09-102.00 MOU Clarify Prosecuting Attorney
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MEMORANDUM OF UNDERSTANDING
Ttus Memorandum of Understandmg (hereinafter "MOU") Zs entered mto by and beriueen
the Crty of Spokaae Valley (hhereinafter "the City"), Spokane County (hereinafter `the County'), and
the Spokane County Prvsecuting Attomey (herelnafter "the Prosecutor"), somehmes referred to
jointly as "Parties"
WITNESSETH
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WHEREAS, the Parties entered mto the Interlocai Agrcement for Prosecuhng Attorney
Services in the City of Spokane Valley (bereinafter "the Interlocal Agreement") on March 14, 2006,
adopted by the Board of Commissianers for Spokane Couniy under Resolution 6-0194, vvhereby the
County and Prosecutor would provide prosecuuon semces as set forth therem for the City, and
WHEREAS, the Pames determined that the language m Section l, Recitals and Findings,
and Exhibit 1 of the Interlocal Agreement, creates potentxal ambigwty as to whether all
misdemeanors and infractions charged within the City limits would be prosecuted by the County and
Prosecutor for the City, and
WHEREAS, it is the intent of the Parhes to clanfy that the Interlocal Agreement includes
prosecuton of all misdemeanor, gross misdemeailor, and infiaction offenses charged wntlun the
corporate luruts of the Gity, except for cases ansing from violations of the City's zonmg code and
adult entertainment provisions, which may be handled on an hourly basis upon agreement of the
Parfies, and
THEREFORE, the following understanding is agreed upon
1 Parties The Parties to this Agreement are the City of Spokane Valleya the
~ Spokane County Prosecutora and Spokane County
2 Pumose The purpose of this MOU is to clanfy the tnteat of the Parties as ta
what cases were to be covered by the Interlocal Agreement executed by the Parties on Mazch 14,
2006, and w}uch was adopted by the Spokane County Board of Commissioners under Resolution 6-
0194
3 Terms of the Memorandum of Understanding
I a Section 1(d) and Exhibit 1 shall be interpreted to meet the intent of the Parhes
so that the Interlocal Agreement covers prosecutton of all misdemeanor, gross misdemeanors and
infraction chazges arisiag within the corporate lunits of the City under the eost allocabon formula set
forth ui Exhibit 2A and 2B, exeept as specifically set forth in (b), below Provided, the tenrunology
"prosecution" shall noi include the defense of any constitutional challenge to any City Qrdinance
unless specifically agreed to by the Prosecutor and C2ty on a case by case basis
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b Prosecution of cases ansing from violations of the City zontng code and adult
entertmnment Code/provisions may occur on wntten agreement of the Parhes, and any such services
sha11 be provided under the cost formula set forth m Exhubit 2C Provided, the terminology
"prosecuhon" shall not include the defense of any constitutional challenge fio any City zonulg code or
adult enterta.uiment ordinances/provisions unless specifically agreed to between the City and
Prosecutor on a case by case basis
4 Other Provisions of Interlocal ALyreement Remain Unchaneed All remailung
provisions of the Interlocal Agreement are unaffected by this MOU and contulue in full force and
effect
5 Effective Date This MOU shall be in effect the day follovving the date the last
signature is affixed hereto
City of Spokane Valiey Spokane County Prosecuti Attorney
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< lv-ee~' ~
414 >
David Merciei Ci Manager Steven J Tucker, S o ane ounty Prosecutor
Date 1)~ Date
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ATTE
Board of County Commissioners of
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Spokane County, Washmgton
~ stine Bainbn ge, Gity Cl
APPROVED AS TO FORM Boniue Magzr, C-haw-
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Office f the Ci Attorney Todd 1Vi~ e~-Chair
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Mark R.tchazd, Commis5ioner
ATTESTClerk of the Board
Daiuela Er~ckson ~ Date
ctim
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spomf*q
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OFFICE OF COUNTY COMMISSIONFRS
TODD M[ELKE 1 ST DISTRICT °MARK RICHARD, ZND DISTRICT • BONNIE A MAGER 3RD DISTRICT
July 13, 2009
City of Spokane Valley
11707 E Sprague Ave
Spokane WA 99206
Attn Chris Bainbridge, City Clerk
Dear Chris,
Enclosed for your records is the following item
_ e(Original) "Interlocal Agreement for the City of Spokane Valley's,
Spokane County Prosecututg Attorney Memorandum of
Understanding, as amended under Resoluhon No 9-0333 and
under Resolution No 6-0194"
Yours very truly,
~
J
Ginna Vasquez
Assistant to the Clerk of the Board
Spokane County Commissioners
Encl
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I I I I WEST BROADWAY AVEt3UE ° SPOKANE, WASHINGTON 992GO-0100
(509) 477-2265
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No ~1-06333
BEFORE THE BOARD OF COUNTY CONIlVIISSIONERS
OF SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF EXEC'UTIlVG A )
MEMORANDUM OF ) R E S O L U T I O N
UNDERSTANDING AMONG THE CITY )
OF SPOKANE VALLEY, SPOKANE
)
COUNTY AND THE SPOKANE
)
COUINTY PROSECUTING ATTORNEY )
RELATNE TD THE I]'VTERLOCAL )
AGREEMENT EXECUTED AMONG )
THE PARTIES ON MARCH 14, 2006
)
CONCERNING PROSECUTION )
SERVICES PROVIDED BY THE )
PROSECUTOR TO THE CITY OF )
SPOKANE VALLEY )
WHEREAS, pursuant to the provisions of RCW 36 32 124(6), the Board of County
Commissioners of Spokane County (the `Board") has the care of County property and the
management of County funds and business, and
WHEREAS, the City of Spokane Va11ey (the "City'), Spokane County Prosecutuig
Attorney (the "Prosecutoe) and Spokane County (the "County") jointly referned to as the
"Parties" entered into the Interlocal Agreement for Prosecutmg Attorney Services m the C'rty of
Spokane Vailey ("the Interlocal Agreement") on March 14, 2006, adopted by the Board of
Commissioners for Spokane County under Resolution 6-0194, whereby the County and
Prosecutor would provYde prosecubon services as set forth therem, and
WHEREAS, the Parties deternuned that the language in Sechon 1, Recitals and
Findings, and Exhibit 1 of the Interlocal Agreement, creates potenhal ambigwty as to wbether all
m.isdemeanors and uifractions charged wYthin the City hmits would be prosecuted by the County
and Prosecutor for the City, and
WHEREAS, lt is the intent of the Patties to clanfy that the Interlocal Agreement includes
prosecution of all misdemeanor, gross misdemeanor, and uifracuon offenses charged witlun the
corporate limits of the City, except for cases ansuzg from nnolahons of the City's zoning code and
adult entertainment pravistons, wtuch may be handled on an hourly basis upon agreement of the
Parhes, and
NOW, THEREFORE, BE IT HEREBY RESOLYED by the Board of County
Commissioners of Spokane County, pursuant to the prornsions of chapter 39 34 RCW, that either
the chauperson of the Board or a majonty of the Board be and is hereby authonzed to execute that
document enhtled "NiEMOR.ANDUM OF LJNDERSTANDING" wherein the City of Spokane
Valley, Spokane County Prosecutmg Attomey, and County will clanfy that the Interlocal
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Agreement executed among the Parnes on the date and Resolubon Number set forth herein above
so that rt clanfies that the Prosecutor will prosecute all misdemeanor, gross misdemeanor, and
infiachon offenses charged wnttun the corporate lunits of the City, except for cases ansing &om
violahons of the Citys zoiung code and adult entertainment provisions wluch vvill be handled on an
hourly fee bams and except for conshtuhonal challenges to any City Ordinance wluch may be
specifically agreed to by the Prosecutor and City on a case by case basis
PASSED OPTED this /Y~'GI day of 070_rl 2009
01 co~uss
l BOARD OF COUNTY COMMISSIONERS
c~~'~~►~ OF SPOK:ANE, COUNTY, WASHINGTON
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sPA- TOD--VMIELKE, Chmr
ATTEST
CLERK OF THE BOARD A'-..NI
MARIC RICHARD, Vioe-Chair
~ L~a s
DarueIa Enckson 9,o3 33 ONNIE MAGER, CommissioneO
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