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06-016 Pretrial Services • Return to: Daniela Erickson,Clerk of the Board Board of County Commissioners • 1116 W. Broadway Spokane,Washington 99260 • iNTERLOCAL AGREEMENT FOR PRETRiAL SERVICES LET THE CITY OF SPOKANE VALLEY (January 1,2005—December 31,2005) , 6 0193 THiS AGREEMENT, made and entered into by and between 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 "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 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(Interlocal Cooperation Act). (c) Pursuant to the provisions of 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. (d) The County has established the Office of Pretrial Services. The Office of Pretrial Services performs various services including the processing of Public Defender applications in order to make a determination of indigency for both Spokane County District Court_ (e) The City of Spokane Valley desires to utilize the services of the Spokane County Office of Pretrial Services for the purpose of processing Public Defender applications in order to make a determination of indigency where the charge is 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. lnterlocal Agreement,Pretrial Services Page 1 of 12 C06-16 SECTION NO.2: DEFINITIONS (a) Agreement: "Agreement" means this Interlocal Agreement between the CiTY and COUNTY regarding pretrial 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 (I) 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 I. (t) 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 in excess of $1999.99 or such higher figure as set by the COUNTY as the capitalization threshold during the term of the Agreement. The COUNTY shall give the CITY advance notice of any increase in the capitalization threshold. The PARTIES agree to meet and discuss the impacts of any change in the capitalization threshold which will cause an increase of costs to the CITY in excess of $50,000.00. 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) Report: "Report" means the District Court's record management system commonly referred to as Misdemeanor Public Defender DC Cases by Location. (j) OPTS: "OPTS"means the Office of Pretrial Services created by Spokane County. 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 COUNTY will provide Services on behalf of the CITY. it is the intent of the PARTIES that Services to be provided by the COUNTY will be consistent with the CITY 'S Council/Manager form of government provided for in chapter 35A.13 RCW. SECTION NO.4: DURATIONAVITi:IDRAWAL This Agreement shall commence on January 1,2005,and run through December 31,2005. interloc•al Agreement, Pretrial Services Page 2 of 12 • At the conclusion of the initial term, this Agreement shall automatically be renewed from year to year thereafter effective January iS' to December 31st' All renewals shall be subject to all terms and conditions set forth herein except for Exhibit 2. The PARTIES recognize it highly unlikely that Exhibit 2 setting forth the estimated costs for each year's Services will be available at the start of any renewal time frame. Accordingly, until a new Exhibit 2 has • been prepared and agreed to between the PARTIES, the PARTIES agree that the COUNTY will bill the CITY and the CITY will pay the COUNTY at the same monthly payment rate used for the previous year. Upon the PARTIES agreement on a new Exhibit 2, the CITY and COUNTY will reconcile payments to date under the previous year's payment schedule with the new payment schedule. Any underpayment for any Services will be due in the first payment due following reconciliation. Any overpayment for any Services will be credited to the first monthly payment due following the reconciliation. The PARTIES agree that no interest shall be owing by either Party to the other Party for any overpayment or underpayment determined as a result of the reconciliation. • 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 The CiTY shall pay the COUNTY the actual costs for Services provided under this Agreement. The estimated cost for 2005 Services under this Agreement shall be as set forth in Exhibit 2, attached hereto and incorporated herein by reference: This methodology uses the last six(6)months of Report numbers for 2003 and first six(6)months of Report numbers for 2004 and averages them for a twelve(I 2)month time frame. The resulting number is used as a basis to estimate the 2005 cost of Services. The COUNTY CEO shall advise the CITY Manager as soon as possible of any anticipated or unanticipated capital improvement costs that arise during the contract period. The City shall pay capital improvement costs either (1) under the Cost Allocation Plan as an indirect cost amortized over the useful life of the improvement utilizing straight-line depreciation and incorporating the expected salvage value of the improvement at the end of its useful life or(2)as a direct cost in the form of a contribution made to the Equipment Rental and Revolving Fund. The CiTY shall be responsible only for capital improvement costs incurred after March 31, 2003. Any portion of a capital improvement that was paid for or acquired through separate agreement or with grant proceeds, bond proceeds, user fees,donations, or any other acquisition method that reflects a contribution on behalf of CITY shall not he included in the depreciation schedule applied to the CITY. Any capital improvement for which the COUNTY seeks reimbursement from the CiTY must be necessary to fulfill the requirements of this Agreement. At the end of the calendar year, using the methodolqw set forth in Exhibit 2, the PARTIES shall apply the actual expenditures and the actual usage percentage to determine the final cost. it is the PARTIES intent that any adjustment take place as soon as possible and accordingly will use their respective best efforts to timely prepare, disseminate and review all expenditure documentation. The CITY will have sixty (60) calendar days from its receipt of the expenditure documentation to provide the COUNTY with any written objections(s) to such documentation. The written objection(s) must specifically identify the expenditure(s) in question. The COUNTY agrees to consider all written objections received from the CITY within thirty (30) calendar days of receipt of the objections(s). In the event that the PARTIES cannot mutually resolve any written objection(s) submitted by the CITY within the thirty (30) calendar days time frame, or such other time frame as the PARTIES may mutually agree, the objections shall be resolved pursuant to the interlocal Agreement: Pretrial Services Page 3 of 12 Dispute Resolution provisions set forth in Section No. 17. Pending resolution of the objections(s), the PARTIES agree that the CITY shall pay that portion of the bill that is undisputed. To the extent that the CITY was over billed in any year and the Agreement is still in effect, the COUNTY shall credit the CITY for such overpayment in the next monthly payment owning by the CITY. Provided, however, in the event the Agreement is terminated at such time that the overpayment is determined; the COUNTY shall reimburse the CITY for any overpayment within thirty (30) calendar days. To the extent that the CITY was under billed in any year and the Agreement is still in effect,the CITY shall reimburse the COUNTY for any underpayment in the next monthly payment owing by the CITY. Provided, however, in the event the Agreement is terminated at such time that the underpayment is determined, the CITY shall reimburse the COUNTY for any underpayment within thirty(30)calendar days. Either Party may at its sole option charge interest on any overpayment or underpayment based on lost interest earning had the amount determined due been invested in the respective PARTIES investment pool at the end of the thirty(30) day time frame provided for hereinabove to the date of payment. Any resolution of a disputed amount: through use of the arbitration process identified in Section 17 shall include at the request of either Party, a determination of whether interest is appropriate, including the amount. The COUNTY will bill the CITY for the cost of services as outlined, monthly, by the 15th of the month. Monthly payments will be calculated by dividing those annual costs set forth herein above by twelve (12). Payments by the CITY will be due by the 5th day of the following month. The COUNTY, at its sole option, may charge interest on any late payment calculated on any lost interest earning had the amount due been invested since the date due to the date of payment in the COUNTY's investment pool. SECTION NO. 6: RELATED RESPONSIBILI.TEES IN CONJUNCTION WITH PROVIDING SERVICES The COUNTY or its designee agree to attend staff meetings as requested by the CITY Manager. The COUNTY or its designee agree 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 COUNTY may use the COUNTY'S stationery in conjunction with providing Services under the terms of this Agreement. • 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 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 1 116 West Broadway Avenue Spokane, Washington 99260 Interlocal Agreement, Pretrial Services Page 4 of 12 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.8: REPORTING Forts — The COUNTY shall provide the CITY with reports documenting actual usage under this Agreement. The Parties agree that the terminology "reports documenting actual usage" means that type of information provided by the COUNTY to the CITY in the 2004 agreement for Services. An updated report shall be submitted quarterly unless otherwise mutually agreed by the Parties. Such reports shall be in a format as mutually agreed to between the Parties. The content and/or format for such reports may be changed from time-to-time by written agreement between CITY and COUNTY staff. Records Review—The CITY shall be allowed to conduct random reviews of the records generated by the COUNTY 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. If the CITY will be allowed to view only those records directly relating to Services provided within CITY's corporate boundaries, then the COUNTY must keep a log of original documents used to charge the CITY, and those documents must have identifying numbers or letters so the original source documents can be easily retrieved. 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. SECTION NO. 11: COUNTY EMPLOYEES The COUNTY 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. The COUNTY 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 COUNTY policies. SECTION NO. 12: LlA I3JLITY (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 lnterlocal Agreement,Pretrial Services Page 5 of 12 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. (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 PARIS 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 policies of insurance covering the matters contained in this Agreement with coverages of not less than S5,000,000 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 COUNTY 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 COUNTY. Any and all employees who provide Services to the CITY under this Agreement shall be deemed employees solely of the COUNTY. The COUNTY 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 COUNTY for any purpose. Interlocal Agreement, Pretrial Services Page 6 of 12 • 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 otherwise specifically and mutually agreed to by the PARTIES to this Agreement. For the purpose of this section, the terminology "owner" means that Party which paid the full purchase price for the property or equipment. 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. SECTION NO. 17: DISPUTE RESOLUTION Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing. 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. SECTION NO. 18: VEN1JF.. 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 PARTi.ES 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 tnterlocal Agreement, Pretrial Services Page 7 of 12 • • 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 COUNTY in conjunction with providing Services under the terms of this Agreement shall be deemed CITY 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 COUNTY will notify 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 either 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 which render legally impossible the performance by the COUNTY 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. lnterlocal Agreement, Pretrial Services Page 8 of 12 SECTION NO. 26: INITIATIVES The PARTIES recognize that revenue reducing initiative(s) passed by the voters of Washington 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. 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 law. SECTION NO.29: ASSURANCE The CITY shall pay the COUNTY the true and full cost of all Services provided under this Agreement. . The intent of the Parties is that neither Patty will subsidize the other and that the CITY will not subsidize any other jurisdiction that is receiving similar services. IN WITNESS WHEREOF,the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED:MCiMN._\ , �� Q BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON po z.covti.o�Y I 1►i ODD MIELKE Chair ATTEST: �;40 �,c. 'i ABSENT 0 4 , Clerk of the Board ; m �0, • t, ARK RICHARD, Vice-Chair AL. L._.. ;.L4, . sue:. . % �/�,r Daniela Erickson t‘``, .__ //- _-�a ..„ ... `• -1I LIP D. " S,Commissioner DATED: J h` &' CITY OF SPOKANE VALLEY ___ao,Mz..tzLeo A%1°1 David Mercier, City Manager Christine Bainbridge,City Clerk APPROVED AS T FORM ONLY: 0 CP .air I Office of ' City Atto Interlocal Agreement, Pretrial Services Page 9 of 12 • EXHIBIT 1 RCW 10.101.020(1) provides that a determination of indigency shall be made for all persons wishing the appointment of counsel in criminal cases where the right to counsel attaches and that the Court shall determine whether the person is indigent pursuant to the standards set forth in chapter 10.101 RCW. COUNTY through the Office of Pretrial Services("OPTS")will process indigene),applications fir CITY in instances where the charge is 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 and/or where the charge is for a violation of a City of Spokane Valley ordinance punishable as a misdemeanor or gross misdemeanor. Pretrial Services shall be provided in the OPTS office, Spokane County Jail, or in the courtroom at the request of a Spokane County District Court Judge. In the event the PARTIES request Services be provided at a location other than those provided for herein, the PARTIES agree to meet and mutually negotiate any and all increased/decreased costs to COUNTY in providing such Services at such additional location(s). CITY further recognizes that a change in working location is a change in `working conditions." COUNTY will need to negotiate changes in working locations with affected bargaining units. • Interlocal Agreement, Pretrial Services Page 10 of 12 • EXHIBIT 2 • Component A — Component B Component C Component D Percentage of Budget 2005 Pre-Trial Dedicated to Percentage Service Adopted Budget * Misdemeanor Spokane Contract Services ** Valley *** Amount Salary 317,774.00 103,819.42 28.37% 29,449.80 M &O 10,444.00 3,412.14 28.37% 967.90 Capital - - - Indirect - - 11,291.05 Costs **** 328,218.0011 107,231.561 41,708.75 U _ _ Notes *Component A represents Pre-Trial Services'2005 adopted budget. **The Percentage of Pre-Trial Services budget dedicated to Misdemeanor Services is 32.67%for salary arid M &O. ***The percentage of Pre Trial Service Misdemeanor Cases attributable to the Spokane Valley is 28.37%based upon the results of Pre- Trial statistics(April - Dec 2004). ****The Indirect(Overhead)rate of 38.34% is based on Spokane County's OMB A-87 Cost Plan Escalated 2003 for 2005, adjusted to only include depreciation of capital improvements acquired • after the City's official date of incorporation, prepared by PRIM Group, an independent plan preparer. • Interlocal Agreement, Pretrial Services Page I I of 12 Spokane County Pre-Trial Services Workload Percentages Felony Felony Misdemeanor Spokane Valley Misdemeanor 2004 Applications * OR Cases Total Cases April 455 539 634 1,628 187 May 454 558 638 1,650 184 June 419 502 492 1,413 134 July 420 512 457 1,389 143 August 470 546 514 1,530 168 September 447 556 405 1,408 105 October 459 586 428 1,473 110 November 471 553 410 1,434 118 December 496 602 411 1,509 96 Total 4,091 4,954 4,389 13,434 1,245 Percentage of Cases Attributed to Felony (app/or) and Misdemeanor(based on 9 months activity) Felony 67.33% Misdemeanor 32.67% 100.00% Percentage of Misdemeanor Cases Attributed to Spokane Valley(based on 9 months activity) Spokane Valley 28.37% Other 71.63% • 100.00% Note in order to determine the percentage of Pre-Trial Service's budget applicable to Felonies and Misdemeanors, statistics for Felony applications, Felony OR's and Misdemeanor cases will be used. Once a Felony application is taken Superior Court has 72 hours to file a complaint. If a complaint is not filed, the case is closed. Once the case is closed Superior Court can file a complaint any time within the next 3 years. Therefore,the use of applications, not cases, is more •reflective of the time and effort involved in the processing of a potential felony case. A Felony OR evaluation is performed after the complaint is filed. Therefore, the OR.evaluations also should be included in the calculation determining the percentage of Felony budget and Misdemeanor budget. With misdemeanors every case is a filed case. Interlocal Agreement, Pretrial Services Page 12 of 12 •