06-016.02 Spokane County: Pretrial Services O%- D K O 2_
NO. 21 - 0540
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY,WASHINGTON
IN THE MATTER OF AUTHORIZING THE )
EXECUTION OF A 2021 ADDENDUM TO )
THE INTERLOCAL AGREEMENT )
BETWEEN SPOKANE VALLEY AND ) RESOLUTION
SPOKANE COUNTY RELATING TO THE )
PROVISION OF PRETRIAL SERVICES AND )
OTHER MATTERS RELATED THERETO )
[Resolution No.06-0193] )
WHEREAS, pursuant to the Constitution and laws of the State of Washington, Spokane County,
Washington is a class A county duly organized and existing;and
WHEREAS, pursuant to the provisions of RCW 36.01.030, the powers of Spokane County can
only be exercised through the Board of County Commissioners of Spokane County, Washington("Board"
or"Board of County Commissioners");and
WHEREAS, pursuant to the provisions of the 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 the provisions of chapter 39.34 RCW ("Interlocal Cooperation Act"),
counties and cities may contract with each other to perform certain functions 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, Spokane County has established the Office of Pretrial Services, which office performs
various services, including the processing of Public Defender applications in order to make a determination of
indigency for Spokane County District Court;and
WHEREAS, pursuant to the above recitals, Spokane County and the City of Spokane Valley
("Parties") executed a document under Spokane County Resolution No. 06-0193 entitled "INTERLOCAL
AGREEMENT FOR PRETRIAL SERVICES IN THE CITY OF SPOKANE VALLEY (January 1, 2005
— December 31, 2005)" ("Agreement") pursuant to which, under certain terms and conditions, Spokane
County, through the Office of Pretrial Services, agreed to provide certain pretrial services for the City of
Spokane Valley in conjunction with processing Public Defender applications in order for the Court to make
a determination of indigency where the charge was for a violation of a state statute punishable as a
misdemeanor or gross misdemeanor offense committed by an adult within the jurisdiction of the City of
Spokane Valley and/or the charge is for a violation of a City of Spokane Valley ordinance punishable as a
misdemeanor or gross misdemeanor. The Agreement commenced as of January lS' and ran through
December 31' of each year. The Agreement was subject to automatic annual renewals, the ability of any
party to terminate on 180 days written notice, and annual fees to be determined based on a methodology set
forth in the Agreement;and
WHEREAS, the Parties desire to amend the Agreement to incorporate misdemeanor first
appearance evaluations (currently provided for misdemeanor DUI and Domestic Violence Cases) as an
additional identified service within the Agreement. This service has been provided since 2011 and was
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included in the 2011-2014 settle and adjust addressed in the Agreement. Although the service was
addressed in the settle and adjust, it was not identified as a service. The City of Spokane Valley has
requested that the Agreement be amended to specifically incorporate misdemeanor first appearance
evaluations (currently provided for misdemeanor DUI and Domestic Violence Cases) as an additional
identified service in the Agreement making it retroactive to the 2011-2014 time frame,the pending 2015-
2020 adjust and settle,and 2021 prospectively.
WHEREAS,the Spokane County Budget and Finance Office has recommended approval of an
amendment to the Agreement as identified above.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners
of Spokane County, Washington that either the Chairman of the Board, or a majority of the Board,be and
is hereby authorized to execute that document entitled "2021 ADDENDUM TO THE INTERLOCAL
AGREEMENT BETWEEN SPOKANE VALLEY AND SPOKANE COUNTY RELATING TO THE
PROVISION OF PRETRIAL SERVICES AND OTHER MATTERS RELATED THERETO" pursuant
to which, Spokane County and the City of Spokane Valley will amend that agreement executed under
Spokane County Resolution No 06-0193 and entitled "INTERLOCAL AGREEMENT FOR PRETRIAL
SERVICES IN THE CITY OF SPOKANE VALLEY (January 1, 2005 — December 31, 2005)" to
incorporate misdemeanor first appearance evaluations (currently provided for misdemeanor DUI and
Domestic Violence Cases)as an additional identified service within the Agreement. This service has been
provided since 2011 and was included in the 2011-2014 settle and adjust addressed in the Agreement.
Although the service was addressed in the settle and adjust, it was not identified as a service. The City of
Spokane Valley has requested that the Agreement be amended to specifically incorporate misdemeanor
first appearance evaluations (currently provided for misdemeanor DUI and Domestic Violence Cases) as
an additional identified service in the Agreement, making it retroactive to the 2011-2014 time frame, the
pending 2015-2020 adjust and settle,and 2021 prospectively.
PASSED.��..„ADOPTED this �/Lday of V (,(, „2021.
_ y J
aO of .... 0 ,�to BOARD OF COUNTY COMMISSIONERS
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'.604EC0'',d`�' % OF SPOKANE,COUNTY, WASHINGTON
I aI•;`h • 700,
�m�'f • 5E4� P JOSH KERNS,Chair
tt �FOOUN'll'-=
ATTEST: %►...-' �
CLERK OF THE BOARD
MARY L. Y, Vice Chair
VCI,A-1A7)r— &6 —/i/4t—CIL
inna Vasquez AL FRENCH,Commissioner
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01,0- DIc,-02_
2021 ADDENDUM TO THE INTERLOCAL AGREEMENT BETWEEN
SPOKANE VALLEY AND SPOKANE COUNTY RELATING TO THE
PROVISION OF PRETRIAL SERVICES AND OTHER MATTERS RELATED
THERETO
THIS ADDENDUM, is made and entered into by and between the City of Spokane
Valley (hereafter referred to as "City") and Spokane County (hereafter referred to as
"County"),hereafter jointly referred to as"the Parties"; and
WHEREAS, pursuant to chapter 39.34 RCW (Interlocal Cooperation Act), the
Parties have entered into numerous interlocal agreements whereby County is obligated to
provide services to City and its residents; and
WHEREAS, this Addendum applies to the "Interlocal Agreement for Pretrial
Services in the City of Spokane Valley(January 1, 2005-December 31, 2005)executed by
the City on March 1, 2006 and the County on March 14, 2006 ("the Agreement"); and
WHEREAS, Washington State Court Rules, Criminal Rules for Courts of Limited
Jurisdiction 3.2(CrRLJ 3.2)addresses various rules pertaining to the release of the accused
pending trial; and
WHEREAS,the Spokane County District Court is assisted by the Office of Pretrial
Services to ensure the Court's compliance with CrRLJ 3.2; and
WHEREAS, the Office of Pretrial Services provides first appearance evaluations
for misdemeanor defendants for the purposes of providing an impartial investigative report
for the Court,prior to a defendant's first appearance,to assist the Court in making a prompt,
informed release or detention decision; and
WHEREAS,the Parties desire to amend the Agreement with retroactive application
for the period 2011-2014 during which time the City received misdemeanor evaluation
services, and encompasses a period that has been reconciled to actual costs; and
WHEREAS,the Parties desire to amend the Agreement with retroactive application
for the period 2015-2020 during which time the City received misdemeanor evaluation
services, and encompasses a period that has not been reconciled to actual costs; and
WHEREAS,the City desires to continue to utilize the Office of Pretrial Services to
provide misdemeanor first appearance evaluations to Spokane Valley defendants effective
beginning in 2021.
NOW THEREFORE, for and in consideration of the mutual promises set forth
hereinafter,and as provided for in the underlying agreement between the Parties,the Parties
do hereby agree as follows:
Page 1 of 3
SECTION ONE: MISDEMEANOR FIRST APPEARANCE EVALUATIONS
SCOPE OF CHANGE - The scope and purpose of this Addendum to the Interlocal
Agreement for Pretrial Services in the City of Spokane Valley(January 1,2005-December
31, 2005) is to incorporate misdemeanor first appearance evaluations (currently provided
for misdemeanor DUI and Domestic Violence cases) as a new service within the
Agreement.
The City's share of this new service will be captured by incorporating misdemeanor
evaluations within the existing usage metrics outlined in Exhibit 2. This Addendum applies
retroactively to the calendar years 2011-2014, which includes years that have been
reconciled to actual costs. The purpose of this retroactive application is to ensure that the
services that were reconciled to actual costs are for services officially authorized by the
Parties. This Addendum further applies retroactively to the calendar years 2015 - 2020,
which includes years that have not been reconciled to actual costs. The purpose of this
retroactive application is to recognize that the services were provided to the City during
this period. This Addendum is also effective beginning in 2021 and is subject to the
automatic annual renewal provisions contained within the Agreement.
Exhibit 1 of the Agreement shall be amended by adding the following highlighted language
as new paragraphs following the existing provisions:
Washington State Court Rules, Criminal Rules for Courts of Limited
Jurisdiction 3.2 (CrRLJ 3.2) addresses various rules pertaining to the
release of the accused pending trial.
COUNTY though the OPTS will prepare first appearance evaluations for
misdemeanor defendants for the purposes of providing an impartial
investigative report for the Court, prior to a defendant's first appearance,
to assist the Spokane County District Court in making a prompt, informed
release or detention decision.
SECTION TWO: DURATION - This Addendum shall be in full force and
effect on the Agreement for the remaining term of the Agreement, or any extension of that
Agreement.
SECTION THREE: REMAINDER OF INTERLOCAL AGREEMENT TO
REMAIN THE SAME - The remaining provisions of the Agreement will remain
unchanged by this Addendum.
THE PARTIES have caused this Addendum to be executed on the date immediately
above their signatures.
Page 2 of 3
Dated this/76/slay of 141AI LL s'7, , 2021.
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY,WASHINGTON
�_ ...,\\‘
of M \\• JO H KERNS, Chair
COMA,
% Q",•'OBE� /��/ i1� /
i m:,, 0 G?+'•-m ••
• 3 -I ` : MARY EY, 'ce-Chair
lc 1t 1% court' AL FRENCH, Commissioner
Attest:
CLERK OF THE BOARD
Ginna Vasquez
21 - 0540
i
Dated this �"day of I , 2021.
CIT F SPOK^^ADDNE VALLEY
cLeor_.,
Mark Calhoun, City Manager
Approved as to form only:
iOfthe Ci ttorney
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