03-010 Adjudication of Misdemeanor & Gross Misdemeanor Costs • Return to: Dari::_a Erickson Spokane Valley Contract
Clerk of the Board No. CO3-10
1 116 West Broadway Approved: March 25, 2003
Spokane, Washington 99260
3 0308 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."
WITNESS .ETH:
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
• 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 9
CO3-IO
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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. ,l: 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.
SECTION NO. 3: COST OF SERVICES AND PAYMENTS
CITY shall pay COUNTY the 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
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appropriate. 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 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 PAR'T'IES, 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 ($610,621.50) in calendar year
2003 to be allocated toward the personnel-related costs of the following positions:
1) One and a third(1.33) Judges(salary based upon RCW 3.58.010);
2) A half('/2) 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 commissioners)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 ($63,000) in calendar year 2003 to be allocated toward
the following items:
1) Law books/CD LAW license fees;
2) Pro tern fees;
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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.
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.
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.
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 until the date of payment. In the event the CITY has made any overpayment
in its share of personnel and/or maintenance and operations costs as set forth herein above
which are not accounted for in subsequent payments during the calendar year, the COUNTY
agrees, at the sole discretion of the CITY, to pay the CITY lost interest earnings had the
overpayment amount been invested since the end of the calendar year to the date of determination
in the Spokane County Treasurer's Investment Pool. For the purpose of this section the date of
determination shall be that date which the COUNTY advises the CITY of any overpayment for
personnel and/or maintenance and operation expenses referenced above and either applies such
credit to future billings or reimburses the CITY such overpayment.
•
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SECTION NO.4: SERVICES PROVIDED/COLLECTION OF REVENUES
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 legally
responsible for pursuant to RCW 39.34.180. As part of the Court Services to be provided under
this Agreement, COURT shall collect and remit to the CITY all fines, penalties, costs and
assessments generated by CITY cases with a filing date subsequent to the effective date of this
Agreement which are owing and due to CITY. Revenues collected shall be remitted to the CITY'S
designee no later than the 10th day of each month for the previous month. The CITY shall be
responsible for remitting Washington State's share of the revenue to the State. The monthly
reconciliation shall include a JIS computer-generated remittance advice listing the CITY as a
separate jurisdiction within 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 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: Spokane County Chief Executive Officer or his/her authorized representative
1 116 West Broadway Avenue
Spokane,Washington 99260
COURT: Spokane District Court Presiding Judge
Spokane County District Court
1 100 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.
Page 5 of 9
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 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.
Page 6 of 9
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.
SECTION NO. 12: 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. Nio 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 provisions of this Agreement, except
Section No. 17 (Assurance) which 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.
Page 7 of 9
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 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.
SECTION NO. 17 ASSURANCE
The methodology for calculating the costs of Court Services under this Agreement is set forth
in Attachment "A." The CITY desires to insure that if the COUNTY/COURT provide similar
Court Services to other municipalities at significantly reduced comparable costs, that the
CITY can initiate negotiations with COUNTY/CITY to take advantage of the methodologies
giving rise to the reduced comparable costs for calendar year 2004. Accordingly, the
PARTIES agree to meet on or before September 1, 2003 to discuss the use of any other
methodologies used by COUNTY/COURT to provide similar Court Services to other
municipalities. The PARTIES will in good faith attempt to renegotiate the methodology set
forth herein. Inability to renegotiate methodology shall not be subject to Section No. 13.
Page 8 of 9
•
IN WITNESS WHEREOF the PARTIES have caused this Agreement to be executed
on date and year opposite their respective signatures.
DATED: 3/Z ,/O 3 SPOKANE COUNTY
MUNICIPAL/D _TRICT CC/ T:
By: /a. to . 1 VI.‘/
Its: e S I
DATEM.5/2 7.26-0=---—,N,, BOARD OF COUNTY COMMISSIONERS
oo c11 '\ OF SPOKANE, COUNTY, WASHINGTON
,' 49 O,,11E CpG��OL 11l ABSENT
a : m I OHN ROSKEL LFY, Chair
ATTEST: �It, seal
VICKY M. DALTON tl� t/
,� i AR'.IS, Vice-Ch it JAN
aniela Erickson, Deputy � �.�_ v L 14 L
M. 'FATE C• SLIN
DATED: /%l eL__ __ �Ud3 CITY OF SPOKANE VALLEY:
By:
Its: _tplit /we C/ /✓ v,r C
(Title)
Attest:
•�
.10V iI
•
City Clerk
Approved as to form only:
.\cti g City ' o • y
H:1Va11eyCit}\Draft Coniracis41judic Ilion\adjudication services valley 032503-final-doe
Page 9 of 9
SPOKANE DISTRICT COURT STATISTICS
SPOKANE VALLEY 0308
Purpose:
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 (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) MS (Justice Information System), court filing information through the
Administrative Office of the Courts, as compiled by court personnel.
Methodologies:
l) 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 "Al'
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 fishy
considered in these caseload/workload estimates.
2002 Infraction/Criminal Filing Projections
rC•ASE '1 it 200 s� L'e4Cun4 * lndca r:Valllvy,y`
i:_
infractions 62,853 .60 37,712 .35 13,199
(02.3L44%7".--:'"4-...;, 2,091 .23 481 .68 327
grim 'raf' 4,199 .70 2,939 .55 1,705
;G4im M 2,179 .64 1,394 .55 767
E_DV`5: ; I 1,439 .90 1 295 .55 712
R tiii. T ''"*.f;;':.':-.t-q l72 76�11 w Fc-,7' : `c k` 'c :4':::t-i'ir. e AM
* 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, Sheriff's 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:
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 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 RMS 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
OPTION :1,.RCW 3.45
MUNICIPAL COURT DEPARTMENT
VALLEY COURT STAFFING 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,
TOTALS&W. 15.16 I+TE. - • $814,162
M.& 0 .28 81,629
INDIRECT COSTS'..2037 • $165,845
TOTAL ANNUALIZED COSTS .$1,061,636
Page 3 of 3
NO 3 0308
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
o1. COM"1 \■,1
IN THE MATTER OF EXECUTING )
AN AGREEMENT AMONG f.y4o . oy4 w�
SPOKANE COUNTY, SPOKANE ) RESOLUTION
COUNTY DISTRICT/MUNICIPAL ) /' °
'4 N'Pj.'• sEnL• • T
'
COURT AND THE CITY OF ) its '1.1 'EAL . =
SPOKANE VALLEY REGARDING ) ,.�„��._
COSTS INCIDENT TO ) This Is to Certify this Is a true and
ADJUDICATION OF ) correct CO y of the original document
MISDEMEANOR AND GROSS )
NO.<3—U-34t) on file In the
Commissioners minutes of.
MISDEMEANOR OFFENSE ) dated this d of • �
SERVICES IN THE CITY OF ) BY: , = v
SPOKANE VALLEY ) CLERK OF THE BOARD
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 commenced 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
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
Page 1 of 2
3 0308
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, 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 COSTS INCIDENT TO ADJUDICATION OF MISDEMEANOR
AND GROSS MISDEMEANOR OFFENSES SERVICES IN THE SPOKANE VALLEY"
pursuant to which, under certain terms and conditions, the City of Spokane Valley will
utilize the services of the Spokane County District/Municipal Court for the purpose of
adjudicating and sentencing cases, 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. The projected costs for the remainder of 2003 are
SEVEN HUNDRED NINETY-EIGHT THOUSAND FIVE DOLLARS and 25/100
(S798,005.25).
PASSED AND ADOPTED this 25 day of 77 % / ), 2003.
coMa'fs 414
BOARD OF COUNTY COMMISSIONERS
FC i
�Q4•�°mo °Gy��o � 0 OF SPOKANE, COUNTY, WASHINGTON
° • �> . ASSENT'
}Ih
• S .'� e JOHN ROSKELLEY Chair
ATTEST: t,
VICKY M. DALTON
CLERK OF THE BOARD _�= -�-
'I- L.' M R' IS, Vic -Chair
•,.
, 1. . .
• • AL , • Allif
a aniela Erickson, Deputy M. KATE M'CCASLIN
11:Walley Cityl Resolutionshalley-ajudication.doc
Page 2 of 2