03-011 Prosecuting Attorney Services Return to: Da1k...ta Erickson Spokane Valley Contract
Clerk of the Board No. CO3-11
1116 West Broadway Approved: March 25, 2003
Spokane,Washington 99260
INTERLOCAL AGREEMENT FOR PROSECUTION SERVICES
IN TIDE CITY OF SPOKANE VALLEY
,. 3 0310 (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
WIU KEAS, chapter 39.34 RCW (lnterlocal Cooperation Act), authorizes counties and
cities to contract with each other to perform certain functions which each may legally perform; and
WhE.REAS, 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
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CO3-11
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 PARITIES 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:
I. $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
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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, but no later than June 30th ("date of determination") of the year
following the year Prosecution Services were performed. At the sole discretion of the CITY, in the
case of over billing, or the sole discretion of the COUNTY, in the case of an under billing, the party
may request interest on such amount based on lost interest earnings had the under billing amount
been invested since the end of the calendar year to the date of determination in the Spokane County
Treasurer's investment Pool or the over billing amount been invested since the end of the calendar
year to the date of determination in the Washington Cities Investment Pool. For the purpose of this
Agreement, the terminology M&O shall mean those class codes (3000-5999 and 7000-9999) used
by Spokane County in its budgetary process as prescribed by the BARS-manual adopted by the
State of Washington under chapter 43.88 RCVS'. Provided such M&O items are directly attributable
and proportionate to services rendered to City under the terms of this Agreement.
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 5th 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.
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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
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. S: NOTICE
All notices or other communications given hereunder shall be deemed given on: (I) 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:
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COUNTY: Spokane County Chief Executive Officer or his/her authorized representative
1 L 16 West:Broadway Avenue
Spokane, Washington 99260
PROSECUTOR; Steen J. Tucker
Spokane Comity Prosecuting Attorney's Office
1100 West Mallon
Spokane,Washington 99260
CITY: City of Spokane Valley City Manager or hislher authorized representative
Redwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
SECTION NO. 6: REPORTING
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-
oded 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: ASSIGNIVIENT
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 7.040 at no additional cost to CITY.
SECTION NO. 9: DEPUTY PROSECUTOR ASSIGNMENT, RI+:TENTION, 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 specificafy handled
according to PROSECUTOR policies.
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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.
(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: RELATIONSHIIP 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.
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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.
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 weed 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.
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 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
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•
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
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.
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 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.
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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:
Ob ,
STEV J. TUC "R
DATED,L3 BOARD OF COUNTY COMMISSIONERS
r;'oF co,1�,1,1s'\.■ OF SPOKANE, COUNTY, WASHINGTON
��o >~c°6. ck ABSENT
o : o JOHN ROSKEL EY, Chair
ATTEST: `++I •
VTCKY M. DALTO 'tt " •sEn�.. � i�
CLE: . OF THE BOA. C O =` r. • D. H• • • , V.ce-C ai
I ' i �
BY: .V . .!�• . �� / _!rI L
/
$aniela Erickson, Deputy ..Pre 'CIA LIN
DATED: /? ki' t..cv 9� 400 CITY OF SPOKANE VALLEY:
M6t3t4 By: V V,
Its: lv L! , 2)-11.
City Clerk (Title)
Approved as to form only:
1
Virg City ie .• ey
H:lvalicy Ci)Wmit Contracts\Prosecu&prosecution saviees valley 032403-final.doc
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3 0310
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 $ 510,647.00
9.7 Direct support Staff $ 340,619.10
8/59'ths Chief Criminal Dep. $ 14,497.90
Allocation of Co. Prosecutor $ 5,677.88
8/70'ths of Dept. Admin. Staff $ 21,742.40
Total Salaries and Benefits $ 893,1 84.28
Total Misd. M&O + $ 56,421.00
Tot. Indirect Costs@ 8.63% + $ 77,081.80
= $ 1,026,687.08
Page lof 5
ATTACHMENT "A"
0310
S okane Conn . • Prosecutor Infraction Budget 87 023
INFRACTIONS
IFirst 6 months
2000 , 2001. 12 :Month AV G.
Number of County
' infractions cases received
from the Sheriffs Office 24,507 12,981 124,992.
Valley Infractions from
Sheriff 8,750 4,540 8,860
Valley % of Al
Infractions 35.70% 34.97% 35.45%
INFRACTION BUDGET Total Budget
Amount
Spokane County Prosecutor Budget for Infractions 87,023
% Ofin.fractions occurring in the new Valley City —�II
=35.45% 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
3 0310 2003 INFRACTION BUDGET
Attorney: Gordis $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
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 3af 5
3 0310
MISDEMEANOR BUDGET Avg. #
BREAKDOWN of Cases % Of Total
CUMULATIVE TOTAL Cum. Total Budget
2000, 2001, 2002 Totals Budget Amount
8036 100% 1,026,687
LESS:
Budget for WSP Cases 2666 33.17% 340,552
Other Agencies (Aii .ort, 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 Sheriffs Geo-Coded Analysis
Report. The percentage of charges in the Geo-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.
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3 0310
COSTS FOR PROSECUTION OF CITY 'MISDEMEANOR ZONING
AND/OR ANIMAL CONTROL ORDINANCES
Spokane County Civil Dept
Valley Charges
Salary Salary+ Benefit
Benefits Rate
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
Hourly rate 2003 paralegal2 S7 $18.31
Benefits 6.35 $35,706 $48,094 0.346944
Hourly rate salary & benefits 24.66
Indirect cost allocation 8.63% 2.13
TOTAL PARALEGAL COST PER HOUR $26.79
ATTORNEY AND PARALEGAL COST PER HOUR $68.88*
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.
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3 0310
NO. . of COMMIss� ►
v .°y ►►
cc,BEFORE THE OF COUNTY COMMISSIONERS i o :y°�� c���.� F� ►�
OF SPOKANE COUNTY, WASHINGTON {
IN THE MATTER OF EXECUTING ) ►'►, ��, , �' o
AN AGREEMENT AMONG ) COO"
SPOKANE COUNTY, SPOKANE ) RESOLUTION
COUNTY PROSECUTOR AND THE ) This Is to Certify this is a true and
CITY OF SPOKANE VALLEY Correct copy of the original document
NO 05/0 on file int eC uq my
REGARDING PROSECUTION ) Commissioners minutes ofd
SERVICES AND OTHER MATTERS ) date1� � ay f- �� /- 2603
RELATED THERETO ) BY:L IZ p)))
CLERK OF THE BOARD
•
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.
Page 1 of 2
, 3 0310
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County
Commissioners of Spokane County, that either the Chairman of the Board, or a majority of
the Board, be and is hereby authorized to execute that document entitled "INTERLOCAL
AGREEMENT FOR PROSECUTION SERVICES IN THE CITY OF SPOKANE
VALLEY" pursuant to which, under certain terms and conditions, the City of Spokane
Valley will 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. The projected
costs for the remainder of 2003 are TWO HUNDRED SEVENTY-ONE THOUSAND SIX
HUNDRED TWENTY-ONE DOLLARS and 50/100 ($271,621.50).
PASSED AND ADOPTED thisc7c:.5(k) day of ?ria/}l ), 2003.
of CO, ,yf l 1,
�' � BOARD OF COUNTY COMMISSIONERS
o�$°— �y''of 'i+ OF SPOKANE, COUNTY, WASHINGTON
. a i
j ABSENT
11 •��,,' SPAL '• 4' 1 5
,,vvZ cot.niCk' JOHN ROSKELLEY, Chair
ATTEST: ���..
VICKY M. DALTON
CLERK OF THE BOARD ,vii �–
• AR IS,.Vice-Cha-
Y' Mil • L �.
Daniela Erickson, Deputy M. KATE MC∎ ASLIN
•
H:1Valley City\Resotutions\vatley-Prosecuting services.doc
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