that are strictly Spokane County cases and reducing that percentage further by the
application of the percentage figure of Valley City /County cases developed by the Sheriffs
Department. in making this determination, a separate calculation for Show Cause Hearings was
not made since they would track on the same basis as the misdemeanor cases.
Spokane County
Misdemeanor Incidents 2,670
Gross Misdemeanor Incidents 2,321
Total 4,991
Valley City
Misdemeanor Incidents 1,384
Gross Misdemeanor Incidents 1,387
Total 2,771
2002 -- ---- -- First Nine Months
Valley City percentage: 2,771 divided by 4,991 equals 56%
Public Defender County cases 1,895
Total Public Defender cases 2,715
PD County case percentage 1,895 divided by 2,715 equals 70%
PD County cases that are from
The Valley City area 56% of 1,895 equals 1,061
Percentage of Total PD cases
that are from the Valley City area 1,061 divided by 2715 equals 39%
Paget oft
Average Percentage of PD Cases Attributable to the Valley City = 39%
03/1112003 09:,13 FAX 509 477 3672 SPOFC CO NA CIVIL
Return to
INTERLOCAL AGREE •NT FOR PUBLIC DEFENDER SERVICES
IN THE CITY OF SPOKANE VALLEY
(April 1, 2003- December 31, 2004)
TIT1S AGREEMENT, made and entered into by and among the Spokane County
Public Defender, having offices for the transaction of business as 1033 West Gardner,
Gardner Court Building, Spokane Washington 99260 -0280, hereinafter referred to as
"PUBLIC DEFENDER," Spokane County, having offices for the transaction of business
at West 1116 Broadway Avenue, Spokane, Washington 99260, hereinafter .referred to as
"BOARD," together sometimes referred to along with the PUBLIC DEFENDER as
"COUNTY," and the City of Spokane Valley, a municipal corporation of the State of
Washington, having offices for the transaction of business at the Redwood Plaza, 11707
East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred
to as "CITY," jointly hereinafter referred to as the "PARTIES."
Page 1 of 10
Daniels Erien
Clerk of the Board
1116 West Broadway
Spokane, Washington 99260
W1T ESSET
42.1.
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of, County
Commissioners has the care of County property and the management of County funds and
business; and
WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley
established midnight, March 31, 2003, as its official date of incorporation and upon that
date will commence operations as a city; and
WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of
incorporation, local governmental authority and jurisdiction with respect to the newly
incorporated area transferred from Spokane County to the City of Spokane Valley, and
WHEREAS, chapter 39.34 RCW (Tnterlocal Cooperation Act), authorizes counties
and cities to contract with each other to perform certain functions which each may legally
perform; d
03/11/2003 09:13 FAX 509 477 3672
Page 2 of 10
SPOK CO PA CIVIL. a022
WHEREAS, pursuant to the provisions of RCW 39.34.180, the City of Spokane
Valley is responsible for the costs incident to prosecution of misdemeanor and gross
misdemeanor offenses which are violations of state statutes that occur within its jurisdiction
and that are committed by adults, and/or juveniles for traffic offenses pursuant to RCW
13.04.030(1)(e)(iii), as well as misdemeanor or gross misdemeanor offenses which arc a
violation of City of Spokane Valley ordinances and committed by adults, and/or juveniles
for traffic offenses pursuant to RCW 13.40.030(1)(e)(iii); and
WHEREAS, the City of Spokane Valley desires to utilize the services of the
Spokane County Public Defender for the purpose of (1) representing indigents where the
initial charge is a State misdemeanor or gross misdemeanor offense committed by an adult,
and/or a juvenile for a traffic offense pursuant to RCW 13.40.030(1)(e)(iii), and occurring
within the City of Spokane Valley; and/or (2) representing indigents where the initial charge
is a CITY misdemeanor or gross misdemeanor and referred to the Spokane County Public
Defender.
NOW THEREFORE for and in consideration of the mutual promises set forth
hereinafter and as provided for in the above- referenced recitals, the PARTIES do hereby
agree as follows:
SECTION NO. 1: PURPOSE
The purpose of the Agreement is to reduce to writing the PARTIES' understanding as to the
terms and conditions under which the PUBLIC DEFENDER will provide `Defender
Services" to CITY. It is the intent of the PARTIES that Defender Services to be provided
under the terms of this Agreement will be consistent with CITY'S Council/Manager for_rn
of government provided for in chapter 35A.13 RCW and CITY'S legal responsibility to
provide such services under the U.S. Constitution, Washington State Constitution and laws
of the State of Washington.
SECTION NO. 2: DURATION
This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12:00
P.M. December 31, 2004, unless one or all of the PARTIES provide notice of termination
as provided in Sections No. 5 and 12 of this Agreement.
SECTION NO. 3: COST OF SERVICES AND PAYMENTS
CITY shall pay COUNTY the actual costs for Defender Services provided under this
Agreement. The estimated cost for Defender Services under this Agreement for calendar
year 2003 shall be TWO HUNDRED SIXTY THOUSAND NINE HUNDRED FORTY-
03/11/2003 09:13 FAX 509 477 3672 SPOK CO PA CIVIL. UO23
SIX DOLLARS ($260,946). CITY'S cost was arrived at by using the methodology set
forth in Attachment "A," attached hereto and incorporated herein by reference.
The PARTIES agree to use those same methodologies contained in Attachment "A" to
arrive at'the estimated costs for calendar year 2004 Prosecution Services. The PARTIES
recognize that the costs will more than likely increase in 2004. For instance, Assistant
Public Defenders and/or support staff may receive salary adjustments by the BOARD or
the maintenance and operation expenses of PUBLIC DEFENDER'S office may increase.
These increases or potential decreases will be reflected in the figures used in the
methodologies for calculating CITY'S 2004 estimated costs. Additionally, the
methodologies will use the Spokane County Geo -Coded Analysis Report ("Report").
This Report tracks the actual number of cases handled by PUBLIC DEFENDER for
CITY.
At the end of calendar year 2003 and calendar year 2004, using actual maintenance and
operations expenditures ( "M &O ") expenditures as well as using the numbers in the Report
for each year, COUNTY and CITY will each determine respectively whether or not the
estimated M &O numbers and percentage numbers used as the basis for calculating costs of
PUBLIC DEFENDER services were accurate. My disagreement between the PARTIES as
to M &O and/or percentage shall be resolved pursuant to Section No. 15 hereinafter. To the
extent that CITY was over . billed in any year, it will receive a credit to be applied as
mutually agreed. If, CITY was under billed, it will receive a debit in the subsequent billing.
The adjustment will normally take place in March of the year following the year
Prosecution Services were performed. For the purpose of this Agreement, the terminology
M &O shall have the same meaning as set forth in the BARS manual adopted by the State of
Washington under chapter 43.88 RCW.
COUNTY will bill CITY for the cost of services as outlined, monthly, during the first week
of the month. Dividing that fee set forth herein above by nine (9) for calendar year 2003
and by twelve (12) annually thereafter will base monthly payments. Payments by CITY will
be due by the 5 day of the following month. At the sole option of COUNTY, a penalty
may be assessed on any late payment by CITY based on lost interest earnings had the
payment been timely paid and invested in the Spokane County Treasurer's Investment Pool.
SECTION NO. 4: SERVICES PROVIDED
4.1 Base Services - For the purpose of this Agreement, PUBLIC DEFENDER Services
shall include representation of indigent persons as required by the Constitution or
state statutes (chapter 36.26 RCW) in conjunction with violations of state statutes that
are punishable as misdemeanor and gross misdemeanor offenses that occur within
CITY'S jurisdiction and that are committed by adults, and/or juveniles for traffic
offenses pursuant to RCW 13.04.030 (1) (e) (iii), as well as any appeals to Superior
Page 3 of 10
03/11/2003 09:14 FAX 509 477 3672
SPOK CO PA CIVIL Q4024
Court. Additionally, PUBLIC DEFENDER shall represent indigent persons as
required by the Constitution or state statutes (chapter 36.26 RCW) in conjunction with
violations of CITY ordinances that are punishable as misdemeanor offenses except
for any constitutional challenges to the CITY ordinance. It also includes
representation of indigent persons as required by the Constitution or state statutes
(chapter 36.26 RCW) in conjunction with the prosecution of violations of CITYY'S
Traffic Code, as well as any appeals to Superior Court.
4.2 Enhanced Services - CITY hereby agrees to pay for enhanced Defender Services
separately. Enhanced Defender Services include unique circumstances not
contemplated by the PARTIES at the time the estimated costs were set for any
calendar year such as enhanced enforcement of a particular crime, mass arrests and
request for Defender Services of rioters and/or protestors. PUBLIC DEFENDER
will advise the CITY Manager as soon as possible of the likelihood of Enhanced
Defender Services. CITY will pay .PUBLIC DEFENDER for all actual costs for
enhanced Defender Services. PUBLIC DEFENDER will keep time records for all
such costs. Billings for Enhanced Services will occur along with monthly billing for
Base Services.
CITY agrees to insure that appropriate CJ.TY staff is available at no cost to PUBLIC
DEFENDER for all trials or judicial proceedings where their presence is requested by
PUBLIC DEFENDER.
All services to be provided by PUBLIC DEFENDER in courts under the terms of this
Agreement shall be provided in courts located within the Spokane County Courthouse
Complex. In the event CITY requests such court services to be provided at a location
within CITY, the PARTIES agree to meet and mutually negotiate any and all increased
costs to PUBLIC DEFENDER in providing such court services at CITY location.
PUBLIC DEFENDER or his/her designee agrees to attend staff meetings as requested by
the CITY Manager. PUBLIC DEFENDER. or his/her designee further agrees to meet upon
request by the CITY Manager or his/her designee to discuss any Defender Services
provided under the terms of this Agreement.
CITY agrees PUBLIC DEFENDER will use PUBLIC DEFENDER'S stationary in
conjunction with providing Prosecution Services under the terms of this Agreement.
SECTION NO. 5: NOTICE
All notices or other communications given hereunder shall be deemed given on: (1) the day
such notices or other communications arc received when sent by personal delivery; or (ii)
the third day following the day on which the same have been mailed by first class delivery,
Page 4 of 10
03/11/2003 09:15 FAX 509 477 3672 SPOK CO PA CIVIL
postage prepaid addressed to COUNTY at the address set forth below for such Party, or at
such other address as COUNTY shall from time - to designate by notice in writing to
the other PARTIES:
COUNTY:
PUBLIC DEFENDER Richard Fasy
Spokane County Pubic Defender's Office
1033 West Gardner,
Gardner Court Building,
Spokane Washington 99260 -0280
CITY: City of Spokane Valley City Manager or his/her authorized representative
Redwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
SECTION NO. 6: COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which, when so
executed and delivered, shall be an original, but such counterparts shall together constitute
but one and the same.
SECTION NO. 7: REPORTING
PUBLIC DEFENDER shall provide a mutually acceptable quarterly report to CITY that
will contain information relating to Defender Services performed during the preceding
quarter. PUBLIC DEFENDER will make available to CITY upon request copies of any
Spokane County Geo -Coded Analysis Report ( "Report").
SECTION NO. 8: ASSIGNMENT
No party may assign in whole or in part its interest in this Agreement without the approval
of all other PARTIES. Provided, however, CITY agrees that in instances of conflict,
PUBLIC DEFENDER may transfer out of his/her office such representation at no
additional cost to CITY without CITY'S approval or authorization.
Page 5 of 10
Spokane County Chief Executive Officer or his/her authorized representative
1116 West Broadway Avenue
Spokane, Washington 99260
a025
03/11/2003 09:15 FAX 509 477 3672 SPOK CO PA CIVIL E026
SECTION NO. 9: ASSISTANT PUBLIC DEFENDERS - HIRING AND
DISCIPLINE.
PUBLIC DEFENDER retains sole right to hire, assign, retain and discipline all employees
performing Defender. Services under this Agreement according to applicable state and
federal laws.
PUBLIC DEFENDER agrees to meet and confer with CITY with respect to staff that is
assigned to provide Defender Services.
SECTION NO. 10: LIABILITY
(a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by any reason of or arising out of any
negligent act or omission of COUNTY, its officers, agents and employees, or any of them
relating to or arising out of performing services pursuant to this Agreement. In the event
that any suit based upon such claim, action, loss, or damages is brought against CITY,
COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves
the right to participate in said suit if any principle of governmental or public law is
involved; and if final judgment in said suit be rendered against CITY, and its officers,
agents, and employees, or any of them, or jointly against CITY and COUNTY and their
respective officers, agents, and employees, COUNTY shall satisfy the same.
(b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs,
expenses, and damages of any nature whatsoever, by any reason of or arising out of any
negligent act or omission of CITY, its officers, agents and employees, or any of them
relating to or arising out of performing services pursuant to this Agreement. In the event
that any suit based upon such claim, action, loss, or damages is brought against COUNTY,
CITY shall defend the same at its sole cost and expense; provided that COUNTY reserves
the right to participate in said suit if any principle of governmental or public law is
involved; and if final judgment in said suit be rendered against COUNTY, and its officers,
agents, and employees, or any of them, or jointly against COUNTY and CITY and their
respective officers, agents, and employees, CITY shall satisfy the same.
(c) The foregoing indemnity is specifically intended to constitute a waiver of each party's
immunity under Washington's Industrial Insurance Act, Chapter 51 RCW, respecting the
other party only, and only to the extent necessary to provide the indemnified party with a
full and complete indemnity of claims made by the indemnitor's employees. The PARTIES
acknowledge that these provisions were specifically negotiated and agreed upon by them.
Page 6 010
03/11/2003 09:15 FAX 509 477 3672
SPOK Co PA CIVIL Q027
(d) COUNTY and CITY agree to either self insure or purchase polices of insurance
covering the 'natters contained in this Agreement with coverages of not less than
$5,000,000 per occurrence with $5,000,000 aggregate limits including for PUBLIC
DEFENDER staff professional liability and auto liability coverages.
SECTION NO. 11: RELATIONSHIP OF THE PARTIES
The PARTIES intend that an independent contractor relationship will be created by this
Agreement. No agent, employee, servant or representative of COUNTY shall be deemed to
be an employee, agent, servant or representative of CITY for any purpose. Likewise, no
agent, employee, servant or CITY representative shall be deemed to be an employee, agent,
servant or representative of COUNTY for any purpose.
SECTION NO. 12: MODIFICATION/TERMINATION
This Agreement may be modified in writing by mutual agreement of the PARTIES.
Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 90
days written notice to the other. PARTIES.
Upon termination, CITY shall be obligated to pay for only those Defender Services
rendered prior to the date of termination based upon a pro rata division of those costs set
forth in Section No. 3 herein above.
Termination shall not impose a requirement on either COUNTY/PUBLIC DEFENDER
respectively to provide for the funding or handling of cases addrcsscd by this Agreement
that are filed after the effective date of termination.
Upon termination, at CITY'S option, PUBLIC DEFNEDER shall continue to provide
services to completion for those cases filed prior to the effective date of the termination.
SECTION NO. 13: PROPERTY AND EQUIPMENT
The ownership of all property and equipment utilized in association with applicable CITY
cases shall remain with the original owner, unless specifically and mutually agreed by the
PARTIES to this Agreement.
SECTION NO. 14: ALL WRITINGS CONTAINED HEREINBINDINjG EFFECT
This Agreement contains terms and conditions agreed upon by the PARTIES. The
PARTIES agree that there are no other understandings, oral or otherwise, regarding the
subject matter of this Agreement. No changes or additions to this Agreement shall be valid
Page 7 of 10
03/11/2003 09:29 FAX 509 477 3672 SPOK CO PA CIVIL
STEVEN j. TUCKS
PROSZ.CU TN C ATTORNEY
S P O K A
EC
Please FAX to: Ruth Muller, City Clerk
FAX Phone No: (509) 921 -1008
0
Criminal Depart nent
1'58 -1
1100 W. Mallon Avenue
Spokane, WA 99260-0270
(509)477-3662 FAX: 477 -3409
Re: Interlocal Agreements:
• Data Processing Services
• Probation Services
• Public Defender Services
0
Civil Department
9.T
1115 W. Broadway
Spokane, WA 99260 -0270
(509)477 -5764 FAX:477.3672
OFFIC1 OF PROSECtmNC ATTORNEY
MAK 1 ?f
City of Sp°ksne Valley
March 11, 2003
From: James P. Emacio
Chief Civil Deputy Prosecuting Attorney, Civil Division
Spokane County Prosecuting Attorney's Office
Telephone No.: (509) 477 -5764
FAX Phone No.: (509) 477 -3672
0
Domestic Violence Unit
PS8.1
901 14 Monroe, Suite 200
Spokane, WA 9920l
(509) 835 -4500 FAX:835 -4552
COUNTY
MAIL TO:
Civil Division
MAIL STOF S &T
1116 W. Broadway Avenue
Spokane, WA 99260-0270
(509) 477 -5764 FAX: 477 -3672
*********** *# * * * * * * * * * * * * * * *. * * * * * * * * * * * ** *4444 * * * * * * * * * * * * * * * * * * * * * * * * **
Pages 32
* bit ** * * * Ie * * * * * * * * * * * * * * * * * * * * * * * * **
* * * * * ** * * * * *e * ** * ** ** * **** *** a************ y*******s****s ra* re*** *.** * *** * * ** * ** +e. #tv *
If there are any questions regarding the message sent, please contact Tamara, Civil Department, Prosecuting
Attorney's Office, 477 -5764.
0 *• ****0 * * * * * + * *. * * *•* *4444 * * *e4,f *y*• * * * * * * * * * ** 04 ,4,4 * ** * * *o * * * ** ** * * * * * * * * * ** ** 4,.4,0 * * * * * * * * * * **
NOTICE: The information contained in this transmission is privileged and confidential. It is intended for the use of the
individual or entity natned above. if the reader of this message is not the intended addressee, the reader is hereby
notified that any consideration, dissemination or duplication of this communication is strictly prohibited. If the addressee
has received this communication in error, please return to the above address by mail and notify this office immediately
by telephone. Thank you.
WARNING: Most Fax machines produce copies on thermal paper. The image produced is highly unstable and
will deteriorate significantly in a few years. This record should be copied on a plain paper copier prior to filing as
a record.
❑
Drug/ Property Department
P5 &1
721 N. Jefferson
Spokane, WA 99743-0270
(509) 477.6416 FAX 477-6450
2 001 /007
0
juvenile Department
P513 -2
1208 W. Mallon Avenue
Spokane, WA 99260-0270
(509) 471- 61146 FAX: 477-6444
03/11/2003 09:29 FAX 509 477 3672 SPOK CO PA CIVIL
(d) COUNTY and CITY agree to either self insure or purchase polices of insurance
covering the matters contained in this Agreement with coverages of not less than
55,000,000 per occurrence with 55,000,000 aggregate limits including for PUBLIC
DEFENDER staff professional liability and auto liability coverages.
SECTION NO. 11: RELATIONSHIP OF THE PARTIES
The PARTIES intend that an independent contractor relationship will be created by this
Agreement. No agent, employee, servant or representative of COUNTY shall be deemed to
be an employee, agent, servant or representative of CITY for any purpose. Likewise, no
agent, employee, servant or CITY representative shall be deemed to be an employee, agent,
servant or representative of COUNTY for any purpose.
SECTION NO. 12: MODIFICATION/TERIVHNATION
This Agreement may be modified in writing by mutual agreement of the PARTIES.
Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 90
days written notice to the other PARTIES.
Upon termination, CITY shall be obligated to pay for only those Defender Services
rendered prior to the date of termination based upon a pro rata division of those costs set
forth in Section No. 3 herein above.
Termination shall not impose a requirement on either COUNTY /PUBLIC DEFENDER
respectively to provide for the funding or handling of cases addressed by this A.greernent
that are fled after the effective date of termination.
Upon termination, at CITY'S option, PUBLIC DEFNEDER shall continue to provide
services to completion for those cases filed prior to the effective date of the termination.
SECTION NO. 13: PROPERTY AND EQUIPMENT
The ownership of all property and equipment utilized in association with applicable CITY
cases shall remain with the original owner, unless specifically and mutually agreed by the
PARTIES to this Agreement.
SECTION NO. 14: ALL WRITINGS CONTAINED HEREIN/BINDING EFFECT
This Agreement contains terms and conditions agreed upon by the PARTIES. The
PARTIES agree that there are no other understandings, oral or otherwise, regarding the
subject matter of this Agreement. No changes or additions to this Agreement shall be valid
Page 7 of l0
@1 002/007
03/1„1/2003 09:30 FAX 509 477 3672
Page 8 of 10
SPOK CO PA GT1'Il.. X003/007
or binding upon the PARTIES unless such change or addition is in writing, executed by the
PARTIES.
This Agreement shall be binding upon the PARTIES hereto, their successors and assigns.
SECTION NO. 15: DISPUTE RESOLUTION
Any dispute among the PARTIES with respect to the methodologies used to calculate the
2004 costs of Defender Services or the provision of Defender Services by PUBLIC
DEFENDER to CITY under the terms of. this Agreement that cannot be resolved
between/among the applicable PARTIES shall be subject to binding arbitration. Provided,
however, PUBLIC DEFENDER'S independent right to administer and manage the Public
Defender's Office shall not be subject to this dispute resolution provision.
COUNTY and CITY shall each have the right to designate a person to act as an arbitrator.
The two selected arbitrators shall then jointly select a third arbitrator. The decision of the
arbitration panel shall be binding on COUNTY and CITY.
The costs of the arbitration panel shall be jointly split between the COUNTY and CITY.
The decision of the arbitration panel shall be binding and not subject to judicial review.
SECTION NO. 16: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered
within the State of Washington and it is mutually understood and agreed by each party
that this Agreement shall be governed by the laws of the State of Washington both as to
interpretation and performance. Any action at law, suit in equity or judicial proceeding for
the enforcement of this Agreement, or any provision hereto, shall be instituted only in
courts of competent jurisdiction within Spokane County, Washington.
SECTION NO. 17: SEVERABILITY
It is understood and agreed among the PARTIES that if any parts, terms or provisions of
this Agreement are held by the courts to be illegal, the validity of the remaining portions or
provisions shall not be affected and the rights and obligations of the PARTIES shall not be
affected in regard to the remainder of the Agreement. If it should appear that any part, term
or provision of this Agreement is in conflict with any statutory provision of the State of
Washington, then the part, term or provision thereof that may be in conflict shall be deemed
inoperative and null and void insofar as it may be in conflict therewith and this Agreement
shall be deemed to modify to conform to such statutory provision.
03/.11/2003 09:30 FAX 509 477 3672
SECTION NO. 18: RECORDS
SPOK CO PA CIVIL
All public records prepared, owned, used or retained by PUBLIC DEFENDER in
conjunction with providing Defender Services under the terms of this Agreement shall be
deemed CITY property and shall be made available to CITY upon request by the CITY
Manager subject to the attorney client and work product privileges set forth in statue, court
rule or case law. PUBLIC DEFENDER will notify CITY of any public disclosure request
under chapter 42.17 RCW for copies or viewing of such records as well as the PUBLIC
DEFENDER'S response thereto.
SECTION NO. 19: ASSURANCE
COUNTY and PUBLIC DEFENDER represent and assure CITY that no other city or town
will receive more favored treatment in receipt of Defender Services than that made
available to the CITY for similar services.
SECTION NO. 20: HEADINGS
The section headings appearing in this Agreement have been inserted solely for the
purpose of convenience and ready reference. In no way do they purport to, and shall not
be deemed to define, limit or extend the scope or intent of the sections to which they
pertain.
£N WITNESS WHEREOF, the PARTIES have caused this Agreement to be
executed on date and year opposite their respective signatures.
DATED: _ SPOKANE COUNTY PUBLIC DEFENDER:
By:
Its:
Page 9 of 10
(Title)
a004/007
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SPOK CO PA CIVIL
DATED: BOARD OF COUNTY COMMISSIONERS
OF SPOKANE, COUNTY, WASHINGTON
ATTEST:
VICKY M. DALTON
CLERK OF THE BOARD
BY:
Attest:
City Clerk
Approved as to form only:
Acting City Attorney
Page 10 of 10
JOHN ROSKELLEY, Chair
PHILLIP D. HARRIS, Vice -Chair
Daniela Erickson, Deputy M. KATE MCCASLIN
DATED: CITY OF SPOKANE VALLEY
By:
N:: :Walley CitylDrafl Contracts`PUblic Defender\public defender services valley 031003- firial.dOc
Its:
(Title)
el 005/007
03111/2003 09:31 FAX 509 477 3672
Valley City Costs for Public Defender Representation
This cost proposal is based on calculations extrapolated from the Sheriff's Dept. geo -coded
statistics for first nine months of the year 2002 and the Public Defender PDMAN records of
County cases for the same time period. This time period is the most appropriate basis for a
projection of costs since it reflects recent changes in the criminal justice system that will
continue to affect the number of arrests and prosecutions for misdemeanor and gross
misdemeanor cases. The percentage of Public Defender County cases attributable to the Valley
City for this time period is 39 %. The figure below reflects 39% of the modified Misdemeanor
budget for the year 2003 plus a cost allocation for investigative services and overhead. The
budget has been modified to more accurately reflect the administrative and O &M costs of the
misdemeanor services provided by the Spokane County Public Defender. Investigative services
costs have been separately calculated because the investigators are paid out of the general
organization (0047) budget. Overhead has been calculated at the rate of 6.34% of salaries and
benefits.
Salaries and Benefits:
Investigator Salaries and Benefits:
O &M
Cost Allocation
Total:
This figure is for a nine month
Cost per Case
The projected number of misdemeanor/show cause cases in the Public Defender's Office for the
year 2003 is 5,400. This projection is based upon the total number of misdemeanor /show cause
cases for the year 2002 and the recent increase in traffic patrol officers and DUI prosecutions. If
this projection is accurate, the number of Valley City misdemeanor and show cause cases will be
2,106 (39 %of 5,400). With that number of cases, the cost per case will be $163.00. This
estimate is consistent with misdemeanor /show cause cost per case statistics for recent years. The
cost per case for the years 1999, 2000 and 2001 were: $164, $168, and $150 respectively. If the
actual number of misdemeanor /show cause cases is lower than has been projected, the cost per
case will be higher. For example, the cost per case for 39% of 5,000 cases handled in the year.
2003 would be $177.00. This amount is still a relative bargain when compared to the cost of
private or PD contract representation.
Page 1 of 2
SPOK CO PA CIVIL
5234,090.00
$ 2,835.00
5 9,180.00
$_ 4.841.00
$260,946.00*
time frame from A mril 1 2003 to December 31 2003.
ATTACHMENT "A"
Z066/007
03/11/2003 09:31 FAX 509 477 3672 SPOK CO PA CIVIL
Valley City Misdemeanor and Gross Misdemeanor Cases
These calculations are based on statistics provided by the Sheriff's Department and on the data
contained within the Public Defender's PDMAN case management system. The data from the
Sheriff's Department has becn coded for the first nine months of 2002 to provide a statistically
reliable percentage of Spokane County cases that have originated within the geographical area
attributable to the Valley City. The PDMAN statistics allow for a segregation of those cases that
are solely attributable to Spokane County. Cases that are attributable to state agencies or
municipalities have been excluded because they would not be adjudicated in the Valley City
justice system under any circumstance. Thus, a percentage of Public Defender cases that would
have to be handled by the Valley City can be calculated by determining the percentage of overall
cases that are strictly Spokane County cases and reducing that percentage further by the
application of the percentage figure of Valley City /County cases developed by the Sheriff's
Department. In making this determination, a separate calculation for Show Cause Hearings was
not made since they would track on the same basis as the misdemeanor cases.
Spokane Countv
Misdemeanor Incidents 2,670
Gross Misdemeanor Incidents 2,321
Total 4,991
Page 2 of 2
2002 First Nine Months
Valley City
Misdemeanor Incidents 1,384
Gross Misdemeanor Incidents 1 387
Total 2,771
Valley City percentage: 2,771 divided by 4,991 equals 56%
Public Defender County cases 1,895
Total Public Defender cases 2,715
PD County case percentage 1,895 divided by 2,715 equals 70%
PD County cases that are from
The Valley City area 56% of 1,895 equals 1,061
Percentage of Total PD cases
that are from the Valley City area 1,061 divided by 2715 equals 39%
Average Percentage of PD Cases Attributable to the Valley City = 39%
21007/007
CITY OF SPOKANE VALLEY
REQUEST FOR COUNCIL ACTION
Agenda Bill No. 2003 -063
DATE ACTION IS
REQUESTED:
March 6, 2003 - continued
March 13, 2003
TITLE: Prosecution Services TYPE OF ACTION:
ATTACHMENTS:
Interlocal Agreement No. CO3-
COUNCIL PACKET: 11
APPROVED FOR
City Manager
Dept. Head
Attorney Approve
As To Form
Ordinance
Resolution
Motion
X Other
SUBMITTED BY: Interim City Manager
STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Authorize execution by the City Manager
of Interlocal Agreement No. CO3 -11 with Spokane County for prosecution services.
DISCUSSION: This agreement has been in negotiation behveen the City of Spokane Valley staff and
Spokane County staff for several weeks. The City Council reviewed the draft agreement during the
February 27, 2003 study session. The proposed agreement has been drafted in accordance with the
provisions of state RCW 39.34 and provides for the City of Spokane Valley to utilize the Spokane County
Prosecuting Attorney for the purpose of prosecuting applicable cases within the corporate boundaries of
the City of Spokane Valley. Action on this agreement was delayed from the March 6, 2003 meeting to
incorporate language modifications as agreed to by the County and City.
ALTERNATIVES: (a) Publish a Request for Qualifications (RFQ) to secure services of a private attorney or
firm to perform prosecution services for Spokane Valley; or (b) seek services of another City or County
Prosecuting Attorney and negotiate agreement for services.
FISCAL IMPACT:
SOURCE OF FUNDS: General fund
AMOUNT BUDGETED: Budget now in development
AMOUNT NEEDED FOR PROJECT: $271,621.50 for the year 2003 plus 578.76 /hour for
violations of City misdemeanor zoning and /or animal control ordinances.
Return to:
Page 1 of 9
Daniela Erickson Spokane Valley Contract
Clerk of the Board No. CO3 -11
1116 West Broadway Approved:
Spokane, Washington 99260
INTERLOCAL AGREEMENT FOR PROSECUTION SERVICES
IN THE CITY OF SPOKANE VALLEY
(April 1, 2003 - December 31, 2004)
THIS AGREEMENT, made and entered into by and among the Spokane County
Prosecuting Attorney, having offices for the transaction of business at 1100 West Mallon,
Spokane, Washington 99260, hereinafter referred to as "PROSECUTOR," CUTOR," Spokane County,
having offices for the transaction of business at 1116 West Broadway Avenue, Spokane,
Washington 99260, hereinafter referred to as "BOARD," together sometimes referred to along with
the PROSECUTOR as "COUNTY," and the City of Spokane Valley, a municipal corporation of
the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707
East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as
"CITY," jointly hereinafter referred to as the "PARTIES."
WITNESSETH:
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners has the care of County property and the management of County funds and business;
and
WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established
midnight, March 31, 2003, as its official date of incorporation and upon that date will commence
operations as a city; and
WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local
governmental authority and jurisdiction with respect to the newly incorporated area will transfer
from Spokane County to the City of Spokane Valley; and
WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and
cities to contract with each other to perform certain functions which each may legally perform; and
WHEREAS, pursuant to the provisions of RCW 39.34.180, the City of Spokane Valley is
responsible for the costs incident to prosecution of misdemeanor and. gross misdemeanor offenses
that occur within its jurisdiction and that are committed by adults; and
WHEREAS, the City of Spokane Valley desires to utilize the services of the Spokane
County Prosecuting Attorney for the purpose of prosecuting cases where the initial charge is (i) an
infraction; and/or (ii) a violation of a state statute punishable as a misdemeanor or gross
misdemeanor offense committed by an adult; and/or (iii) a violation of a City of Spokane Valley
zoning/animal control ordinance punishable as a misdemeanor, all of which occur within the
jurisdiction of the City of Spokane Valley and which are forwarded to the Spokane County
Prosecutor, hereinafter referred to as "Prosecution Services."
NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter
and as provided for in the above - referenced recitals, the PARTIES do hereby agree as follows:
SECTION NO. 1: PURPOSE
The purpose of this Agreement is to reduce to writing the PARTIES' understanding as to the terms
and conditions under which PROSECUTOR. will provide "Prosecution Services" on behalf of
CiTY. Prosecution Services are defined in Section No. 4 hereinafter. It is the intent of the
PARTIES that Prosecution Services to be provided by PROSECUTOR will be consistent with
CITY'S Council/Manager form of government provided for in chapter 35A.13 RCW.
SECTION NO. 2: DURATION
This Agreement shall commence at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M.
December 31, 2004, unless one or all of the PARTIES provide notice of termination as further
described in Sections No. 5 and 10 of this Agreement.
SECTION NO. 3: COST OF SERVICES AND PAYMENTS
CITY shall pay COUNTY the actual costs for Prosecution Services provided under this Agreement.
The estimated cost for Prosecution Services under this Agreement for 2003 shall be as follows:
1. $248,484 for Prosecution of misdemeanor and gross misdemeanors;
2. $23,137.50 for infractions occurring in CITY; and
3. $78.76 per hour for Prosecution of violations of CITY misdemeanor zoning and /or animal
control ordinances.
CITY'S estimated cost was arrived at by using those methodologies set forth in Attachment "A,"
attached hereto and incorporated herein by reference.
The PARTIES agree to use those same methodologies contained in Attachment "A" to arrive at
the estimated costs for calendar year 2004 Prosecution Services. The PARTIES recognize that
the costs will more than likely increase in 2004. For instance, Deputy Prosecuting Attorneys
and/or support staff may receive salary adjustments by the BOARD or the maintenance and
operation expenses of PROSECUTOR'S office may increase. These increases or potential
decreases will be reflected in the figures used in the methodologies for calculating the CITY'S
2004 estimated costs. Additionally, the methodologies will use the Spokane County Geo- Coded
Page 2 of 9
Analysis Report ("Report "). This Report tracts the actual number of cases falling within category
1 or 2 herein above.
At the end of calendar year 2003 and calendar year 2004, using actual maintenance and operations
expenditures ( "M &O ") as well as actual numbers in the Report for each year, COUNTY and CITY
will each determine respectively whether or not the estimated M &O numbers and percentage
number used as the basis for calculating costs for Item No. 1 and 2 above were accurate. To the
extent that CITY was over billed in any year, it will receive a credit to be applied as mutually
agreed. If CITY was under billed, it will receive a debit in the subsequent billing. The adjustment
will normally take place in March of the year following the year Prosecution Services were
performed. For the purpose of this Agreement, the terminology M &O shall have the same meaning
as set forth in the BARS manual adopted by the State of Washington under chapter 4188 RCW.
COUNTY will bill CITY for the cost of services as outlined, monthly, during the first week of the
month. Monthly payments will based by dividing those costs set forth herein above for ltcm No. 1
and 2 by nine (9) and actual costs for Item No. 3. Payments by CITY will be due by the 5 day of
the following month. At the sole option of COUNTY, a penalty may be assessed on any late
payment by CITY based on lost interest earnings had the payment been timely paid and invested in
the Spokane County Treasurer's Investment Pool.
SECTION NO. 4: SERVICES PROVIDED
4.1 Base Services - For the purpose of this Agreement, Prosecutor Services shall include
prosecution of violations of state statutes that are punishable as misdemeanor or gross
misdemeanor offenses that occur within CITY'S jurisdiction and that are committed by
adults as well as any appeals to Superior Court, Washington State Court of Appeal, or
Washington State Supreme Court. PROSECUTOR retains sole prosecutorial discretion in
conjunction with providing Prosecutor Services under the terms of this Agreement from
charging decisions through complete disposition of the case, including appeals to Superior
Court, Washington State Court of Appeals, or Washington State Supreme Court. Provided,
however, CITY may take over prosecution of any misdemeanor case upon written
notification to PROSECUTOR. PROSECUTOR agrees to represent CITY only in contested
traffic infractions. PROSECUTOR. also agrees, when requested, to represent CITY with
respect to criminal violations of its zoning ordinances and/or animal control ordinances at the
hourly rate set forth above. PROVIDED, such representation shall not include challenges to
the constitutionality ()laxly zoning ordinance or animal control ordinance.
4.3 Enhanced Services - CITY hereby agrees to pay for Enhanced Prosecution Services
separately. Enhanced Prosecution Services include unique circumstances not contemplated
by the PARTIES at the time the estimated costs were set for any calendar year, such as
enhanced prosecution of a particular crime, mass arrests and/or requests for prosecution of
rioters and/or protestors. PROSECTUOR will advise the CITY Manager as soon as possible
of the likelihood enhanced prosecution services. CITY will pay PROSECUTOR all actual
costs for Enhanced Prosecution Services. PROSECUTOR will keep time records for all such
Page 3 of 9
costs. Billings for Enhanced Prosecution Services will occur along with the monthly billing
for Base Services in accordance with Section No. 3 hereinabove.
CITY agrees to direct its Police Chief to take appropriate action to insure police officers and CiTY
staff are available at no cost to PROSECUTOR for all trials or judicial proceedings where
PROSECUTOR determines their presence necessary.
All misdemeanor, gross misdemeanor, zoning and/or animal control services to be provided by
PROSECUTOR in courts under the terms of this Agreement shall be provided in courts located
within the Spokane County Courthouse Complex. All traffic infraction services to be provided by
PROSECUTOR in courts under the terms of this Agreement shall be provided in either courts
located within the Spokane County Courthouse Complex or courtroom(s) in the Spokane Valley
precinct. In the event CITY requests such court services be provided at a location other than that
provided for herein, the PARTIES agree to meet and mutually negotiate any and all
increased /decreased costs to PROSECUTOR in providing such court services at such additional
location(s). CITY further recognizes that a change in working location is a change in "working
conditions." PROSECUTOR will need to negotiate changes in working locations with affected
bargaining units.
PROSECUTOR or his designee agrees to attend staff meetings as requested by the CITY Manager.
PROSECUTOR or his designee further agrees to nieet upon request by the CITY Manager or
his/her designee to discuss any Prosecution Service provided under the terms of this Agreement.
CITY agrees PROSECUTOR will use PROSECUTOR'S stationary in conjunction with providing
Prosecution Services under the terms of this Agreement.
SECTION NO. 5: NOTICE
All notices or other conununication.s given hereunder shall be deemed given on: (1) the day such
notices or other communications are received when sent by personal delivery; or (ii) the third day
following the day on which the same have been nailed by first class delivery, postage prepaid
addressed to COUNTY at the address set forth below for such Party, or at such other address as
COUNTY shall from time -to -time designate by notice in writing to the other PARTIES:
COUNTY:
PROSECUTOR: Steven J. Tucker
Spokane County Prosecuting Attorney's Office
1100 West Mallon
Spokane, Washington 99260
Page 4 of 9
Spokane County Chief Executive Officer or his/her authorized representative
1116 West Broadway Avenue
Spokane, Washington 99260
CITY:
SECTION NO. 6: REPORTING
City of Spokane Valley City Manager or his/her authorized representative
Redwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
PROSECUTOR shall provide a mutually acceptable quarterly report to CITY that will contain
information relating to Prosecution Services performed during the preceding quarter.
PROSECUTOR will make available to CITY upon request copies of any Spokane County Geo-
Coded Analysis Report ( "Report ").
SECTION NO. 7: COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which, when so executed
and delivered, shall be an original, but such counterparts shall together constitute but one and the
same.
SECTION NO. 8: ASSIGNMENT
No party may assign in whole or part its interest in this Agreement without the written approval of
all other PARTIES. Provided, however, CITY agrees that in instances of conflict, PROSECUTOR
may appoint special deputies as provided for in RCW 3627.040 at no additional cost to CITY.
SECTION NO. 9: DEPUTY PROSECUTOR ASSIGNMENT, RETENTION, DISCIPLINE,
AND HIRING.
PROSECUTOR shall hire, assign, retain and discipline all employees performing Prosecution
Services under this Agreement according to collective bargaining agreements and applicable state
and federal laws.
PROSECUTOR agrees to meet and confer with CITY with respect to staff that is assigned to
provide Prosecution Services. Issues of discipline or performance will be specifically handled
according to PROSECUTOR policies.
SECTION NO. 10: LIABILITY
(a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or
any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of
any nature whatsoever, by any reason of or arising out of any negligent act or omission of
COUNTY, its officers, agents and employees, or any of them relating to or arising out of
performing services pursuant to this Agreement. in the event that any suit based upon such claim,
action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost
and expense; provided that CITY reserves the right to participate in said suit if any principle of
governmental or public law is involved; and if final judgment in said suit be rendered against CITY,
Page 5 of 9
and its officers, agents, and employees, or any of them, or jointly against CITY and COUNTY and
their respective officers, agents, and employees, COUNTY shall satisfy the same.
(b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees, or
any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of
any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its
officers, agents and employees, or any of them relating to or arising out of performing services
pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or
damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense;
provided that COUNTY reserves the right to participate in said suit if any principle of
governmental or public law is involved; and if final judgment in said suit be rendered against
COUNTY, and its officers, agents, and employees, or any of them, or jointly against COUNTY and
CITY and their respective officers, agents, and employees, CITY shall satisfy the same.
(c) The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity
under Washington's Industrial Insurance Act, Chapter 51 ROW, respecting the other party only, and
only to the extent necessary to provide the indemnified party with a full and complete indemnity of
claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions
were specifically negotiated and agreed upon by them.
(d) COUNTY and CiTY agree to either self insure or purchase polices of insurance covering the
matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with
$5,000,000 aggregate limits including for PROSECUTOR deputies professional liability and auto
liability coverages.
SECTION NO. 11: RELATIONSHIP OF THE PARTIES
The PARTIES intend that an independent contractor relationship will be created by this Agreement.
No agent, employee, servant or representative of COUNTY shall be deemed to be an employee,
agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or
representative of CITY shall be deemed to be an employee, agent, servant or representative of
COUNTY for any purpose.
SECTION NO. 12: MODIFICATION/WITHDRAWAL
This Agreement may be modified in writing by mutual written agreement of the PARTIES.
Any Party may withdraw from this Agreement upon a minimum of 90 days written notice to the
other PARTIES.
Upon withdrawal, CITY shall be obligated to pay for only those Prosecution Services rendered
prior to the date of withdrawal based upon a pro rata division of those costs set forth in Section No.
3 for items 1 and 2 listed therein. Item 3 shall be based on actual hours for which that service was
provided.
Page 6 of 9
The withdrawal of CITY from this Agreement or end of the term shall not impose a requirement on
PROSECUTOR to provide for the funding or handling of cases addressed by this Agreement that
are filed after the effective date of withdrawal or termination.
Upon withdrawal or termination, at CITY'S option and at no cost to CITY, PROSECUTOR shall
continue to provide services to completion for those cases filed prior to the effective date of the
withdrawal.
SECTION NO. 13: PROPERTY AND EQUIPMENT
The ownership of all property and equipment utilized in association with CITY cases shall remain
with the original owner, unless specifically and mutually agreed by the PARTIES to this
Agreement.
SECTION NO. 14: ALL WRITINGS CONTAINED HERE1NBINDING EFFECT
This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree
that there are no other understandings, oral or otherwise, regarding the subject matter of this
Agreement. No changes or additions to this Agreement shall be valid or binding upon the
PARTIES unless such change or addition is in writing, executed by the PARTIES.
This Agreement shall be binding upon the PARTIES hereto, their successors and assigns.
SECTION NO. 15: DISPUTE RESOLUTION
Any dispute among the PARTIES with respect to the methodologies used to calculate the 2004
costs of Prosecution Services under the terns of this Agreement or the Report numbers referenced
in Section 3 herein, which cannot be, resolved between/among the applicable PARTIES shall be
subject to binding arbitration.
The PROSECUTORICOUNTY acting as one party and CITY a party shall have the right to
designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly
select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and
not subject to judicial review.
The costs of the arbitration panel shall be jointly split between the PARTIES involved in the
arbitration.
SECTION NO. 16: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered within the
State of Washington and it is mutually understood and agreed by each party that this Agreement
shall be governed by the laws of the State of Washington both as to interpretation and
performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this
Page 7 of 9
Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction
within Spokane County, Washington.
SECTION NO. 17: SEVERAJIILITY
It is understood and agreed among the PARTIES that if any parts, terms or provisions of this
Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions
shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard
to the remainder of the Agreement. if it should appear that any part, term or provision of this
Agreement is in conflict with any statutory provision of the State of Washington, then the part, term
or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as
it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such
statutory provision.
SECTION NO. 18: RECORDS
All public records prepared, owned, used or retained by PROSECTUOR in conjunction with
providing Prosecution Services under the terms of this Agreement shall be deemed CiTY property
and shall be made available to C1TY upon request by the CITY Manager subject to the attorney
client and work product privileges set forth in statue, court rule or case law. PROSECUTOR will
notify CITY of any public disclosure request under chapter 42.17 RCW for copies or viewing of
such records as well as the PROSECUTOR'S response thereto.
SECTION NO. 19: ASSURANCE
COUNTY and PROSECUTOR represent and assure CiTY that no other city or town will receive
more favored treatment in receipt of Prosecution Services than that made available to the CITY for
similar services.
SECTION NO. 20: HEADINGS
The section headings appearing in this Agreement have been inserted solely for the purpose of
convenience and ready reference. In no way do they purport to, and shall not be deemed to
define, limit or extend the scope or intent of the sections to which they pertain.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on
date and year opposite their respective signatures.
DATED: SPOKANE COUNTY
PROSECUTING ATTORNEY:
Page 8 of 9
STEVEN J. TUCKER
DATED: BOARD OF COUNTY COMMISSIONERS
OF SPOKANE, COUNTY, WASHINGTON
ATTEST:
VICKY M. DAL TON
CLERK OF THE BOARD
BY:
Attest:
Approved as to form only:
Acting City Attorney
Ii :1Valley City\Draft Conlracis \Prosecutorlprosecution services valley 031003- final.doe
Page 9 of 9
JOHN ROSKELLEY, Y, Chair
PHILLIP D. HARRIS, Vice -Chair
Daniela Erickson, Deputy M. KATE MCCASLfN
DATED: CI'T'Y OF SPOKANE VALLEY:
By:
Its:
City Clerk (Title)
Spokane County Prosecutor's Methodology for Calculating
City of Spokane Valley Prosecution Services
When using the cumulative amount over the last three years the anticipated
amount of misdemeanor work generated by the new Valley City equals
32.27% of the Spokane County Prosecutor's misdemeanor budget.
The general misdemeanor budget does not include the Infraction Budget.
Spokane County Total Misdemeanor. Budget for 2003 $ 1,026,687.08
This includes:
8 Misdemeanor Deputies
9.7 Direct support Staff
8 /59'ths Chief Criminal Dep.
Allocation of Co. Prosecutor
8 /70'ths of Dept. Admin. Staff
Total Salaries and Benefits
Page lof 5
$ 510,647.00
$ 340,619.10
$ 14,497.90
$ 5,677.88
$ 21,742.40
$ 893,184.28
Total Misd. M&O + $ 56,421.00
Tot. Indirect Costs@ 8.63% + $ 77,081.80
= $ 1,026,687.08
ATTACHMENT "A"
Spokane County Prosecutor Infraction Budget
INFRACTIONS
S 87,023
INFRACTION BUDGET
Spokane County Prosecutor Budget for Infractions
% Of Infractions occurring in the new Valley City
= 35.45%
Total Budget
Amount
$ 87,023
$ 30,850*
*This number represents a 12 month infraction budget. April 1, 2003 through December
31, 2003 would be $23,137.50.
Page 2of 5
2000
First 6 months
2001
12 Month AVG.
Number of County
Infractions cases received
from the Sheriff's Office
24,507
12,981
24,992
Valley Infractions from
Sheriff
8,750
4,540
8,860
Valley % of All
Infractions
35.70%
34.97%
35.45%
Spokane County Prosecutor Infraction Budget
INFRACTIONS
S 87,023
INFRACTION BUDGET
Spokane County Prosecutor Budget for Infractions
% Of Infractions occurring in the new Valley City
= 35.45%
Total Budget
Amount
$ 87,023
$ 30,850*
*This number represents a 12 month infraction budget. April 1, 2003 through December
31, 2003 would be $23,137.50.
Page 2of 5
Attorney: Cordts $53,053.00
Supervisor: O'Brien $11,857.00 12.50% $ 94,859.00 1/8
Paralegal: Vitale $ 4,462.00 10.00% $ 44,619.00
Administration: $ 4,245.00 1.43% $297,168.00 1/70
M &O $7,053.00 2.08% $338,526.00 1/48 •
Indirect Cost @ .0853 $6,353.00
(to salaries & wages)
Pagc 3of 5
2003 INFRACTION BUDGET
Salaries & Benefits $73,617.00
TOTAL, BUDGET $87,023.00
(Note: Numbers are rounded off.)
MISDEMEANOR BUDGET
BREAKDOWN
CUMULATIVE TOTAL
2000, 2001, 2002
Avg. #
of Cases
Cum.
Totals
% Of
Total
Budget
Total
Budget
Amount
8036
100%
1.,026,687
LESS:
Budget for WSP Cases
2666
33.17%
340,552
Other Agencies (Airport, DNR etc.)
532
6.62%
67,967
** Sheriff. Cases outside New City
2245
27.94%
286,856
** Sheriff Cases inside New City
2593
32.27%
331,312 * **
** These numbers are derived from the Spokane County Sheriff's Gco -Coded Analysis
Report. The percentage of charges in the Gco -Coded Summary is then applied to the
actual cases within our office.
* * * This number represents a 12 month misdemeanor budget. April 1, 2003 through
December 31, 2003 would be $248,484.
Page 4of 5
COSTS FOR PROSECUTION OF CITY MISDEMEANOR ZONING
AND /OR ANIMAL CONTROL ORDINANCES
Spokane County Civil Dept
Valley Charges
Hourly rate 2003 Atty2 S3 $29.28
Benefits 6.13 $57,098 $69,045.44 0.209234
Hourly rate salary & benefits 35.41
M &O allocation 1/48 2.08%
total M &O $338,526.00
M &O allocation $7,052.63
annual paid hours $1,950.00
3.62
Indirect cost allocation 8.63% 3.06
TOTAL ATTORNEY COST PER HOUR $42.09
Salary Salary + Benefit
Benefits Rate
Hourly rate 2003 paralegal2 S7 $18.31
Benefits 6.35 $35,706 $48,094 0.346944
Hourly rate salary & benefits
Indirect cost allocation
TOTAL PARALEGAL COST PER HOUR
24.66
8.63% 2.13
$26.79
ATTORNEY AND PARALEGAL COST PER HOUR S68.88*
INC'L M&O AND INDIRECT COST ALLOCATION
*This hourly rate may change depending upon the seniority of the Deputy Prosecuting Attorney
handling the prosecution.
Page Sof 5
03/11/2003 07:22 FAX 509 477 3672
STEVEN J. TUCKER
PROSECUTING ATTORNEY
Please FA.X to: Ruth Muller, City Clerk
FAX. Phone No: (509) 921 -1008
0
Criminal Department
PSB-1
1100 W. Mallon Avenue
Spokane, WA 99260-0270
(509) 477 -3662 FAX 4713409
0
Civil Department
S&T
1115 W. Broadway
Spokane. WA 9916n-0270
(509)47.5764 FAX:477-3672
SPOK CO PA CIVIL
OM CE OF PROS$CUTLN G ATTORNEY
March 11, 2003
From: James P. Emacio
Chief Civil Deputy Prosecuting Attorney, Civil Division
Spokane County Prosecuting Attorney's Office
Telephone No.: (509) 477 -5764
FAX Phone No.: (509) 477 -3672
Re: Final Prosecutor Jnterlocal Agreement
Damestic Violence Unit
PS0.1
901 td Monroe Suite 200
Spokane, WA 99201
(509) 015 45oo FAX:335-4552
RECEV ED
MAR 1 2
City of Spokane Valley
Pages 16
***: a******* ** * **************************** * * * * * * ** * ** * * * * * * * * * * *4'* ** * * * **
**•s * * **0* *'s * *st * +••e• * *• tau• *s ******* .•• s*• s* u***** * * *a *•* *a * *sr• *s *s * *r *is *•a ** ** *tart * **** * * * *s
I there are any questions regarding the message sent, please contact Tamara, Civil Department, Prosecuting
Attorney's Office 477 -5764.
NOTICE: The information contained in this transmission is privileged and confidential. It is intended for the use of the
individual or entity named above. If the reader of this message is not the intended addressee, the reader is herby
notified that any consideration, dissemination or duplication of this communication is strictly prohibited. If the addressee
has received this communication in error, please return to the above address by mail and notify this office immediately
by telephone. Thank you.
WARNING: Most Fax machines produce copies on thermal paper. The image produced is highly unstable and
will deteriorate significantly in a few years. This record should be copied on a plain paper copier prior to filing as
a record.
0
Drug /Property Department
1'$ti -1 •
721 N. Jefferson
Spokane, WA 99260 -0270
(509) 477 -6416 FAX: 477-6450
(j 001
MALL'ID:
Civil DivikiOn
MAIL STOP S&T
1116 W. Broadway Avenue
Spokane, WA 99260-0270
(509) 477-5764 FAX: 477 -3672
. ❑
Juvenile Departn ent
]S0-L
1208 W. Mallon Avenue
Spokane, WA 99260 -0270
(509) 477.6046 FAX: 477 -6444
03/11/2003 07:23 FAX 509 477 3672 SPOK CO PA CIVIL ej 002
Emacio, James
To: Iwalton @spokanevalley.org; smcnutt @spokanevalley.org; rmuller @spoknevalley.org;
sws@wkdtlaw.com
Cc: Tucker, Steve; Kurbitz, Debby; McCaslin, Kate; Parnell, Marshall
Subject: Prosecutor Interlocal
Lee and Stan:
Attached is the final Prosecutor Agreement. R includes the changes which we discussed at Thursdays meeting. I will
have a hard copy faxed to Ruth.
Jim
prosecution pa attachmentdoc
services valley 03...
1
03/11/2003 07:23 FAX 509 477 3672 SPOK CO PA CIVII,. @1003
Return to:
Daniela Erickson
Clerk of the Board
1116 West Broadway
Spokane, Washington 99260
IN'TERLOCAL AGREEMENT FOR PROSECUTION SERVICES
IN THE CITY OF SPOKANE VALLEY
(April 1, 2003- December 31, 2004)
THIS AGREEMENT, made and entered into by and among the Spokane County
Prosecuting Attorney, having offices for the transaction of business at 1100 West Mallon,
Spokane, Washington 99260, hereinafter referred to as "PROSECUTOR," Spokane County,
having offices for the transaction of business at 1116 West Broadway Avenue, Spokane,
Washington 99260, hereinafter referred to as "BOARD," together sometimes referred to along with
the PROSECUTOR as "COUNTY," and the City of Spokane Valley, a municipal corporation of
the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707
East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as
"CITY," jointly hereinafter referred to as the "PARTIES."
WITNESSETH:
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners has the care of County property and the management of County funds and business;
and
WHEREAS, pursuant to chapter 35,02 RCW, the City of Spokane Valley established
midnight, March 31, 2003, as its official date of incorporation and upon that date will commence
operations as a city; and
WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local
governmental authority and jurisdiction with respect to the newly incorporated area will transfer
from Spokane County to the City of Spokane Valley; and
WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and
cities to contract with each other to perform certain functions which each may legally perform; and
WHEREAS, pursuant to the provisions of R.CW 39.34.180, the City of Spokane Valley is
responsible for the costs incident to prosecution of misdemeanor and gross misdemeanor offenses
that occur within its jurisdiction and that are committed by adults; and
Page 1 of 9
03/11/2003 07:23 FAX 509 477 3672
WHEREAS, the City of Spokane Valley desires to utilize the services of the Spokane
County Prosecuting Attorney for the purpose of prosecuting cases where the initial charge is (i) an
infraction; and/or (ii) a violation of a state statute punishable as a misdemeanor or gross
misdemeanor offense committed by an adult; and/or (iii) a violation of a City of Spokane Valley
zoning/animal control ordinance punishable as a misdemeanor, all of which occur within the
jurisdiction of the City of Spokane Valley and which are forwarded to the Spokane County
Prosecutor, hereinafter referred to as "Prosecution Services."
NO'W THEREFORE for and in consideration of the mutual promises set forth hereinafter
and as provided for in the above- referenced recitals, the PARTIES do hereby agree as follows:
SECTION NO. 1: PURPOSE
The purpose of this Agreement is to reduce to writing the PARTIES' understanding as to the terms
and conditions under which PROSECUTOR will provide "Prosecution Services" on behalf of
CITY. Prosecution Services are defmcd in Section No. 4 hereinafter. It is the intent of the
PARTIES that Prosecution Services to be provided by PROSECUTOR will be consistent with
CITY'S CouncilManager form of government provided for in chapter 35A.13 RCW.
SECTION NO. 2: DURATION
This Agreement shall commence at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M.
December 31, 2004, unless one or all of the PARTIES provide notice of termination as further
described in Sections No. 5 and 10 of this Agreement.
SECTION NO. 3: COST OF SERVICES AND PAYMENTS
SPOK CO PA CIVIL F1004
CITY shall pay COUNTY the actual costs for Prosecution Services provided under this Agreement.
The estimated cost for Prosecution Services under this Agreement for 2003 shall be as follows:
1. $248,484 for Prosecution of misdemeanor and gross misdemeanors;
2. $23,137.50 for infractions occurring in CITY; and
3. $78.76 per hour for Prosecution of violations of CITY misdemeanor zoning and/or animal
control ordinances.
CITY'S estimated cost was arrived at by using those methodologies set forth in Attachment "A,"
attached hereto and incorporated herein by reference.
The PARTIES agree to use those same methodologies contained in Attachment "A" to arrive at
the estimated costs for calendar year 2004 Prosecution Services. The PARTIES recognize that
the costs will more than likely increase in 2004. For instance, Deputy Prosecuting Attorneys
and/or support staff may receive salary adjustments by the BOARD or the maintenance and
operation expenses of PROSECUTOR'S office may increase. These increases or potential
decreases will be reflected in the figures used in the methodologies for calculating the CITY'S
2004 estimated costs. Additionally, the methodologies will use the Spokane County Geo -Coded
Page 2 of 9
03/11/2003 07:24 FAX 509 477 3672 SPOK CO PA CIVIL
Analysis Report ( "Report"). This Report tracts the actual number of cases falling within category
1 or 2 herein above.
At the end of calendar year 2003 and calendar year 2004, using actual maintenance and operations
expenditures ( "M &O ") as well as actual numbers in the Report for each year, COUNTY and CITY
will each determine respectively whether or not the estimated M &O numbers and percentage
number used as the basis for calculating costs for Item No. 1 and 2 above were accurate. To the
extent that CITY was over billed in any year, it will receive a credit to be applied as mutually
agreed. If CITY was under billed, it will receive a debit in the subsequent billing. The adjustment
will normally take place in March of the year following the year Prosecution Services were
performed. For the purpose of this Agreement, the terminology .M &O shall have the same meaning
as set forth in the BARS manual adopted by the State of Washington under chapter 43.88 RCW.
COUNTY will bill CITY for the cost of services as outlined, monthly, during the first week of the
month. Monthly payments will based by dividing those costs set forth herein above for Item No. 1
and 2 by nine (9) and actual costs for item No. 3. Payments by CITY will be due by the 5 day of
the following month. At the sole option of COUNTY, a penalty may be assessed on any late
payment by CITY based on lost interest earnings had the payment been timely paid and invested in
the Spokane County Treasurer's Investment Pool.
SECTION NO. 4: SERVICES PROVIDED
4.1 Base Services - For the purpose of this Agreement, Prosecutor Services shall include
prosecution of violations of state statutes that are punishable as misdemeanor or gross
misdemeanor offenses that occur within CITY'S jurisdiction and that are committed by
adults as well as any appeals to Superior Court, Washington State Court of Appeal, or
Washington State Supreme Court. PROSECUTOR retains sole prosecutorial discretion in
conjunction with providing Prosecutor Services under the terms of this Agreement from
charging decisions through complete disposition of the case, including appeals to Superior
Court, Washington State Court of Appeals, or Washington State Supreme Court. Provided,
however, CITY may take over prosecution of any misdemeanor case upon written
notification to PROSECUTOR. PROSECUTOR agrees to represent CITY only in contested
traffic infractions. PROSECUTOR also agrees, when requested, to represent CITY with
respect to criminal violations of its zoning ordinances and/or animal control ordinances at the
hourly rate set forth above. PROVIDED, such representation shall not include challenges to
the constitutionality of any zoning ordinance or animal control ordinance.
4.3 Enhanced Services - CITY hereby agrees to pay for Enhanced Prosecution Services
separately. Enhanced Prosecution. Services include unique circumstances not contemplated
by the PARTIES at the time the estimated costs were set for any calendar year, such as
enhanced prosecution of a particular crime, mass arrests and/or requests for prosecution of
rioters and/or protestors. PROSECTUOR will advise the CITY Manager as soon as possible
of the likelihood enhanced prosecution services. CITY will pay PROSECUTOR all actual
costs for Enhanced Prosecution Services. PROSECUTOR will .keep time records for all such
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03/11/2003 07:25 1A_l 509 477 3672
SPOK CO PA CIVIL. EJ006
costs. Billings for Enhanced Prosecution Services will occur along with the monthly billing
for Base Services in accordance with Section No. 3 hereinabove.
CITY agrees to direct its Police Chief to take appropriate action to insure police officers and CITY
staff are available at no cost to PROSECUTOR for all trials or judicial proceedings where
PROSECUTOR determines their presence necessary.
All misdemeanor, gross misdemeanor, zoning and/or animal control services to be provided by
PROSECUTOR in courts under the terms of this Agreement shall be provided in courts located
within the Spokane County Courthouse Complex. All traffic infraction services to be provided by
PROSECUTOR in courts under the terms of this Agreement shall be provided in either courts
located within the Spokane County Courthouse Complex or courtroom(s) in the Spokane Valley
precinct. In the event CITY requests such court services be provided at a location other than that
provided for herein, the PARTIES agree to meet and mutually negotiate any and all
increased /decreased costs to PROSECUTOR in providing such court services at such additional
location(s). CITY further recognizes that a change in working location is a change in "working
conditions." PROSECUTOR will need to negotiate changes in working locations with affected
bargaining units.
PROSECUTOR or his designee agrees to attend staff meetings as requested by the CITY Manager.
PROSECUTOR or his designee further agrees to meet upon request by the CITY Manager or
his/her designee to discuss any Prosecution Service provided under the terms of this Agreement.
CITY agrees PROSECUTOR will use PROSECUTOR'S stationary in conjunction with providing
Prosecution Services under the terms of this Agreement.
SECTION NO. 5: NOTICE
All notices or other communications given hereunder shall be deemed given on: (1) the day such
notices or other communications are received when sent by personal delivery; or (ii) the third day
following the day on which the same have been mailed by first class delivery, postage prepaid
addressed to COUNTY at the address set forth below for such Party, or at such other address as
COUNTY shall from time -to -time designate by notice in writing to the other PARTIES:
COUNTY:
Page 4 of 9
Spokane County Chief Executive Officer or his/her authorized representative
1116 West Broadway Avenue
Spokane, Washington 99260
PROSECUTOR: Steven J. Tucker
Spokane County Prosecuting Attorney's Office
1100 West Mallon
Spokane, Washington 99260
03/11/2003 07:25 FAX 509 477 3672 SPOK CO PA CIVIL
CITY
SECTION NO. 6: REPORTING
City of Spokane Valley City Manager or his /her authorized representative
Redwood Plan
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
PROSECUTOR shall provide a mutually acceptable quarterly report to CITY that will contain
information relating to Prosecution Services performed during the preceding quarter.
PROSECUTOR will make available to crry upon request copies of any Spokane County Geo-
Coded Analysis Report ( "Report").
SECTION NO. 7: COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which, when so executed
and delivered, shall be an original, but such counterparts shall together constitute but one and the
same.
SECTION NO. 8: ASSIGNMENT
J007
No party may assign in whole or part its interest in this Agreement without the written approval of
all other PARTIES. Provided, however, CITY agrees that in instances of conflict, PROSECUTOR
may appoint special deputies as provided for in RCW 36.27.040 at no additional cost to CITY.
SECTION NO. 9: DEPUTY PROSECUTOR ASSIGNMENT, RETENTION, DISCIPLINE,
AND HIRING.
PROSECUTOR shall hire, assign, retain and discipline all employees performing Prosecution
Services under this Agreement according to collective bargaining agreements and applicable state
and federal laws.
PROSECUTOR agrees to meet and confer with C1TY with respect to staff that is assigned to
provide Prosecution Services. issues of discipline or performance will be specifically handled
according to PROSECUTOR policies.
SECTION NO. 10: LIABILITY
(a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or
any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of
any nature whatsoever, by any reason of or arising out of any negligent act or omission of
COUNTY, its officers, agents and employees, or any of them relating to or arising out of
performing services pursuant to this Agreement. In the event that any suit based upon such claim,
action, loss, or damages is brought against C1TY, COUNTY shall defend the same at its sole cost
and expense; provided that CITY reserves the right to participate in said suit if any principle of
governmental or public law is involved; and if final judgment in said suit be rendered against CITY,
Page 5 of 9
03/11/2003 07:25 FAX 509 477 3672 SPOK CO PA CIVIL
Zeus
and its officers, agents, and employees, or any of them, or jointly against CITY and COUNTY and
their respective officers, agents, and employees, COUNTY shall satisfy the same.
(b) CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees, or
any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of
any nature whatsoever, by any reason of or arising out of any negligent act or omission of CITY, its
officers, agents and employees, or any of them relating to or arising out of performing services
pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or
damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense;
provided that COUNTY reserves the right to participate in said suit if any principle of
governmental or public law is involved; and if final judgment in said suit be rendered against
COUNTY, and its officers, agents, and employees, or any of them, or jointly against COUNTY and
Ctl'Y and their respective officers, agents, and employees, CITY shall satisfy the same.
(c) The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity
under Washington's Industrial Insurance Act, Chapter 51 RCW, respecting the other party only, and
only to the extent necessary to provide the indemnified party with a full and complete indemnity of
claims made by the indcmnitor's employees. The PARTIES acknowledge that these provisions
were specifically negotiated and agreed upon by them.
(d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the
matters contained in this Agreement with coverages of not less than S5,000,000 per occurrence with
$5,000,000 aggregate limits including for PROSECUTOR deputies professional liability and auto
liability coverages.
SECTION NO. 11: RELATIONSHIP OF THE PARTIES
The PARTIES intend that an independent contractor relationship will be created by this Agreement.
No agent, employee, servant or representative of COUNTY shall be deemed to be an employee,
agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or
representative of CITY shall be deemed to be an employee, agent, servant or representative of
COUNTY for any purpose.
SECTION NO. 12: MODIFICATION/WITHDRAWAL
This Agreement may be modified in writing by mutual written agreement of the PARTIES.
Any Party may withdraw from this Agreement upon a minimum of 90 days written notice to the
other PARTIES.
Upon withdrawal, CITY shall be obligated to pay for only those Prosecution Services rendered
prior to the date of withdrawal based upon a pro rata division of those costs set forth in Section No.
3 for items 1 and 2 listed therein. Item 3 shall be based on actual hours for which that service was
provided.
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03/11/2003 07:26 FAX 503 477 3672 SPOK CO PA CIVIL
This Agreement shall be binding upon the PARTIES hereto, their successors and assigns.
SECTION NO. 15: DISPUTE RESOLUTION
SECTION NO. 16: VENUE STIPULATION
Page 7 of 9
2009
The withdrawal of CITY from this Agreement or end of the term shall not impose a requirement on
PROSECUTOR to provide for the funding or handling of cases addressed by this Agreement that
are filed after the effective date of withdrawal or termination.
Upon withdrawal or termination, at CITY'S option and at no cost to CITY, PROSECUTOR shall
continue to provide services to completion for those cases filed prior to the effective date of the
withdrawal.
SECTION NO. 13: PROPERTY AND EQUIPMENT
The ownership of all property and equipment utilized in association with CITY cases shall remain
with the original owner, unless specifically and mutually agreed by the PARTIES to this
Agreement.
SECTION NO. :14: ALL WRITINGS CONTAINED HEREIN/BINDING EFFECT
This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree
that there are no other understandings, oral or otherwise, regarding the subject matter of this
Agreement. No changes or additions to this Agreement shall be valid or binding upon the
PARTIES unless such change or addition is in writing, executed by the PARTIES.
Any dispute among the PARTIES with respect to the methodologies used to calculate the 2004
costs of Prosecution Services under the terms of this Agreement or the Report numbers referenced
in Section 3 herein, which cannot be, resolved between/among the applicable PARTIES shall be
subject to binding arbitration.
The PROSECUTOR/COUNTY acting as one party and CITY a party shall have the right to
designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly
select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and
not subject to judicial review.
The costs of the arbitration panel shall he jointly split between the PARTIES involved in the
arbitration.
This Agreement has been and shall be construed as having been made and delivered within the
State of Washington and it is mutually understood and agreed by each party that this Agreement
shall be governed by the laws of the State of Washington both as to interpretation and
performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this
03/11/2003 07:26 FAX 509 477 3672 SPOK CO PA CIVIL Q010
Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction
within Spokane County, Washington.
SECTION NO. 17: SEVERABILITY
It is understood and agreed among the PARTIES that if any parts, terms or provisions of this
Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions
shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard
to the remainder of the Agreement. If it should appear that any part, teen or provision of this
Agreement is in conflict with any statutory provision of the State of Washington, then the part, term
or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as
it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such
statutory provision.
SECTION NO. 18: RECORDS •
All public records prepared, owned, used or retained by PROSECTUOR in conjunction with
providing Prosecution Services under the terms of this Agreement shall be deemed CITY property
and shall be made available to CITY upon request by the CITY Manager subject to the attomey
client and work product privileges set forth in statue, court rule or case law. PROSECUTOR will
notify CITY of any public disclosure request .under chapter 42.17 RCW for copies or viewing of
such records as well as the PROSECUTOR'S response thereto.
SECTION NO. 19: ASSURANCE
COUNTY and PROSECUTOR represent and assure CITY that no other city or town will receive
more favored treatment in receipt of Prosecution Services than that made available to the CITY for
similar services.
SECTION NO. 20: HEADINGS
The section headings appearing in this Agreement have been inserted solely for the purpose of
convenience and ready reference. In no way do they purport to, and shall not be deemed to
define, limit or extend the scope or intent of the sections to which they pertain.
IN WITNESS WF1rEREOF, the PARTIES have caused this Agreement to be executed on
date and year opposite their respective signatures.
DATED: SPOKANE COUNTY
PROSECUTING ATTORNEY:
Page 8 of 9
STEVEN J. TUCKER
03/1„1 /2003 07:27 FAX 509 477 3672 SI'OK CO PA CIVIL
DATED: BOARD OF COUNTY COMMISSIONERS
OF SPOKANE, COUNTY, WASHINGTON
ATTEST:
VICKY M. DALTON
CLERK OF THE BOARD
BY:
Danieia Erickson, Deputy
DATED:
Attest:
Approved as to form only:
Acting City Attorney
ItWolIcy City0rsft GsntractB\PrasecutoAiprosecutian services valley 031003-finnLdac
Page 9 of 9
JOHN ROSKEI.T.EY, Chair
PHILLIP D. HARRIS, Vice - Chair
M. KATE MCCASLI.N
CITY OF SPOKANE VALLEY:
By
Its:
City Clerk (Title)
03/11/2003 07:27 FAX 509 477 3672 SPOK CO PA CIVIL 0012
Spokane County Prosecutor's Methodology for Calculating
City of Spokane Valley Prosecution Services
When using the cumulative amount over the last three years the anticipated
amount of misdemeanor work generated by the new Valley City equals
32.27% of the Spokane County Prosecutor's misdemeanor budget.
The general misdemeanor budget does not include the Infraction Budget.
Spokane County Total Misdemeanor Budget for 2003 S 1
This includes:
8 Misdemeanor. Deputies
9.7 Direct support Staff
8 /59'ths Chief Criminal Dep.
Allocation of Co. Prosecutor
8 /70'ths of Dept. Admin. Staff
Total Salaries and Benefits
Page lof 5
$ 510,647.00
$ 340,619.10
$ 14,497.90
$ 5,677.88
$ 21,742.40
$ 893,184.28
Total Misd. M &O + $ 56,421.00
Tot. lndirect Costs@ 8.63% + $ 77,081.80
= $ 1,026,687.08
ATTACHMENT "A"
03/11/2003 07:27 FAX 509 477 3672 SPOK CO PA CLVTL. 0 013
Spokane County Prosecutor Infraction Budget
INFRACTIONS
$ 87,023
INFRACTION BUDGET
Spokane County Prosecutor Budget for Infractions
% Of Infractions occurring in the new Valley City
= 35.45%
Total Budget
Amount
$ 87,023
$ 30,850*
*This number represents a 12 month infraction budget. April 1, 2003 through December
31, 2003 would be $23,137.50.
Page 2of 5
2000
First 6 months
2001
12 Month AVG.
Number of County
Infractions cases received
from the Sheriffs Office
24,507
12,981
24,992
Valley Infractions from
Sheriff
8,750
4,540
8,860
V alley % of All
Infractions
35.70%
34.97%
35.45%
03/11/2003 07:27 FAX 509 477 3672 SPOK CO PA CLVTL. 0 013
Spokane County Prosecutor Infraction Budget
INFRACTIONS
$ 87,023
INFRACTION BUDGET
Spokane County Prosecutor Budget for Infractions
% Of Infractions occurring in the new Valley City
= 35.45%
Total Budget
Amount
$ 87,023
$ 30,850*
*This number represents a 12 month infraction budget. April 1, 2003 through December
31, 2003 would be $23,137.50.
Page 2of 5
03/11/2003 07:28 KA_X 509 477 3672 SPOK CO PA CIVIL 0,14
2003 INFRACTION BUDGET
Attorney: Cordts $53,053.00
Supervisor: O'Brien $11,857.00 12.50% S 94,859.00 1/8
Paralegal: Vitale $ 4,462.00 10.00% S 44,619.00
Adrninistration: $ 4,245.00 1.43% S297,168.00 1/70
Salaries & Benefits $73,617.00
M &O $7,053.00 2.08% $338,526.00 1/48
Indirect Cost @ .0853 $6,353.00
(to salaries & wages)
TOTAL BUDGET $87,023.00
(Note: Numbers are rounded off.)
Page 3of 5
MISDEMEANOR BUDGET
BREAKDOWN
CUMULATIVE TOTAL
2000 2001, 2002
Avg. #
of Cases
Cum.
Totals
% Of
Total
Budget
100%
Total
Budget
Amount
1,026,687
8036
LESS:
Budget for WSP Cases
2666
33.17%
340,552
Other Agencies (Airport, DNR etc.)
532
6.62%
67,967
** Sheriff Cases outside New Ci.
2245
27.94%
286,856
e i Sheriff Cases inside New City
2593
32.27%
331,312••«
03/11/2003 07:28 FAX 509 477 3872 SPOK CO PA CIVIL
** These numbers are derived from the Spokane County Sheriff's Geo -Coded Analysis
Report. The percentage of charges in the Gco -Coded Summary is then applied to the
actual cases within our office.
* ** This number represents a 12 month misdemeanor budget. April 1, 2003 through
December 31, 2003 would be $248,484.
e015
03/11/2003 07:28 FAX 509 477 3672 SPOK CO PA CIVIL 0 016
COSTS FOR PROSECUTION OF CITY MISDEMEANOR ZONING
AND /OR ANIMAL CONTROL ORDINANCES
Spokane County Civil Dept
Valley Charges
Hourly rate 2003
Benefits
Hourly rate salary & benefits
M &O allocation
total M &O
M &O allocation
annual paid hours
Indirect cost allocation
Atty2 S3
1/48
TOTAL ATTORNEY COST PER HOUR
Hourly rate 2003
Benefits
Page 5of 5
paralegal2
Hourly rate salary & benefits
Tndirect cost allocation
TOTAL PARALEGAL COST PER HOUR
2.08%
$338,526.00
$7,052.63
$1,950.00
35.41
3.62
8.63% 3.06
ATTORNEY AND PARALEGAL COST PER HOUR $68.88 *
INC'L M &O AND INDIRECT COST ALLOCATION
Salary Salary + Benefit
Benefits Rate
$29.28
6.13 $57,098 S69,045.44 0.209234
542.09
S7 $18.31
6.35 $35,706 $48,094 0.346944
24.66
8.63% 2.13
$26.79
*This hourly rate may change depending upon the seniority of the Deputy Prosecuting Attorney
handling the prosecution.
CITY OF SPOKANE VALLEY
REQUEST FOR COUNCIL ACTION
Agenda Bill No. - 2003 -065
DATE ACTION ] TITLE: Jury Management TYPE OF ACTION:
REQUESTED: services
March 6, 2003 - continued
March 13, 2003 Ordinance
APPROVED FOR
COUNCJL PACKET:
City Manager
Dept. Head
Attorney Approve
As To Form
ATTACHMENTS: Resolution
Interlocal agreement No. CO3-
13 Motion
X Other
SUBMITTED BY: Interim City Manager
STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Authorize execution by the City Manager
of Interlocal Agreement No. CO3 -13 with Spokane County for provision of jury management services.
DISCUSSION: This agreement has been in negotiation between the City of Spokane Valley staff and
Spokane County staff for several weeks. The City Council reviewed the draft agreement during the
February 27, 2003 study session. The proposed agreement has been drafted in accordance with the
provisions of state RCW 39.34 and provides for the City of Spokane Valley to utilize the services of the
Spokane County Superior Court for jury management services within the corporate boundaries of the
City of Spokane Valley. Action on this agreement was delayed from the March 6, 2003 meeting to
incorporate language modifications as agreed to by the County and City.
ALTERNATIVES: Establish a City municipal court and utilize City staff to perform all functions relating to
jury trials.
FISCAL IMPACT: Unknown; Spokane Valley responsible for payment of all costs associated with jury
trials.
Return to:
Daniela Erickson Spokane Valley Contract
Clerk of the Board No. CO3 -13
1116 West Broadway Approved:
Spokane, Washington 99260
INTERLOCAL AGREEMENT FOR COSTS INCIDENT
TO JURY MANAGEMENT SERVICES IN THE CITY OF SPOKANE VALLEY
(April 1, 2003- December 31, 2004)
THIS AGREEMENT, made and entered into by and among Spokane County, a
political subdivision of the State of Washington, having offices for the transaction of business at
1116 West Broadway, Spokane, Washington 99260, hereinafter referred to as "COUNTY," the
City of Spokane Valley, a municipal corporation of the State of Washington, having offices for
the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106,
Spokane Valley, Washington 99206, hereinafter referred to as "CITY" and Spokane County
Superior Court, having offices for the transaction of business at 1116 West Broadway,
Spokane, Washington 99260, hereinafter referred to as the "COURT," jointly hereinafter referred
to as the "PARTIES."
W I T NESSETH:
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Spokane County Board
of County Commissioners has the care of County property and the management of County funds
and business; and
WIIEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established
midnight, March 31, 2003, as its official date of incorporation and upon that date conunenced
operations as a city; and
WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local
governmental authority and jurisdiction with respect to the newly incorporated area transfers from
Spokane County to City of Spokane Valley; and
WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and
cities to contract with each other to perform certain functions which each may legally perform; and
Page 1 of 7
WHEREAS, Spokane County Superior Court maintains a Jury Management System; and
WHEREAS, the City of Spokane Valley will operate a Municipal Court in calendar year
2003 and 2004 and is desirous of using Spokane County Superior Court's Jury Management
System ( "System "); and
WHEREAS, in conjunction with the City of Spokane Valley's use of the System, the
City of Spokane Valley agrees to pay its fair share proportionate percentage of the administrative
costs for such System, to include (1) personnel, computer equipment/printer and supply costs; (2)
printing and postage costs; and (3) State Industrial Insurance costs. The City of Spokane Valley
also agrees to pay juror fees and mileage on a weekly basis, and parking costs on a quarterly
basis for cases attributable to CITY.
NOW, THEREFORE, for and in consideration of the mutual promises set forth
hereinafter, the PARTIES do mutually agree as follows:
SECTION NO. 1: PURPOSE
The purpose of this Agreement is to set forth the PARTIES understanding of the terms and
conditions under which COURT will provide Jury Management System ( "System ") services to the
CITY. For the purpose of this Agreement System is described as summoning, qualifying,
organizing, tracking, providing and compensating jury panels for CITY'S Municipal Court.
SECTION NO. 2: DURATION
This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M.
December 31, 2004, unless one or all of the PARTIES give notice of termination as provided for
in Section No. 5 and Section No. 10 of this Agreement.
SECTION NO. 3: COST OF SERVICES AND PAYMENTS
CITY shall pay COUNTY the actual costs for its use of the system in 2003 and 2004 as outlined
below.
A. Reimbursement. Costs of the System shall be comprised of two components, namely costs
for each jury panel requested and administrative costs for management of the System.
Costs for each jury panel requested shall be the actual costs to include jury fee, mileage and
all other costs directly attributable to the specific jury requested. These costs shall be the
responsibility of CITY once a jury is requested regardless of whether it is ever empanelled.
Administrative costs of the System shall include all costs incurred by COURT in
operating/providing the System for any calendar year to include: Item (1) personnel,
computer equipment/printer and supply costs; Item (2) printing and postage costs; and Item
(3) State Industrial Insurance costs. Personnel costs will include (i) all cost of living (COLA)
adjustments as authorized by COUNTY for persons proving the System and/or (ii) salary
increases. Any increase in any administrative costs will be reflected in the current years
costs.
Page 2 of 7
CITY'S share of the administrative costs under item (1) above will be calculated by taking
the total costs for item (1) for any calendar year and dividing it by the total number of jury
panels requested in Superior, District or Municipal Court by all users of the System. This
will provide a per jury panel administrative costs for Item (I). CITY will then pay this per
jury administrative costs for Item (1) for each jury panel it has requested.
CITY'S share of the administrative costs under item (2) shall be determined by using the
percentage of juror days served by Superior, District, and Municipal Courts in any calendar
year. CITY shall pay its proportionate share of such cost based on the number of juries
requested.
For the purpose of this Agreement the terminology "requested" shall mean Spokane County
District/Municipal Court contacting the Spokane Superior Court Administrator's Office and
alerting the Jury Coordinator that it needs a panel of jurors for a scheduled CiTY jury trial.
In circumstances where a CITY jury panel has been requested and the jurors have been
notified, the CITY will not be billed for the jury if the case is subsequently settled /resolved
so long as (i) the Spokane County District/Municipal Court timely advises the Superior Court
Administrator's Office and (ii) the Superior Court Administrator's Office is able to call off
the jurors or the jurors can be used for an alternate CITY jury trial or for a jury trial requested
by another public body which contracts with the COURT for Services.
CiTY'S share of the administrative costs under Item (3) above shall be determined by taking
the per hour juror rate which COURT pays for State Industrial Insurance and multiplying it
by the total number of juror hours for persons who served as jurors for CITY.
13. Paxment. COUNTY will invoice CITY for its actual use of the System on or before January
15' of 2004 and 2005 for the use of the System attributable to CITY cases in the preceding year.
Payment by CITY will be due thirty (30) days after receipt of COUNTY invoice. At the sole
option of COUNTY, a penalty may be assessed on any late payment by CITY based on lost
interest earnings had the payment been timely paid and invested in the Spokane County
Treasurer's Investment Pool.
SECTION NO. 4: SERVICES PROVIDED
COUNTY, through COURT, shall operate and provide the System to CITY. The System is
generally described as summoning, qualifying, organizing, tracking, providing and
compensating, jury panels for CITY'S Municipal Court.
SECTION NO. 5: NOTICE
All notices or other communications given hereunder shall be deemed given on: (1) the day such
notices or other communications are received when sent by personal delivery; or (ii) the third day
following the day on which the same have been mailed by f rst class delivery, postage prepaid
addressed to PARTIES at the address set forth below, or at such other address as the PARTIES shall
from time -to -tune designate by notice in writing to the other PARTIES:
Page 3 of 7
COUNTY: Spokane County Chief Executive Officer or his/her authorized representative
1116 West Broadway Avenue
Spokane, Washington 99260
COURT: Spokane Superior Court Presiding Judge
Spokane County Superior Court
1116 West Broadway Avenue
Spokane, Washington 99260
Spokane District Court Presiding Judge
Spokane County District Court
1100 West Mallon Avenue
Spokane, Washington 99260
CITY: City of Spokane Valley City Manager or his/her authorized representative
Redwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
SECTION NO. 6: COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which, when so
executed and delivered, shall be an original, but such counterparts shall together constitute but
one and the same.
SECTION NO. 7: ASSIGNMENT
No Party may assign, in whole or in part, its interest in this Agreement without the approval of all
other PARTIES.
SECTION NO. 8: LIABILITY
(a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or
any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of
any nature whatsoever, by any reason of or arising out of any negligent act or omission of
COUNTY/COURT or their respective officers, agents and employees, or any of them relating to or
arising out of performing services pursuant to this Agreement. In the event that any suit based upon
such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its
sole cost and expense; provided that CITY reserves the right to participate in said suit if any
principle of governmental or public law is involved; and if final judgment in said suit be rendered
against CITY, and its officers, agents, and employees, or any of them, or jointly against CITY and
COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same.
b) CITY shall indemnify and hold harmless COUNTY/COURT and their officers, agents, and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses,
and damages of any nature whatsoever, by any reason of or arising out of any negligent act or
Page 4 of 7
omission of CITY, its officers, agents and employees, or any of them relating to or arising out of
performing services pursuant to this Agreement. In the event that any suit based upon such
claim, action, loss, or damages is brought against COUNTY /COURT, CITY shall defend the
same at its sole cost and expense; provided that COUNTY /COURT reserves the right to
participate in said suit if any principle of governmental or public law is involved; and if final
judgment in said suit be rendered against COUNTY /COURT, and their officers, agents, and
employees, or any of them, or jointly against COUNTY /COURT and CITY and their respective
officers, agents, and employees, CITY shall satisfy the same.
(c) The foregoing indemnity is specifically intended to constitute a waiver of each party's
immunity under Washington's Industrial Insurance Act, Chapter 51 RC W, respecting the other
party only, and only to the extent necessary to provide the indemnified party with a full and
complete indemnity of claims made by the indemnitor's employees. The PARTIES
acknowledge that these provisions were specifically negotiated and agreed upon by them.
(d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the
matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence
with $5,000,000 aggregate limits including auto liability coverage.
SECTION NO. 9: RELATIONSHIP OF THE PARTIES
The PARTIES intend that an independent contractor relationship will be created by this Agreement.
No agent, employee, servant or representative of COUNTY /COURT shall be deemed to be an
employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee,
servant or representative of CITY shall be deemed to be an employee, agent, servant or
representative of COUNTY /COURT for any purpose.
SECTION NO. 10: MODIFICATION, WITHDRAWAL, AND TERMINATION
This Agreement may be modified in writing by mutual agreement of the PARTIES.
Any Party may withdraw from this Agreement upon a minimum of 90 days written notice to the
other PARTIES of intent to withdraw. Any Party may terminate this Agreement upon a breach by
the another Party, provided the Party seeking to terminate the Agreement shall provide at least 30
days written notice and an opportunity to cure to the breaching Party.
Upon withdrawal or termination, CITY shall be obligated to pay for only those System services
rendered prior to the date of withdrawal or termination.
The withdrawal of CITY from this Agreement shall not impose a requirement on
COUNTY /COURT to provide for the funding or handling of System services for jury requests
made after the effective date of withdrawal.
Upon withdrawal or termination, at CITY'S option, COUNTY /COURT shall continue to provide
services to completion for juries requested prior to the effective date of the withdrawal or
termination.
Page 5 of 7
SECTION NO. 11: PROPERTY AND EQUIPMENT
IPMENT
The ownership of all property and equipment utilized by any Party to meet its obligations under the
terms of this Agreement shall remain with such Party.
SECTION NO. 1.2: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered within the
State of Washington and it is mutually understood and agreed by each party.that this Agreement
shall be governed by the laws of the State of Washington both as to interpretation and
performance. Any action at lave, suit in equity or judicial proceeding for the enforcement of this
Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction
within Spokane County, Washington_
SECTION NO. 1.3: SEVERAHILITY
It is understood and agreed among the PARTIES that if any parts, terms 01 provisions of this
Agreement are held by the courts to be illegal, the validity of the remaining portions or
provisions shall not be affected and the rights and obligations of the PA.RTIES shall not be
affected in regard to the remainder of the Agreement. If it should appear that any part, te. rn or
provision of this Agreement is in conflict with any statutory provision of the State of
Washington then the part, term or provision thereof that may be in conflict shall be deemed
inoperative and null and void insofar as it inay be in conflict therewith and this Agreement shall
be deemed to modify to conform to such statutory provision_
SECTION NO. 14: HEADINGS
The section headings appearing in this Agreement have been inserted solely for the purpose of
convenience and ready reference. In no way do they purport to, and shall not be deemed to
define, limit or extend the scope or intent of the sections to which they pertain.
SECTION NO. 15: ASSURANCE
COUNTY and CUR T represent and assure CITY that no other city or town will receive more
favored treatment in receipt of Services than that made available to the CITY for similar
services,
SECTION NO. 16: ALL WRITINGS CONTAINED HEREIN /BINDING EFFECT
This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree
that there are no other understandings, oral or otherwise, regarding the subject matter of this.
Agreement. No changes or additions to this Agreement shall be valid or binding upon the
PARTIES unless such change or addition is in writing, executed by the PARTIES_
This Agreement shall be binding upon the PARTIES hereto, their successors and assigns.
Page 6 of 7
IN 4'ITNES S WHEREOF, the PARTIES have caused this Agreement to be
executed on date and year opposite their respective signatures.
DATED:
By:
DATED:
ATTEST;
PICKY M. DALTON
CLERK OF THE BOARD
By:
Daniels Erickson, Deputy M. KATE MCCASL1N
DATED: CITY OF SPOKANT5 VALLEY
Attest: By:
Its:
City Clerk (Title)
Approved as to form only:
Acting City Attorney
E alley Cirq�DIM{ Coati a sUury MaagcmcrOury num gn,cnlvalley 02203- finul,dvc
Page 7 of 7
SPOKANE COUNTY SUPERIOR COURT;
Its:
.BOARD OF COUNTY COMMISSIONERS
OF SPOKANE, COUNTY, WASHINGTON
JOI-IN ROSKELLEY, Chair
P1- IILLIP D. HARMS, Vice-Chair
03/12/2003 08:07 FAX 509 477 3672
STEVEN 1. TUCKER
PROSECUTI. tG Arrol HEY
Please FAX to: Ruth Muller, City Clerk
FAX Phone No: (509) 921 -1008
❑
Criminal Department
PSB -1
1100 W. Mahn Avenue
Spokane, WA 99260 -0270
(509) 477 -3662 FAX; 477-3409
0
Civil Department
S&T
1115 W. Broadway
Spokane, WA 99260-0270
(509)477-5764 FAX 477 -3672
SPOK CO PA CIVIL
OFFICE OF I'RO5ECU11NG ATTORNEY
March 12, 2003
From: James P. Elnacio
Chief Civil Deputy Prosecuting Attorney, Civil Division
Spokane County Prosecuting Attorney's Office
Telephone No.: (509) 477 -5764
FAX Phone No.: (509) 477 -3672
0 •
Domestic Vlolcnce Unit
PSB -1
901 N Munroe„ Suite 200
Spokane, WA 99201
(509) 8354500 FAX 833 -1352
Pages 9
0
Drug/Property Department
PSB
721 N. Jefferson
Spokane, WA 99260-0270
(509)4771416 FAX; 477-645
MAIL TO:
Civil Division
MAIL STOP S&T
1116 W. Broadway Avenue
Spokane, WA 99260-0270
(509) 477-5764 FAX: 477 -3672
Re: Interlocal Agreements Costs Incident to Jury Management Services
(i001 /009
RECEIVED
MAR 1 t i:J
City of Spokane Valley
************* * * * * * * *** ******* ** * * * ******
****************************************** * * * * * * * * ** * * * * * * * * * * * * * * ** * * * **
•*** * ** * * * * *'* /* **#*T MPi9*******s•* s.** ******-******#***** * *** ** * * ******* * * ** * * *** *** * * ** *GYM * ***
If there arc any questions regarding the message sent, please contact Tamara, Civil Department, Prosecuting
Attorney's Office, 477 - 5764.
NOTICE: The information contllined in this transmission is privileged and confidential. It is intended for the use of the
individual or entity named above. if the reader of this message is not the intended addressee, the reader is hereby
notified that any consideration, dissemination or duplication of this communication is strictly prohibited. If the addressee
has received this communication in error, please return to the above address by mail and notify this offiee immediately
by telephone. Thank you.
WARNING: Most Fax machines produce copies on thermal paper. The image produced is highly unstable and
will deteriorate significantly in a few years. This record should be copied on a plain paper copier prior to filing as
a record.
0
Juvenile Department
PS8-1
1208 W. Mallon Avenue
Spokane WA 99260.0270
(509) 477.6056 FAX: 477.6444
03/12/2003 08:08 FAX 509 477 3672
Emacio, James
To: Iwalton @spokanevalley.org; smcnutt@spokanevalley.org; rmuller @spokanevalley.org;
sms @wkdtlaw.com
Cc: Hardy, Dave; Famell, Marshall
Subject: Jury Management Services
Lee and Stan:
Attached is the revised Jury Management Interlocal. I have modified the "liability' section from what was in the earlier
version to be consistent with the other Interlocal agreements. I have added the "standard" assurance provision. I have also
inserted a definition of "requested" in Section No 3 (A) as well as made the minor changes to Section No 3 (B) which Stan
requested. I will have a hard copy faxed to Ruth.
Hopefully this is a the final document.
Jim
jury managment
valley 031203 -d...
SPOK CO PA CIVIL $j002/009
1
03/12/2003 as:os FAX t3as 477 3672
Return tn.: Minion Erickson
Clerk of the Board
111 West Broadway
Spokane, Washington 99260 ,
1NTERLO AL AGREEMENT FOR COSTS INCIDENT
TO JURY MANAGEMENT SERVICES 1N THE CITY OF SPOKANE VALLEY
(April 1 UM-December 31, 2004)
THIS AGREEMENT, made and entered into by and among Spokane County, a
political subdivision of the Mate of Washington, having offices for the transaction of business at
1116 West Broadway, Spore, Washington 99260, hereinafter referred to as "COUNTY," the
City of Spokane Valley, a municipal corporation of the State of Washington, having offices for
the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106,
Spokane Valley, Washington 99206, hereinafter referred to as "CITY" and Spokane County
Superior Court, having ofiiccs for the transaction of business at 1116 West Broadway,
Spokane, Washington 99260, hereinafter referred to as the "COURT," jointly hereinafter referred
to as the "PARTIES."
Page 1 of 7
sPOiT CO PA CTV]]..
w'ITNFSSETH:
WHEREAS, pursuant to the provisions of RCW 36,32.120(6), the Spokane County Board
of County Commissioners has the care of County property and the management of County funds
and business; and
WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established
midnight, March 31, 2003, as its official date of incorporation and upon that date commenced
operations as a city; and
WHEREAS, AS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local
govcmmental authority and jurisdiction with respect to the newly incorporated area transfers from
Spokane County to City of Spokane Valley; and
WHEREAS, AS, chapter 39.34 RCW (7nterlocal Cooperation Act), authorizes counties and
cities to contract with each other to perform certain functions which each may legally perform; and
WHEREAS, Spokane County Superior Court maintains a Jury Management System; and
Lo03 /005
03/12/2003 08:08 FAX 509 477 3672 SPOK CO PA CIVIL Q,_J004 /009
CITY'S share of the administrative costs under Item (1) above will be calculated by taking
the total costs for Item (1) for any calendar year and dividing it by the total number of jury
panels requested in Superior, District or Municipal Court by all users of the System. This
will provide a per jury panel administrative costs for Item (1). CITY will then pay this per
jury administrative costs for Item (1) for each jury panel it has requested.
CITY'S share of the administrative costs under Item (2) shall be determined by using the
percentage of juror days served by Superior, District, and Municipal Courts in any calendar
year. CITY shall pay its proportionate share of such cost based on the number of juries
requested.
For the purpose of this Agreement the terminology "requested" shall mean Spokane County
District/Municipal Court contacting the Spokane Superior Court Administrator's Office and
alerting the Jury Coordinator that it needs a panel of jurors for a scheduled CITY jury trial.
In circumstances where a CITY jury panel has been requested and the jurors have been
notified, the CITY will not be billed for the jury if the case is subsequently settled/resolved
so long as (i) the Spokane County District/Municipal Court timely advises the Superior Court
Administrator's Office and (ii) the Superior. Court Administrator's Office is able to call off
the jurors or the jurors can be used for an alternate CITY jury trial or for a jury trial requested
by another public body which contracts with the COURT for Services.
CITY'S share of the administrative costs under Item (3) above shall be determined by taking
the per hour juror rate which COURT pays for State Industrial Insurance and multiplying it
by the total number of juror hours for persons who served as jurors for CITY.
B. Pavment. COUNTY will invoice CITY for its actual use of the System on or before January
15`� of 2004 and 2005 for the use of the System attributable to CITY cases in the preceding year.
Payment by CITY will he due thirty (30) days after receipt of COUNTY invoice. At the sole
option of COUNTY, a penalty may be assessed on any late payment by CITY based on lost
interest earnings had the payment been timely paid and invested in the Spokane County
Treasurer's investment Pool.
SECTION NO. 4: SERVICES PROVIDED
COUNTY, through COURT, shall operate and provide the System to CITY. The System is
generally described as summoning, qualifying, organizing, tracking, providing and
compensating, jury panels for CITY'S Municipal Court.
SECTION NO. 5: NOTICE
All notices or other communications given hereunder shall be deemed given on: (1) the day such
notices or other communications are received when sent by personal delivery, or (ii) the third day
following the day on which the same have been mailed by first class delivery, postage prepaid
addressed to PARTIES at the address set forth below, or at such other address as the PARTIES shall
from time -to -time designate by notice in writing to the other PARTIES:
Page 3 of 7
03/12/2003 08:09 FAX 509 477 3672
SPOK CO PA CIVIL Q005 /009
COUNTY: Spokane County Chief Executive Officer or his/her authorized representative
1116 West Broadway Avenue
Spokane, Washington 99260
COURT: Spokane Superior Court Presiding Judge
Spokane County Superior Court
1116 West Broadway Avenue
Spokane, Washington 99260
Spokane District Court Presiding Judge
Spokane County District Court
1100 West Mallon Avenue
Spokane, Washington 99260
CITY: City of Spokane Valley City Manager or his/her authorized representative
Redwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
SECTION NO. 6: COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which, when so
executed and delivered, shall be an original, but such counterparts shall together constitute but
one and the same.
SECTION NO. 7: ASSIGNMENT
No Party may assign, in whole or in part, its interest in this Agreement without the approval of all
other PARTIES.
SECTION NO. 8: LIABILITY
(a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or
any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of
any nature whatsoever, by any reason of or arising out of any negligent act or omission of
COUNTY /COURT or their respective officers, agents and employees, or any of them relating to or
arising out of performing services pursuant to this Agreement. In the event that any suit based upon
such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its
sole cost and expense; provided that CITY reserves the right to participate in said suit if any
principle of governmental or public law is involved; and if final judgment in said suit be rendered
against CITY, and its officers, agents, and employees, or any of them, or jointly against CITY and
COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same.
b) CITY shall indemnify and hold harmless COUNTY /COURT and their officers, agents, and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses,
and damages of any nature whatsoever, by any reason of or arising out of any negligent act or
Page4of7
03/12/2003 08:09 FAX 509 477 3672
SPOK CO PA CIVIL 0006/009
omission of CITY, its officers, agents and employees, or any of them relating to or arising out of
performing services pursuant to this Agreement. In the event that any suit based upon such
claim, action, loss, or damages is brought against COUNTY /COURT, CITY shall defend the
same at its sole cost and expense; provided that COUNTY /COURT reserves the right to
participate in said suit if any principle of governmental or public law is involved; and if final
judgment in said suit be rendered against COUNTY /COURT, and their officers, agents, and
employees, or any of them, or jointly against COUNTY /COURT and CITY and their respective
officers, agents, and employees, CITY shall satisfy the same.
(c) The foregoing indemnity is specifically intended to constitute a waiver of each party's
immunity under Washington's Industrial insurance Act, Chapter 51 RCW, respecting the other
party only, and only to the extent necessary to provide the indemnified party with a full and
complete indemnity of claims made by the indemnitor's employees. The PARTIES
acknowledge that these provisions were specifically negotiated and agreed upon by them.
(d) COUNTY and CITY agree to either self insure or purchase polices of insurance covering the
matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence
with $5,000,000 aggregate limits including auto liability coverage.
SECTION NO 9: RELATIONSHIP OF THE PARTIES
The PARTIES intend that an independent contractor relationship will be created by this Agreement.
No agent, employee, servant or representative of COUNTY /COURT shall be deemed to be an
employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee,
servant or representative of CITY shall be deemed to be an employee, agent, servant or
representative of COUNTY /COURT for any purpose.
SECTION NO. 10: MODIFICATION, WITHDRAWAL, AND TERMINATION
This Agreement may be modified in writing by mutual agreement of the PARTIES.
Any Party may withdraw from this Agreement upon a minimum of 90 days written notice to the
other PARTJES of intent to withdraw. Any Party may terminate this Agreement upon a breach by
the another Party, provided the Party seeking to terrinate the Agreement shall provide at least 30
days written notice and an opportunity to cure to the breaching Party.
Upon withdrawal or termination, CITY shall be obligated to pay for only those System services
rendered prior to the date of withdrawal or termination.
The withdrawal of CITY from this Agreement shall not impose a requirement on
COUNTY /COURT to provide for the funding or handling of System services for jury requests
made after the effective date of withdrawal.
Upon withdrawal or termination, at CITY'S option, COUNTY /COURT shall continue to provide
services to completion for juries requested prior to the effective date of the withdrawal or
termination.
Page 5 of 7
03/12/2003 08:10 FAX 509 477 3672 SPOK CO PA CIVIL Q007/009
SECTION NO. 11: PROPERTY AND EQUIPMENT
The ownership of all property and equipment utilized by any Party to meet its obligations under the
terms of this Agreement shall remain with such Party.
SECTION NO. 12: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered within the
State of Washington and it is mutually understood and agreed by each party that this Agreement
shall be governed by the laws of the State of Washington both as to interpretation and
performance Any action at law, suit in equity or judicial proceeding for the enforcement of this
Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction
within Spokane County, Washington.
SECTION NO. 13: SEVERABIT..ITY
It is understood and agreed among the PAR1IrS that if any parts, terms or provisions of this
Agreement are held by the courts to be illegal, the validity of the remaining portions or
provisions shall not be affected and the rights and obligations of the PARTIES shall not be
affected in regard to the remainder of the Agreement. If it should appear that any part, term or
provision of this Agreement is in conflict with any statutory provision of the State of
Washington, then the part, term or provision thereof that may be in conflict shall be deemed
inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall
be deemed to modify to conform to such statutory provision.
SECTION NO. 14: HEADINGS
The section headings appearing in this Agreement have been inserted solely for the purpose of
convenience and ready reference. In no way do they purport to, and shall not be deemed to
define, limit or extend the scope or intent of the sections to which they pertain.
SECTION NO. 15: ASSURANCE
COUNTY and COURT represent and assure CITY that no other city or town will receive more
favored treatment in receipt of Services than that made available to the CITY for similar
services.
SECTION NO. 16: ALL WRITINGS CONTAINED HEREIN /BINDING E1FECT
This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree
that there are no other understandings, oral or otherwise, regarding the subject matter of this
Agreement. No changes or additions to this Agreement shall be valid or binding upon the
PARTIES unless such change or addition is in writing, executed by the PARTIES.
This Agreement shall be binding upon the PARTIES hereto, their successors and assigns.
Page 6of7
03/12/2003 08:10 FAX 509 477 3672
IN WITNESS WHEREOF, the PARTIFS have caused this Agreement to be
executed on date and year opposite their respective signatures.
DATED:
By:
DATED:
AI'I
VICKY M. DALTON
CLERK OF THE BOARD
By:
Daniela Erickson, Deputy
DATED:
Attest:
Approved as to form only:
Acting City Attorney
6:1Valley CitylDreit ContractsVury Mangemzr qury managmcnt valley 022603 -fin l.doc
Page 7 of 7
SPOK CO PA CIVIL Q008/009
SPOKANE COUNTY SUPERIOR COURT:
Its:
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE, COUNTY, WASHINGTON
JOHN ROSKELLEY, Chair
PHILLIP D. HARRIS, Vice -Chair
M. KATE MCCASLIN
CITY OF SPOKANE VALLEY
By:
Its:
City Clerk (Title)
03/12/2003 08:11 FAX 509 477 3672 SPOK CO PA CIVIL 0009/009
WHEREAS, the City of Spokane Valley will operate a Municipal Court in calendar year
2003 and 2004 and is desirous of using Spokane County Superior Court's Jury Management
System ( "System "); and
WEIEREAS, in conjunction with the City of Spokane Valley's use of the System, the
City of Spokane Valley agrees to pay its fair share proportionate percentage of the administrative
costs for such System, to include (1) personnel, computer equipment/printer and supply costs; (2)
printing and postage costs; and (3) State Industrial Insurance costs. The City of Spokane Valley
also agrees to pay juror fees and mileage on a weekly basis, and parking costs on a quarterly
basis for cases attributable to CITY.
NOW, THEREFORE, for and in consideration of the mutual promises set forth
hereinafter, the PARTIES do mutually agree as follows:
SECTION NO. 1: PURPOSE
The purpose of this Agreement is to set forth the PARTIES understanding of the terms and
conditions under which COURT will provide Jury Management System ( "System ") services to the
CITY. For the purpose of this Agreement System is described as summoning, qualifying,
organizing, tracking, providing and compensating jury panels for CITY'S Municipal Court.
SECTION NO. 2: DURATION
This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M.
December 31, 2004, unless one or all of the PARTIES give notice of termination as provided for
in Section No. 5 and Section No. 10 of this Agreement.
SECTION NO. 3: COST OF SERVICES AND PAYMENTS
CITY shall pay COUNTY the actual costs for its use of the system in 2003 and 2004 as outlined
below.
A. Reimbursement. Costs of the System shall be comprised of two components, namely costs
for each jury panel requested and administrative costs for management of the System.
Costs for each jury panel requested shall be the actual costs to include jury fee, mileage and
all other costs directly attributable to the specific jury requested. These costs shall be the
responsibility of CITY once a jury is requested regardless of whether it is ever empanelled.
Administrative costs of. the System shall include all costs incurred by COURT in
operating/providing the System for any calendar year to include: Item (1) personnel,
computer equipment/printer and supply costs; Item (2) printing and postage costs; and Item
(3) State Industrial Insurance costs. Personnel costs will include (i) all cost of living (COLA)
adjustments as authorized by COUNTY for persons proving the System and/or (ii) salary
increases. Any increase in any administrative costs will be reflected in the current years
costs.
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