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SPUME CO CLERK OF THE B R6R f0.80
Spokane
•
•
Return to: Daniela Erickson, Clerk of the Board
Board of County Commissioners
1116 W. Broadway
•
Spokane, Washington 99260
• INTERLOCAL AGREEMENT FOR PROBATION SERVICES
IN THE CITY OF SPOKANE VALLEY •
. (January 1, 2005—December 31, 2005) s_, O17(6
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, a political
subdivision of the State of Washington, 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."The COUNTY, COURT and CITY agree as follows.
• SECTION NO. 1: RECITALS AND FINDINGS
•
(a) The Board of County Commissioners of Spokane County has the care of County
• property and the management of County funds and business under RCW 36.32.120(6).
(b) Counties and cities may contract with each other to perform certain functions which
••
each may legally perform under chapter 39.34 RCW(Interlace!Cooperation Act).
(c) 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.
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SPOKANE CO CLERK OF THE B RR 10.00 Sppokan eCo,lIR44r'
(d) 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.
(e) Spokane County District Court supervises and oversees a Spokane County District
Court Probation Department. RCW 10.64.120 authorized the Court to levy upon any person
receiving probation services a monthly assessment not to exceed one hundred dollars.
(f) The City of Spokane Valley desires to utilize the services of the Spokane County
District/Municipal Court Probation Department for the purpose of providing probation services as
directed by the Spokane County District/Municipal Court for (i) misdemeanor or gross
misdemeanor offenses constituting a violation of a state statute committed by an adult within the
City of Spokane Valley and/or(ii) a violation of the City of Spokane Valley's ordinances.
SECTION NO. 2: DEFINITIONS
(a) Agreement. 'Agreement" means this Interlocal Agreement between the CITY and
- COUNTY regarding Probation Services.
(b) City: °CITY" means the City of Spokane Valley.
(c) County: "COUNTY" means Spokane County.
• (d) Maintenance and Operations. °Maintenance and Operations" and "M&O" shall
mean (1) 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 RCW so long as such expenditures are directly attributable and proportionate to
services rendered to CITY under the terms of this Agreement.
(e) Services. "Services" means those services identified in Exhibit 1.
(f) Compensation. "Compensation" means that methodology set forth in Exhibit 2
used to establish the amount of money which the CITY will pay the COUNTY for providing
Services.
(g) Capital Improvement. "Capital Improvement" shall mean any expenditure of
$2,000.00 or more. Any such expenditure will be coded as provided for in the BARS-manual
adopted by the State of Washington under RCW 43.88.
(h) Uncontrollable Circumstances: "Uncontrollable Circumstances" means the
following events: riots, wars, civil disturbances, insurrections, acts of terrorism, external fires
and floods, volcanic eruptions, lightning or earthquakes at or near where the Services are
performed and/or that directly affect providing of such Services.
(i) Probation: "Probation" means evaluation and supervision as provided for in
RCW 10.64.120 and ARLJ 11.1.
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SPOKANE CO CLERK OF THE 8 RGR MIA Spokane Co, PR
(j) Court "Court" means the Spokane County Municipal/District Court established
under chapter 3.38 RCW.
SECTION NO. 3: PURPOSE
•
The purpose of this Agreement is to reduce to writing the PARTIES' understanding as to the
terms and conditions under which the COURT will provide Services on behalf of the CITY. It is
the intent of the PARTIES that Services to be provided by the COURT will be consistent with the
CITY'S Council/Manager form of government provided for in chapter 35A.13 RCW.
SECTION NO. 4: DURATION/WITHDRAWAL
• This Agreement shall commence at 12:01 A.M. on January 1, 2005, and run through 12:00 P.M.
December 31, 2005, unless one of the PARTIES provides notice as set forth in.Section 7 of
termination pursuant to Section 14 of this Agreement.
. At the conclusion of the initial term, this Agreement shall automatically be renewed from year to
year thereafter effective January 1s` to December 31 El All renewals shall be subject to all terms
and conditions set forth herein.
Any Party may withdraw at any time from this Agreement for any reason whatsoever upon a
minimum of 180 days written notice as provided for in Section 7 to the other Party.
SECTION NO. 5: COST OF SERVICES AND PAYMENTS
Payment for costs of Services shall be as set forth in Exhibit 2, attached hereto and incorporated
• herein by reference:
SECTION NO. 6: RELATED RESPONSIBILITIES IN CONJUNCTION WITH PROVIDING •
SERVICES •
The COURT or its designee agrees to attend staff meetings as requested by the CITY Manager.
•
The COURT or its designee agrees to meet upon request by the CITY Manager or his/her
designee to discuss any Service provided under the terms of this Agreement.
The CITY agrees the COURT may use the COURT'S stationery in conjunction with providing
Services under the terms of this Agreement. •
i •
SECTION NO. 7: 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 COUNTY or the CITY at the address set forth below for such Party, or at such
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SPOKANE CO CLERK OF THE B AGR $8.08 Spokane Co, WI
other address as either,Party shall from time-to-time designate by notice in writing to the other
Party:
COUNTY: Spokane County Chief Executive Officer
• or his/her authorized representative
• 1116 West Broadway Avenue
Spokane, Washington 99260
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
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
SECTION NO. 8: REPORTING
• Reports —The COURT shall provide the CITY with reports documenting actual usage under this
Agreement at such times as agreed to between the COURT and CITY. The COURT and CITY
agree that the terminology "reports documenting usage" means that type of information provided
by the COURT to the CITY in the 2004 agreement for Services. Such reports shall be in a format
as mutually agreed to between the COURT and CITY. The content and/or format for such reports
may be changed from time-to-time by written agreement between COURT and COUNTY staff.
Records Review — The CITY shall be allowed to conduct random reviews of the records
generated by the COURT in performance of this Agreement. The CITY will provide the COUNTY
with reasonable advance notice of the records reviews. The Parties agree that they will make
best efforts to achieve a resolution of any potential records confidentiality issues, including
entering into confidentiality agreements or other similar mechanisms that will allow disclosure of
the necessary information to accurately conduct a records review.
SECTION NO. 9: 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. 10: ASSIGNMENT
No Party may assign in whole or part its interest in this Agreement without the written approval of
the other PARTY.
•
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SECTION NO. 11: COUNTY EMPLOYEES
• The COURT shall hire, assign, retain and discipline all employees performing Services under this
Agreement according to applicable collective bargaining agreements and applicable state and
federal laws and court rules including but not limited to GR 29.
•
The COURT agrees to meet and confer with the CITY with respect to staff that is assigned to
provide Services. Issues of discipline or performance will be specifically handled according to
COURT policies.
•
SECTION NO. 12: LIABILITY
For the purpose of this Section, the terminology 'COUNTY" shall also include the°COURT.°
(a) The COUNTY shall indemnify and hold harmless the CITY and its officers, agents, and
employees,.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 the
COUNTY, its officers, agents and employees, 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 the CITY, the COUNTY shall defend the same.at its sole cost and
expense; provided that the 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 the
CITY, and its officers, agents, and employees, or jointly against the CITY and the COUNTY and •
their respective officers, agents, and employees, the COUNTY shall satisfy the same.
(b) The CITY shall indemnify and hold harmless the COUNTY and its officers, agents, and
employees, 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 the
• CITY, its officers, agents and employees, 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 the COUNTY, the CITY shall defend the same at its sole cost and
expense; provided that the 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 the
COUNTY, and its officers, agents, and employees, or jointly against the COUNTY and the CITY
•
and their respective officers, agents, and employees,the CITY shall satisfy the same.
(c) If the comparative negligence of the Parties and their officers and employees is a cause of
such damage or injury, the liability, loss, cost, or expense shall be shared between the Parties
in proportion to their relative degree of negligence and the right of indemnity shall apply to such
. proportion.
•
(d) Where an officer or employee of a Party is acting under the direction and control of the other
• Party, the Party directing and controlling the officer or employee in the activity and/or omission
giving rise to liability shall accept all liability for the other Party's officer or employee's
negligence.
•
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(e) Each Party's duty to indemnify shall survive the termination or expiration of the Agreement.
(f) 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.
(g) The COUNTY and the 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 professional liability and auto liability
coverages.
SECTION NO. 13: RELATIONSHIP OF THE PARTIES °
The PARTIES intend that an independent contractor relationship will be created by this
Agreement. The COURT shall be an independent contractor and not the agent or employee of
•
the CITY, that the CITY is interested only in the results to be achieved and that the right to control
the particular manner, method and means in which the services are performed is solely within the
discretion of the COURT. Any and all employees who provide Services to the CITY under this
Agreement shall be deemed employees solely of the COURT. The COURT shall be solely
•
responsible for the conduct and actions of all employees under this Agreement and any liability
that may attach thereto. Likewise, no agent, employee, servant or representative of the CITY
shall be deemed to be an employee, agent, servant or representative of the COURT or COUNTY
for any purpose.
SECTION NO. 14: MODIFICATION
This Agreement may be modified in writing by mutual written agreement of the PARTIES.
SECTION NO, 15: PROPERTY AND EQUIPMENT
The ownership of all property and equipment utilized in conjunction with providing the Services
shall remain with the original owner, unless specifically and mutually agreed by the PARTIES to
this Agreement.
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.
• Probation Contract Page 6 of 11
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SECTION NO. 17: DISPUTE RESOLUTION
•
Any dispute between the COUNTY and CITY which cannot be resolved between the COUNTY
and CITY shall be subject to arbitration. Except as provided for to the contrary herein, such
dispute shall first be reduced to writing and considered by the COUNTY CEO and the CITY
Manager. If the COUNTY CEO and the CITY Manager cannot resolve the dispute it will be
submitted to arbitration. The provisions of chapter 7.04 RCW shall be applicable to any arbitration
proceeding.
The COUNTY and the CITY 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 shall be subject to judicial review as
provided for in chapter 7.04 RCW.
The costs of the arbitration panel shall be equally split between the PARTIES.
The PARTIES acknowledge that the provisions of this section are not applicable to the COURT.
GR 29 precludes the COURT from delegating any of its administrative duties addressed in that
rule to the legislative or executive branches of government. The COURT agrees, however, in the
•
event of a dispute with the CITY to meet and in good faith attempt to resolve the dispute.
SECTION NO. 18: 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. 19: SEVERABILITY
The PARTIES agree 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. 20: RECORDS
All public records prepared, owned, used or retained by the COURT in conjunction with providing
Services under the terms of this Agreement shall be deemed COURT property and shall be made
available to the CITY upon request by the CITY Manager subject to the attorney client and
attorney work product privileges set forth in statute, court rule or case law. The COURT will notify
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the CITY of any public disclosure request under chapter 42.17 RCW for copies or viewing of such
• records as well as the COUNTY'S response thereto.
SECTION NO. 21: 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. 22: TIME OF ESSENCE OF AGREEMENT
Time is of the essence of this Agreement and in case any Party fails to perform the obligations
on its part to be performed at the time fixed for the performance of the respective obligation by
the terms of this Agreement, the other Party may, at its election, hold the other Party liable for
all costs and damages caused by such delay.
•
SECTION NO. 23: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY
A delay or interruption in or failure of performance of all or any part of this Agreement resulting
from Uncontrollable Circumstances shall be deemed not a default under this Agreement.
A delay or interruption in or failure of performance of all or any part of this Agreement resulting
from any change in or new law, order, rule or regulation of any nature which renders providing
of Services in accordance with the terms of this Agreement legally impossible, and any other
circumstances beyond the control of the COUNTY/COURT which render legally impossible the
performance by the COUNTY/COURT of its obligations under this Agreement, shall be deemed
not a default under this Agreement.
SECTION NO. 24: FILING
This Agreement shall be filed by the COUNTY with such offices or agencies as required by
chapter 39.34 RCW.
SECTION NO. 25: EXECUTION AND APPROVAL
The PARTIES warrant that the officers executing below have been duly authorized to act for
and on behalf of the Party for purposes of confirming this Agreement.
SECTION NO. 26: INITIATIVES
The PARTIES recognize that revenue-reducing initiative(s) passed by the voters of Washington
i• may substantially reduce local operating revenue for the CITY, COUNTY or both PARTIES. The
PARTIES agree that it is necessary to have flexibility to reduce the contracted amount(s) in this
•
Agreement in response to budget constraints resulting from the passage of revenue-reducing
! initiative(s). If such an event occurs, the PARTIES agree to negotiate in good faith to achieve a
mutually agreeable resolution in a timely fashion.
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SECTION NO. 27. COMPLIANCE WITH LAWS
•
The PARTIES shall observe all federal, state and local laws, ordinances and regulations, to the
• extent that they may be applicable to the terms of this Agreement.
SECTION NO. 28: DISCLAIMER
Except as otherwise provided, this Agreement shall not be construed in any manner that would
limit either Party's authority or powers under laws.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on •
date and year opposite their respective signatures.
DATED: 3/1P0a5 BOARD OF COUNTY COMMISSIONERS •
OF SPOKANE . OUNTY, WASHINGTON
• dirle.o. HARRIS, Chairman
ATTEST:
CLERK OF THE BOARD
•
TODD MIEVice-Chairman
•
-4 � .c
SENT
Daniela Erickson MARK RICHARD, Commissioner
DATED: SPOKANE COUNTY
° DIS T/MUNI IPA T
By: t?J
Judge Mike Padden
Its: Presiding Judge
DATED: /.�, , ' /s- CITY OF SPOKANE VALLEY:
A /
Lir
David Mercier, City Manager
istine Bainbridge, City Clerk
APPROVED AS TO FORM ONLY:
oary P. Driskell, Uepputy City Attorney
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EXHTth fl
Probation Services shall include, but not be limited to, case management as directed by the
•
•• Spokane County District Court for gross misdemeanor or misdemeanor offenses constituting a •
violation of a state statute and/or of the City's ordinances committed by an adult within the City of
Spokane Valley.
•
•
Case management includes the monitoring of cases in pre-trial status, providing supervision and
•
monitoring of sentenced offenders, and supervision and monitoring of offenders whose cases are
on a deferred status;
•
Monitoring includes meeting with the offenders, reviewing the court's probation orders, consulting
with various service providers another criminal justice entities, tracking criminal activity, and
• referral for appropriate services. -
•
Probation Services shall also include verification of an offenders' compliance or non-compliance to
COURT.
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EXHIBIT 2
The COURT establishes probation fees under RCW 10.64.120. These fees are imposed upon all
• individuals whose cases are assigned by COURT to receive Probation Services. The fees are
collected from defendants placed on probation.
• CITY shall not pay COUNTY or COURT for any Probation Services provided by COURT through
the Court under the terms of this Agreement. Instead,the CITY agrees that the COURT, through
Spokane County Probation Services Department, may impose and collect those fees deemed
• appropriate by COURT under RCW 10.64.120 from individuals receiving probation services.
Additionally the CITY agrees that the COURT/COUNTY shall retain any and all fees collected
from individuals participating in such program that are imposed during the term on this
Agreement. In the event that this Agreement is terminated or not renewed, the CITY agrees that
any probation service fees ultimately collected by the COURT or other collection body that were
imposed during the term of this Agreement shall be turned over to the COUNTY/COURT.
The COUNTY and CITY acknowledge that from January 1, 2005, through the date(s) of the
execution of this Agreement, they had been using a different methodology to compensation the
COURT for providing Probation Services to the CITY. That methodology was set forth in an
agreement entitled "Intertocal Agreement for Probation Services for the City of Spokane Valley
(April 1, 2003-December 31, 2004)," hereinafter referred to as the "Intertocal Agreemment,"
executed under Spokane County Resolution No. 2004-0042. That Interlocal Agreement
• terminated December 31, 2004. Upon termination, the COUNTY and CITY agreed to continue to
• use the same methodology to compensate the COURT for Probation Services until a new
• agreement was executed.
•
Accordingly, the COUNTY and CITY.agree that as the date of this last signatory of this
Agreement, the new methodology set forth herein shall supersede the methodology within the
Interlocal Agreement.
•
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S 0716
NO.
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY,WASHINGTON
IN THE MATTER OF EXECUTING AN )
INTERLOCAL AGREEMENT FOR PROBATION ) RESOLUTION
SERVICES WITH THE CITY OF SPOKANE )
VALLEY(January 1, 2005-December 31,2005) )
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners of Spokane County(sometimes hereinafter referred to as the "Board") has the care
of County property and the management of County funds and business; and
WHEREAS, pursuant to the provions of chapter 39.34 RCW; counties and cities may
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 arc
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, Spokane County District Court supervises and oversees a Spokane County
District Court Probation Department. RCW 10.64.120 authorized the Court to levy on any person
receiving probation services a monthly assessment not to exceed one hundred dollars; and
WHEREAS, The City of Spokane Valley desires to utilize the services of the Spokane
County District/Municipal Court Probation Department for the purpose of providing probation
services as directed by the Spokane County District/Municipal Court for (i) misdemeanor or gross
misdemeanor offenses constituting a violation of a state statute committed by an adult within the
City of Spokane Valley and/or(ii) a violation of the City of Spokane Valley's ordinances.
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Spokane County, pursuant to the provisions of RCW 36.32.120(6) and chapter 39.34 RCW, that
either the chairman of the Board of County Commissioners or a majority of the Board be and are
hereby authorized to execute that agreement entitled "INTERLOCAL AGREEMENT FOR
PROBATION SERVICES IN THE CITY OF SPOKANE VALLEY (December 1, 2005-
December 31,2005)" pursuant to which under certain tems and conditions, the Spokane County
District/Municipal Court Probation Department will provide probation services as directed by the
Spokane County District/Municipal Court for (i) misdemeanor or gross misdemeanor offenses
Page 1 of 2
constituting a violation of a state statute committed by an adult within the City of Spokane Valley
and/or(ii) a violation of the City of Spokane Valley's ordinances. The consideration for providing
such services will be the County retaining the probation fees imposed and collected under RCW
10.64.120 for City defendants placed probation.
•
PASSED AND ADOPTED this‘17ay of %Itez.4172005.
.',,,,,z, 44 BOARD OF COUNTY COMMISSIONERS
A4.` er r '' ,
' 0 �,�g� OF SPOKANE COUNTY, WASHINGTON
i , 4.-. '^ S
� • /_r��/'�
,4,,�`�• ,sr.�I,.•••• 4r 1 r 017' 4 s, Chair
ATTEST: ��, con �>
CLERK.OF THE BOA.`r.---------
, 6,, ---564.-
6.,,,,,:te„)„.52,,,,,.,/ir, Todd Mielke, Vice-Chair
Daniela Erickson
__ABSENT____
Mark Richard, Commissioner
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