2003, 02-27 Special Meeting/� CITY OF SPOKANE VALLEY
`Skr CITY COUNCIL, AGENDA — SPECIAL M} ET1NG
CALL TO ORDER
CITY HALL AT REDWOOD PLAZA
11707 East Sprague Avenue, First Floor
Spokane Valley, Washington
Thursday February 27, 2003, 6:00 p.m.
THE FOLLOWING ITEMS ARE SCHEDULED FOR WORKSHOP REVIEW
AND POSSIBLE ACTION
A) Ordinances — First Reading
1) Agenda Bill No. 2003 -041, Employee Personnel Policies and Benefits
(Ordinance No. 44) (PUBLIC COMMENT ON ORDINANCE. NO. 44)
B) Resolutions
1) Agenda Bill No.
(Resolution No.
2) Agenda Bill No.
(Resolution No.
3) Agenda Bill No.
(Resolution No.
4) Agenda Bill No.
(Resolution No.
2003 -042, Substitute Social Security Program
03 -020) (PUBLIC COMMENT ON RESOLUTION NO. 03.020)
2003 -043, Deffered Compensation Program
03 -019) (PUBLIC COMMENT ON RESOLUTION NO. 03-019)
2003 -044, Public Employees' Retirement System
03 -018) (PUBLIC COMIiMIT.NT ON RESOLUTION NO. 03-018)
2003 -045, Employhee Insurance and Health Benefits
03 -015) (PUBLIC COMMENT ON RESOLUTION NO. 03-015)
CITY MANAGER AND STAFF REPORTS
PUBLIC COMMENTS (Maximum of three minutes Please; state your name, address and subject for the record)
ADJOURNMENT — To Study Session
FUTURE SCHEDULE
A) Mar. 4, 2003, Council Study Session, 6:00 p.rn., City Hall
B) Mar. 6, 2003, Council Special Meeting, 6:00 p.nr., City Hall
C) Mar. 11, 2003, Council Regular Meeting, 6:00 p.m., Community Center
D) Mar. 11, 2003, Public Hearing, Zoning /Comp Plan, 6:00 p.m. Comm. Ctr.
E) Mar. 18, 2003, Council Study Session, 6:00 p.m., City Hall
F) Mar. 25, 2003, Council Regular Meeting, 6:00 p.m., City Hall
G) Apr. 15, 2003, File Public Disclosure Reports
NOTE: AT COUNCIL STUDY SESSIONS, THERE WILL BE NO PUBLIC COMMENTS, EXCEPT
COUNCIL RESERVES THE RIGHT TO REQUEST INFORMATION FROM THE PUBLIC AND STAFF
AS APPROPRIATE
SUBJECT DISCUSSION ACTIVITY DISCUSSION GOAL
LEADER
Administration Stan McNutt
Administration Stan McNutt
Administration Stan McNutt
Administration Stan McNutt
Administration Stan McNutt
Study Session Agenda, Feb. 27, 2003
CITY OF SPOKANE VALLEY
CITY COUNCIL WORKSHEET — STUDY SESSION
CITY HALL AT REDWOOD PLAZA
11707 East Sprague Avenue, First Floor
Spokane Valley, Washington
Thursday, February 27, 2003, 6:00 p.m.
Municipal Court interlocal agreement, Spokane
County (15 minutes)
Prosecutor Services interlocal agreement, Spokane
County (15 minutes)
Public Defender interlocal agreement, Spokane
County (15 minutes)
Jury Management interlocal agreement, Spokane
County (15 minutes)
Law Enforcement services interlocal agreement,
County (15 minutes)
Approval? Agenda?
Approval? Agenda?
Approval? Agenda?
Approval? Agenda?
Agenda — Mar. 6, 2003
1
Council Stan McNutt Retreat Goals Summary Review Information
Council Stan McNutt Governance Manual Report Information
Study Session Agenda, Feb. 27, 2003 2
Return to:
Daniela Erickson Spokane Valley Contract
Clerk of the Board No. CO3 -12
1116 West Broadway Approved:
Spokane, Washington 99260
1NTERLOCAL AGREEMENT FOR PUBLIC DEFENDER 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 Public
Defender, having offices for the transaction of business as 1033 - West Gardner, Gardner Court
Building, Spokane Washington 99260 -0280, hereinafter referred to as "PUBI..IC DEFENDER,"
Spokane County, having offices for the transaction of business at West 1116 Broadway Avenue,
Spokane, Washington 99260, hereinafter referred to as "BOARD," together sometimes referred to
along with the PUBLIC DEFENDER 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 "C.TTY," jointly hereinafter referred to as the "PARTIES."
WITNESSETH:
WHEREAS, pursuant to the provisions of 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 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 continence
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 transferred
from Spokane County to the City of Spokane Valley; and
WHEREAS, chapter 39.34 RCW (lnterlocal Cooperation Act), authorizes counties and
cities to contract with each other to perform certain functions which each may legally perform; and
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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 prosecution of misdemeanor and gross misdemeanor offenses
which are violations of state statutes that occur within its jurisdiction and that are committed by
adults, and /or juveniles for traffic offenses pursuant to RCW 13.04.030(1)(e)(iii), as well as
misdemeanor or gross misdemeanor offenses which are a violation of City of Spokane Valley
ordinances and committed by adults, and /or juveniles for traffic offenses pursuant to RCW
13.40.030(1.)(e)(iii); and
WI{ERE-AS, the City of Spokane Valley desires to utilize the services of the Spokane
County Public Defender for the purpose of (1) representing indigents where the initial charge is a
State misdemeanor or gross misdemeanor offense committed by an adult, and/or a juvenile for a
traffic offense pursuant to RCW 13.40.030(1)(e)(iii), and occurring within the City of Spokane
Valley; and /or (2) representing indigents where the initial charge is a CITY misdemeanor or gross
misdemeanor and referred to the Spokane County Public Defender.
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 the Agreement is to reduce to writing the PARTIES' understanding as to the terms
and conditions under which the PUBLIC DEFENDER will provide "Defender Services" to CITY.
It is the intent of the PARTIES that Defender Services to be provided under the terms of this
Agreement will be consistent with CITY'S Council/Manager form of government provided for in
chapter 35A.13 RCW and CITY'S legal responsibility to provide such services under the U.S.
Constitution, Washington State Constitution and laws of the State of Washington.
SECTION NO. 2: DURATION
This Agreement shall be effective at 12:01. A.M. on April 1, 2003, and run through 12:00 l .M.
December 31, 2004, unless one or all of the PAR17ES provide notice of termination as provided in
Sections No. 5 and 12 of this Agreement.
SECTION NO. 3: COST OF SERVICES AND PAYMENTS
CITY shall pay COUNTY the actual costs for Defender Services provided under this Agreement.
The estimated cost for Defender Services under this Agreement for calendar year 2003 shall be
TWO HUNDRED SIXTY TFIOUSAND NNE HUNDRED FORTY-SIX DOLLARS
($260,946). CITY'S cost was arrived at by using the methodology set forth in Attachment ''A,"
attached hereto and incorporated herein by reference.
The PARTIES agree to use those same methodologies contained in Attachment "A" to arrive at
the estimated costs for calendar year 2004 Prosecution Services. The PARTIES recognize that
the costs will more than likely increase in 2004. For instance, Assistant Public Defenders and/or
support staff may receive salary adjustments by the BOARD or the maintenance and operation
Page of 9 2
expenses of PUBLIC DEFENDERS office may increase. These increases or potential decreases
will be reflected in the figures used in the methodologies for calculating CITY'S 2004 estimated
costs. Additionally, the methodologies will use the Spokane County Geo -Coded Analysis Report
( "Report "). This Report tracks the actual number of cases handled by PUBLIC DEFENDER for
CITY.
At the end of calendar year 2003 and calendar year 2004, using actual M&O expenditures as well as
using the numbers in the Report for each year, COUNTY and CITY will each determine
respectively whether or not the estimated M &O numbers and percentage numbers used as the basis
for calculating costs of PUBLIC DEFENDER services were accurate. Any disagreement between
the PAR.TIES as to M &O and/or percentage shall be resolved pursuant to Section No. 15
hereinafter. To the ex -tent that CITY was over billed in any year, it will receive a credit to be applied
as mutually agreed. If CITY was under billed, it will receive a debit in the subsequent billing The
adjustment will normally take place in March of the year following the year Prosecution Services
were performed.
COUNTY will bill CITY for the cost of services as outlined, monthly, during the first week of the
month. Dividing that fee set forth herein above by nine (9) for calendar year 2003 and by twelve
(12) annually thereafter will base monthly payments. 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.
SECTION NO. 4: SERVICES PROVIDED
4.1 Base Services - For the purpose of this Agreement, PUBLIC DEFENDER Services shall
include representation of indigent persons as required by the Constitution or state statutes
(chapter 36.26 RCW) in conjunction with violations of state statutes that are punishable as
misdemeanor and gross misdemeanor offenses that occur within CITY'S jurisdiction and that
are com.mitted by adults, and /or juveniles for traffic offenses pursuant to RCW 13.04.030 (1)
(e) (iii), as well as any appeals to Superior Court. It also includes representation of indigent
persons as required by the Constitution or state statutes (chapter 36.26 RCW) in conjunction
with the prosecution of violations of CITY'S Traffic Code, as well as any appeals to Superior
Court.
4.2 Enhanced Services - CITY hereby agrees to pay for enhanced Defender Services separately.
Enhanced Defender Services include unique circumstances not contemplated by the
PARTIES at the time the estimated costs were set for any calendar year such as enhanced
enforcement of a particular crime, mass arrests and request for Defender Services of rioters
and/or protestors. PUBLIC DEFENDER will advise the CITY Manager as soon as possible
of the likelihood of Enhanced Defender Services. CITY will pay PUBLIC DEFENDER for
all actual costs for enhanced Defender Services. PUBLIC DEFENDER will keep time
records for ail such costs. Billings for Enhanced Services will occur along with monthly
billing for Base Services.
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All services to be provided by PUBT,IC DEFENDER in courts under the terms of this Agreement
shall be provided in courts located within the Spokane County Courthouse Complex. In the event
CITY requests such court services to be provided at a location within CITY, the PARTIES agree to
meet and mutually negotiate any and all increased costs to PUBLIC DEFENDER in providing such
court services at CITY location.
PUBLIC DEFENDER or his/her designee agrees to attend staff meetings as requested by the CITY
Manager. PUBLIC DEFENDER or his/her designee further agrees to meet upon request by the
CITY Manager or his/her designee to discuss any Defender Services provided under the terms of
this Agreement.
CITY agrees PUBLIC DEFENDER. will use PUBLIC DEFENDER'S stationary in conjunction
with providing Prosecution Services under the terms of this Agreement.
SECTION NO. 5: NOTICE
Alt 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 COUNTY at the address set forth below for such Party, or at such other address as
COUNTY shall from time -to -time designate by notice in writing to the other PARTIES:
COUNTY:
PUBLIC DEFENDER: Richard Easy
Spokane County Pubic Defender's Office
1033 West Gardner,
Gardner Court Building,
Spokane Washington 99260 -0280
CITY:
CITY agrees to insure that appropriate CITY staff is available at no cost to PUBLIC
DEFENDER for all trials or judicial proceedings where their presence is requested by
PUBLIC DEFENDER.
sECTION NO. 6: COUNTERPARTS
Spokane County Chief Executive Officer or his/her authorized representative
I I 1 6 West Broadway Avenue
Spokane, Washington 99260
City of Spokane Valley City Manager or his/her authorized representative
Redwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
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.
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SECTION NO. 7: REPORTING
PUBLIC DEFENDER. shall provide a mutually acceptable quarterly report to CITY that will
contain information relating to Defender Services performed during the preceding quarter.
SEC °I ION NO. 8: ASSIGNMENT
No party may assign in whole or in part its interest in this Agreement without the approval of all
other PARTIES. Provided, however, CITY agrees that in instances of conflict, PUBLIC
DEFENDER may transfer out of his/her office such representation at no additional cost to CITY
without CITY'S approval or authorization..
SECTION NO. 9: ASSISTANT PUBLIC DEFENDERS - HIRING AND DISCIPLINE.
PUBLIC DEFENDER retains sole right to hire, assign, retain and discipline all employees
performing Defender Services under this Agreement according to applicable state and federal laws.
PUBLIC DEFENDER agrees to meet and confer with CITY with respect to staff that is assigned to
provide Defender Services.
SECTION NO. 10: 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, 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 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 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 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, CITY shall defend the same at its sole cost and expense;
provided that 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
COUNTY, and its officers, agents, and employees, or any of them, or jointly against COUNTY and
CITY and their respective officers, agents, and employees,•CITY shall satisfy the same.
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(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 aclrtowledge 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 for PUBLIC DEFENDER. staff professional liability and auto
liability. coverages.
SECTION NO. 1..1.: 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 shall be deemed to be an employee,
agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or
CITY representative shall be deemed to be an employee, agent, servant or representative of
COUNTY for any purpose.
SECTION NO. 12: MODIFICATION!TFRMINATION
This Agreement may be modified in writi.ng 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 Defender Services rendered prior
to the date of termination based upon a pro rata division of those costs set forth in Section No. 3
herein above.
Termination shall not impose a requirement on either COUNTY/PUI3LIC DEFENDER
respectively to provide for the .Funding or handling of cases addressed by this A.greernent that are
filed after the effective date of termination.
Upon termination, at CITY'S option, PUBLIC DEFNEDER shall continue to provide services to
completion for those cases filed prior to the effective date of the termination.
SECTION NO. 13: 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.
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SECTION NO. 14: 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. 15: DISPUTE RESOLUTION
Any dispute among the PARTIES with respect to the methodologies used to calculate the 2004
costs of Defender Services or the provision of Defender Services by PUBLIC DEFENDER to
CITY under the terms of this Agreement that cannot be resolved between/among the applicable
PARTIES shall be subject to binding arbitration. Provided, however, PUBLIC DEFENDER'S
independent right to administer and manage the Public Defender's Office 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 COUNTY and CITY.
The costs of the arbitration panel shall be jointly split between the COUNTY and CITY.
The decision of the arbitration panel shall be binding and not subject to judicial review.
SECTION NO. 16: 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. 17: 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.
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SECTION NO. 18: RECORDS
All public records prepared., owned, used or retained by PUBLIC DEFENDER in conjunction with
providing Defender Services under the terms of this Agreement shall be deemed CITY property and
shall he made available to CITY upon request by the CITY Manager subject to the attorney client
and work product privileges set forth in statue, court mile or case law. PUBLIC DEFENDER will
notify CITY of any public disclosure request under chapter 42.17 RC \V for copies or viewing of
such records as well as the PUBLIC DEFENDER'S response thereto.
SECTION NO. 19: ASSURANCE
COUNTY and PUBLIC DEFENDER represent and assure CITY that no other city or town will
receive more favored treatment in receipt of Defender Services than that made available to the
CITY for similar services.
SECTION NO. 20: 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.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on
date and year opposite their respective signatures.
DATED:
DATED: BOARD OF COUNTY COMMISSIONERS
OF SPOKANE, COUNTY, WASHINGTON
ATTEST:
VICKY M. DALTON
CLERK OF THE BOARD
BY:
Daniela Erickson, Deputy M. KATE MCCASLIN
SPOKANE COUNTY PUBLIC DEFENDER:
By:
Its:
(Title)
JOHN ROSKELLEY, Chair
PHILLIlP 17. HARRIS, Vice -Chair
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DATED: • CITY OF SPOKANE VALLEY
Attest:
City Clerk
Approved as to form only:
Acting City Attorney
By:
Tts:
F:IValley CitykDraf1CantractslPublic Defenderlpuhlic defender services valley 022503- final,doc
(Tide)
Page of 9 9
Spokane Valley Contract
No. CO3 -12
Approved:
This cost proposal is based on calculations extrapolated from the Sheriff's Dept. geo -coded
statistics for first nine months of the year 2002 and the Public Defender. PDIvIAN records of
County cases for the same time period. This time period is the most appropriate basis for a
projection of costs since it reflects recent changes in the criminal justice system that will
continue to affect the nlunber of arrests and prosecutions for misdemeanor and gross
misdemeanor cases. The percentage of Public Defender County cases attributable to the Valley
City for this time period is 39 %. The figure below reflects 39% of the modified Misdemeanor
budget for the year 2003 plus a cost allocation for investigative services and overhead. The
budget has been modified to more accurately reflect the administrative and O &M costs of the
nm.isdemeanor services provided by the Spokane County Public Defender. Investigative services
costs have been separately calculated because the investigators are paid out of the general
organization (0047) budget. Overhead has been calculated at the rate of 6.34% of salaries and
benefits.
Salaries and Benefits: $234,090
Investigator Salaries and Benefits: $ 2,835
O &M $ 9,180
Cost Allocation $ 14.841
Total: $260,946
The projected munber of misdemeanor /show cause cases in the Public Defender's Office for the
year 2003 is 5,400. This projection is based upon the total number of misdemeanor/show cause
cases for the year 2002 and the recent increase in traffic patrol officers and DUI prosecutions. If
this projection is accurate, the number of Valley City misdemeanor and show cause cases will be
2,106 (39 %of 5,400). With that number of cases, the cost per case will be $163.00. This
estimate is consistent with rnisdenmeanor /show cause cost per case statistics for recent years. The
cost per case for the years 1999, 2000 and 2001 were: $164, 5168, and $150 respectively. If the
actual number of misdemeanor /show cause cases is lower than has been projected, the cost per
case will be higher. For example, the cost per case for 39% of 5,000 cases handled in the year
2003 would be $177.00. This amount is still a relative bargain when compared to the cost of
private or PD contract representation.
Page 1 of 2
Valley City Costs for Public :Defender :Representation
Cost per Case
ATTACHMENT "A"
Spokane Valley Contract
No, CO3 -12
Approved:
Valley City 'Misdemeanor and Gross Misdemeanor Cases
These calculations are based on statistics provided by the Sheriff's Department and on the data
contained within the Public Defender's PDMAN case management system.. The data from the
Sheriff's Department has been coded for the . first .nine months of 2002 to provide a statistically
reliable percentage of Spokane County cases that have originated within the geographical area
attributable to the Valley City, The PDMAN statistics allow for a segregation of those cases that
are solely attributable to Spokane County. Cases that are attributable to state agencies or
municipalities have been excluded because they would not be adjudicated in the Valley City
justice system under any circumstance. Thus, a percentage of Public Defender cases that would
have to be handled by the Valley City can be calculated by determining the percentage of overall
cases that are strictly Spokane County cases and reducing that percentage further by the
application of the percentage figure of Valley City /County cases developed by the Sheriff's
Department. in making this determination, a separate calculation for Show Cause Hearings v�+aq
not made since they would track on the same basis as the misdemeanor cases.
Spokane County
lv.isdemeanor Incidents 2,670
- Gross Misdemeanor Incidents 2 321
Total 4,991
Valley City
lisdemearor Incidents 1,384
Gross Misdemeanor Incidents 1.387
Total 2,771
2002 Firs t.Nine Months
Valley City percentage: 2,771 divided by 4,991 equals 56%
Public Defender County cases 1,895
Total Public Defender cases 2,715
PD County case percentage 1,895 divided by 2,715 equals 70%
PD County cases that are from
The Valley City area 56% of 1,895 equals 1,061
Percentage of Total PD cases
that are from the Valley City area 1,061 divided by 2715 equals 39%
Page 2 of 2
Average Percentage of PD Cases Attributable to the Valley City = 39%
Return to:
Daniela Erickson Spokane Valley Contract
Clerk of the Board No. CO3 -10
1116 West Broadway Approved:
Spokane, Washington 99260
Th T.ERLOCAL 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 "C1TY,"
jointly hereinafter referred to as the "PARTIES."
W1TNESSETH:
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 (l.nterlocal Cooperation Act), authorizes counties and
cities to contract with each other to perform certain functions which each may legally perform; and
l'age of 8 1
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 tinder the provisions of chapter 3.38 RCVS' 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 ORE 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. 1: 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 actual 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 appropriate. Any disagreement
between CITY and COUNTY with respect to the methodologies shall be resolved by mediation
as provided in Section No. 13 herein below. Provided, the PARTIES agree that CITY shall be
Page of 8 2
responsible for its proportionate share of the Court Services so that COUNTY is not financially
subsidizing Court Services to the CITY.
A. Personnel. CITY shall pay COUNTY the sum of SIX HUNDRED AND 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 (Y2) 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 commissioner(s) 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 (S63,000) in calendar year 2003 to be allocated toward the
following items:
1) Law books /CD LAW license fees;
2) Pro tem fees;
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
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
Page of 8 3
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 (S124,383.75)
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.
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.
SECTION NO. 4: SERVICES PROVIDED
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 financially
responsible for pursuant to RCW 39.34.180. COUNTY, as provided by law, shall distribute all
fines, penalties, court costs and other fees collected by the Municipal Court under the terms of
this Agreement that are owing and due to CITY. Such moneys shall be distributed to CITY
within the same time frame that COUNTY distributes moneys other municipalities /agencies.
C1TY shall be responsible for distributing the proportionate share of said moneys to the
appropriate state agencies as required by law.
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:
COURT:
Spokane County Chief Executive Officer or his/her authorized representative
1 116 West Broadway Avenue
Spokane, Washington 99260
Spokane District Court Presiding Judge
Spokane County District Court
1 100 West Mallon Avenue
Spokane, Washington 99260
Page of 8 4
CITY:
SECTION NO. 6: COUNTERPARTS
City of Spokane Valley City Manager or his /her authorized representative
Redwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
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.
SECTION NO. 8: LIABILITY
COUNTY shall defend, indemnify and hold hamiless CITY from all claims, demands, or suits in
law or equity arising from COUNTY'S /COURT'S negligence or breach of its obligations under
the Agreement. COUNTY'S duty to indemnify shall not apply to liability caused by the sole
negligence of CITY, its officers and employees. COUNTY'S duty to indemnify for liability
arising from the concurrent negligence of CITY, its officers and employees and
COUNTY /COURT, its officers and employees shall apply only to the extent of the negligence of
COUNTY /COURT, its officers and employees. COUNTY'S duty to indemnify shall survive
termination or expiration of the Agreement.
COUNTY waives, with respect to CITY only, its immunity under RCW Title 51, Industrial
Insurance.
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.
SECTION NO. 10: MODIFICATION OR TERMINATION
This Agreement may be modified in writing by mutual agreement of the PARIIES.
Any Party may terminate this Agreement for any reason whatsoever upon a minimum of 180 days
written notice to the other PA.RTIES.
Page orb 5
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 fled
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. 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. 13: DISPUTE RESOLUTION
Any dispute among the PARTIES with respect to the methodologies used to calculate the 2004
costs of Court Services to CITY under the terms of this Agreement that 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.
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.
Page of 8 6
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.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on
date and year opposite their respective signatures.
DATED: SPOKANE COUNTY
MUNiCiPAL/DiSTRiCT COURT:
By:
Its:
DATED: BOARD OF COUNTY COMMISSIONERS
OF SPOKANE, COUNTY, WASHINGTON
ATTEST:
VICKY M. DALTON
CLERK OF THE BOARD
13Y:
Daniela Erickson, Deputy
JOHN ROSKELLEY, Chair
PHILLIP D. HARRIS, Vice -Chair
M. KATE MCCASLIN
Page of 8 7
DATED: CITY OF SPOKANE VALLEY:
Attest:
City Clerk
Approved as to form only:
Acting City Attorney
F:\Valley City\Drnf Cc ntrnctslAjudication \adjudication services valley 022503- fintd.doc
By:
Its:
(Title)
Page of 8 8
Spokane Valley Contract
No. CO3 -1
Approved:
Purpose:
Methodologies:
Page 1 of 3
SPOKANE DISTRICT COURT STATISTICS
SPOKANE VALLEY
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) JIS (Justice Information System), court tiling information through the
Administrative Office of the Courts, as compiled by court personnel.
1) 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 &. Co and Indirect Costs for the workload in the
Valley;
b) Calculate costs using "cost per case" figures for 2002.
ATTACHMENT "A"
CASE
TYPE
2002
Projections
Index
County *
Index
:;_,,
Valley
62,853
.60
37,712
.35
13,199
practions
2,091
.23
481
.68
327
Crim Traf
4,199
.70
2,939
.55
1,705
rim NT
2,179
.64
1,394
.55
767
.90
1,295
.55
712
IIK 1,439
TAL
72,761
16,710
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 flings, 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 fully
considered in these caseload/workload estimates.
Page 2 of 3
2002 Infraction /Criminal Filing Projections
* 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.
QFTION 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
TOTAL S &W 15.16 FIT $814,162
M & O .28 81,629
INDIRECT COSTS .2037 S165,845
TOTAL ANNUALIZED COSTS S 1,061,636
Page 3 of 3
Return to:
Daniela Erickson Spokane Valley Contract
Clerk of the Board No. CO3 -03 -11
11 West Broadway Approved:
Spokane, Washington 99260
INTERLOCAL AGREEMENT FOR PROSECUTION 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
Prosecuting Attorney, having offices for the transaction of business at 1100 West Mallon,
Spokane, Washington 99260, hereinafter referred to as "PROSECUTOR," 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 PROSECUTOR 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
"C1TY," jointly hereinafter referred to as the "PA.RTIES."
WITNESSE TH:
WHEREAS, pursuant to the provisions of 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 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 continence
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 Spokane County to the 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 RC \V 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
Page of 9 1
'WHEREAS, the City of Spokane Valley desires to utilize the services of the Spokane
County Prosecuting Attorney for the purpose of prosecuting cases where the initial charge is (i) an
infraction; and/or (ii) a violation of a state statute punishable as a misdemeanor or gross
misdemeanor offense committed by an adult; and/or (iii) a violation of a City of Spokane Valley
zoning/animal control ordinance punishable as a misdemeanor, all of which occur within the
jurisdiction of the City of. Spokane Valley and which are forwarded to the Spokane County
Prosecutor, hereinafter referred to as ".Prosecution Services."
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. 1: PURPOSE
The purpose of this Agreement is to reduce to writing the PARTIES' understanding as to the teens
and conditions under which PROSECUTOR will provide "Prosecution Services" on behalf of
CITY. Prosecution Services are defined in Section No. 4 hereinafter. It is the intent of the
PARTIES that Prosecution Services to be provided by PROSECUTOR. will be consistent with
CITY'S Council/Manager form of government provided for in chapter 35A.13 RCW.
SECTION NO. 2: DURATION
This Agreement shall commence 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 provide notice of termination as further
described in Sections No. 5 and 10 of this Agreement.
SECTION NO. 3: COST OF SERVICES AND PAYMENTS
CITY shall pay COUNTY the actual costs for Prosecution Services provided under this Agreement.
The estimated cost for Prosecution Services under this Agreement for 2003 shall be as follows:
1. $248,484 for Prosecution of misdemeanor and gross misdemeanors;
2. $23,137.50 for infractions occurring in CITY; and
3. $78.76 per hour for Prosecution of violations of CITY misdemeanor zoning and/or animal
control ordinances.
CITY'S estimated cost was arrived at by using those methodologies set forth in Attachment "A,"
attached hereto and incorporated herein by reference.
The PARTIES agree to use those same methodologies contained in Attachment "A" to arrive at
the estimated costs for calendar year 2004 Prosecution Services. The PARTIES recognize that
the costs will more than likely increase in 2004. For instance, Deputy Prosecuting Attorneys
and /or support staff may receive salary adjustments by the BOARD or the maintenance and
operation expenses of PROSECUTOR'S office may increase. These increases or potential
decreases will be reflected in the figures used in the methodologies for calculating the CITY'S
2004 estimated costs. Additionally, the methodologies will use the Spokane County Geo -Coded
Page of 9 2
Analysis Report ( "Report "). This Report tracts the actual number . of cases falling within category
1 or 2 herein above.
At the end of calendar year 2003 and calendar year 2004, using actual M &O expenditures as well as
actual numbers in the Report for each year, COUNTY will determine respectively whether or not
the estimated M &0 numbers and percentage number used as the basis for calculating costs for Item
No. 1. and 2 above were accurate. To the extent that CITY was over billed in any year, it will
receive a credit to be applied as mutually agreed. If CITY was under billed, it will receive a debit in
the subsequent billing. The adjustment will normally take place in March of the year following the
year Prosecution Services were performed.
COUNTY will bill CITY for the cost of services as outlined, monthly, during the first week of the
month. Monthly payments will based by dividing those costs set forth herein above for Item No. 1
and 2 by nine (9) and actual costs for Item No. 3. 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.
SECTION NO. 4: SERVICES PROVIDED
4.1 Base Services - For the purpose of this Agreement, Prosecutor Services shall include
prosecution of violations of state statutes that are punishable as misdemeanor or gross
misdemeanor offenses that occur within CITY'S jurisdiction and that are committed by
adults as well as any appeals to Superior Court, Washington State Court of Appeal, or
Washington State Supreme Court. PROSECUTOR retains sole prosecutorial discretion in
conjunction with providing Prosecutor Services under the terms of this Agreement from
charging decisions through complete disposition of the case, including appeals to Superior
Court, Washington State Court of Appeals, or Washington State Supreme Court.
PROSECUTOR agrees to represent CITY only in contested traffic infractions.
PROSECUTOR also agrees, when requested, to represent CITY with respect to criminal
violations of its zoning ordinances and/or animal control ordinances at the hourly rate set
forth above. PROVIDED, such representation shall not include challenges to the
constitutionality of any zoning ordinance or animal control ordinance.
4.3 Enhanced Services - CITY hereby agrees to pay for Enhanced Prosecution Services
separately: Enhanced Prosecution Services include unique circumstances not contemplated
by the PARTIES at the time the estimated costs were set for any calendar year, such as
enhanced prosecution of a particular crime, mass arrests and/or requests for prosecution of
rioters and/or protestors. PROSECTUOR will advise the CITY Manager as soon as possible
of the likelihood enhanced prosecution services. CITY will pay PROSECUTOR all actual
costs for Enhanced Prosecution Services. PROSECUTOR. will keep time records for all such
costs. Billings for Enhanced Prosecution Services will occur along with the monthly billing
for Base Services in accordance with Section No. 3 hereinabove.
Page of 9 3
CITY agrees to direct its Police Chief to take appropriate action to insure police officers and CITY
staff are available at no cost to PROSECUTOR for all trials or judicial proceedings where
PROSECUTOR determines their presence necessary.
All misdemeanor, gross misdemeanor, zoning and/or animal control. services to be provided by
PROSECUTOR in courts under the terns of. this Agreement shall be provided in courts located
within the Spokane County Courthouse Complex. All traffic infraction services to be provided by
PROSECUTOR in courts under the terms of this Agreement shall be provided in either courts
located within the Spokane County Courthouse Complex or courtroom(s) in the Spokane Valley
precinct. In the event CITY requests such court services be provided at a location other than that
provided for herei.n., the PARTIES agree to meet and mutually negotiate any and all
increased/decreased costs to PROSECUTOR in providing such court services at such additional
location(s). CITY further recognizes that a change in working location is a change in "working
conditions." PROSECUTOR will need to negotiate changes in working locations with affected
bargaining units.
PROSECUTOR or his designee agrees to attend staff meetings as requested by the CITY Manager.
PROSECUTOR or his designee further agrees to meet upon request by the CITY Manager or
his /her designee to discuss any Prosecution Service provided under the terms of. this Agreement.
CITY agrees PROSECUTOR will use PROSECUTOR'S stationary in conjunction with providing
Prosecution Services under the terms of this Agreement.
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 COUNTY at the address set forth below for such Party, or at such other address as
COUNTY shall from time -to -time designate by notice in writing to the other PAR11.ES:
COUNTY:
PROSECUTOR: Steven J. Tucker
Spokane County Prosecuting Attorney's Office
1100 West Mallon
Spokane, Washington 99260
CITY:
Spokane County Chief Executive Officer or his/her authorized representative
11 16 West Broadway Avenue
Spokane, Washington 99260
City of Spokane Valley City Manager or his/her authorized representative
.Redwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
Page of 9 4
SECTION NO. 6: REPORTING
PROSECUTOR shall provide a mutually acceptable quarterly report to CITY that will contain
information relating to Prosecution Servi performed during the preceding quarter_
SECTION NO. 7: OOUWERI Al TS
This Agreement may be executed in any number of counterparts, each of which, when so executed
and delivered, shall he an original, but such counterparts shall together onnstiiutte but one and the
sam
SECTION NO. 8: ASSIGNMENT
No party may assize in whole or part its interest in this Agreement without the written approval of
all other PA. TLF.S Provided, however, CITY agrees that in instances of conflict, PROSECUTOR
may appoint special deputies as provided for in 1 CW 36.27.040 at no additional cost to CITE.
SE TION NO. : D .PUTT PROSECUTOR A.SSIGNIYT NT, RETENTION, DISCIPLINE,
ANTI WRING.
PROSECUTOR shall hire, assign, retain and discipline all employees performing Prosecution
Services under this Agreement according to collective bargaining agreements and applicable state
and federal laws.
PROSECUTOR agrees to meet and confer with CITY with respect to staff` who are assigned to
. provide Prosecution Services. Issues of discipline or performance. will be specifically handled
according to P.ROSECUTORpolicies_
SECTION NO. 10: LT 1I,TTY
(a) COUNTY shall indemnify and hold ha unless CITY and its officers agents, and employees, Or
any of therm from any and all claims, actions, suits, liability, loss, costs expen and damages of
any nature whatsoever, by any reason of or arising out of any negligent act or omission of
COUNTY, 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 agai.rist CITY, COUN. TY 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 shah indemnify and hold harmless COUNTY and iis icers, 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•CIT, its
officers, agents and employees, or any of them relating to or arising out of performing services
Page of 9 3
pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or
damages is brought against COUNTY, CiTY shall defend the same at its sole cost and expense;
provided that 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
COUNTY, and its officers, agents, and employees, or any of them, or jointly against COUNTY 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 C1TY 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 for PROSECUTOR deputies professional liability and auto
liability coverages.
SECTION NO. 11: 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 shall be deemed to be an employee,
agent, servant or representative of CiTY for any purpose. Likewise, no agent, employee, servant or
representative of CITY shall be deemed to be an employee, agent, servant or representative of
COUNTY for any purpose.
SECTION NO. 12: MODIFICATiON/WITHDRAWAL
This Agreement may be modified in writing by mutual written agreement of the PARTIES.
Any Party may withdraw from this Agreement upon a minimum of 90 days written notice to the
other PARTIES.
Upon withdrawal, CiTY shall be obligated to pay for only those Prosecution Services rendered
prior to the date of withdrawal based upon a pro rata division of those costs set forth in Section No.
3 for items 1 and 2 listed therein. Item 3 shall be based on actual hours for which that service was
provided.
The withdrawal of CITY from this Agreement or end of the term shall not impose a requirement on
PROSECUTOR to provide for the funding or handling of cases addressed by this Agreement that
are filed after the effective date of withdrawal or termination.
Upon withdrawal or termination, at CITY'S option and at no cost to CITY, PROSECUTOR shall
continue to provide services to completion for those cases filed prior to the effective date of the
withdrawal.
Page of 9 6
SECTION NO. 1.3: PROPERTY AND EQUII'INIENT
The ownership of all property and equipment utilized in association with CiTY cases shall remain
with the original owner, unless specifically and mutually agreed by the PARTIES to this
Agreement.
SECTION NO. 1.4: ALL WRITINGS CONTAINED IIfEREIN /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. 15: DISPUTE RESOLUTION
Any dispute among the PARTIES with respect to the methodologies used to calculate the 2004
costs of Prosecution Services under the terms of this Agreement or the Report numbers referenced
in Section 3 herein, which cannot be, resolved between/among the applicable PARTIES shall be
subject to binding arbitration.
The PROSECUTOWCOUNTY acting as one party and CITY a party 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 PA.RTILS and
not subject to judicial review.
The costs of the arbitration panel shall be jointly split between the PARTIES involved in the
arbitration.
SECTION NO. 16: VENUE STIPULATION
This A.greernent 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. 17: SEVERABI
It is understood and agreed among the PAR RI IL'S 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
Page of 9 7
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. 18: RECORDS
All public records prepared, owned, used or retained by PROSECUUOR in conjunction with
providing Prosecution Services under the terms of this Agreement shall be deemed CITY property
and shall be made available to CITY upon request by the CITY Manager subject to the attorney
client and work product privileges set forth in statue, court rule or case law. PROSECUTOR will
notify CITY of any public disclosure request under chapter 42.17 RCW for copies or viewing of
such records as well as the PROSECUTOR'S response thereto.
SECTION NO. 19: ASSURANCE
COUNTY and PROSECUTOR represent and assure CITY that no other city or town will receive
more favored treatment in receipt of Prosecution Services than that made available to the CITY for
similar services.
SECTION NO. 20: ITF,ADINGS
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.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on
date and year opposite their respective signatures.
DATED: SPOKANE COUNTY
PROSECUTING ATTORNEY:
STEVEN J. TUCKER
Page of 9 8
DATED: BOARD OF COUNTY COMMISSIONERS
OF SPOKANE, COUNTY, WASHINGTON
A I l'E ST:
VICKY M. DALTON
CLERK OF THE BOARD
BY:
DATED: CI'T'Y OF SPOKANE VALLEY:
Attest:
Daniela Erickson, Deputy M. KATE, MCCASLIN
Approved as to form only:
Acting City Attorney
By:
Its:
City Clerk (Title)
O :\Valley Cityt aft ContractslProsecutorlprosecution se vices valley 022503- final.doc.
JOHN ROSKEL 'LEY, Chair
PHIL LIP D. HARRIS, Vice -Chair
Page of 9 9
Spokane Valley Contract
No. CO3 -:I.1
Approved:
Spokane County Prosecutor's Methodology for Calculating
City of Spokane Valley Prosecution Services
When using the cumulative amount over the last three years the anticipated
amount of misdemeanor work generated by the new Valley City equals
32.27% of the Spokane County Prosecutor's misdemeanor budget.
The general misdemeanor budget does not include the Infraction Budget.
Spokane County Total. :Misdemeanor Budget for 2003 $ 1,026,687.08
This includes:
8 Misdemeanor Deputies
9.7 Direct support Staff
8 /59'ths Chief Criminal Dep.
Allocation of Co. Prosecutor
8 /70'ths of Dept. Admin. Staff
°I:'otal Salaries and Benefits
Page of 4
$ 510,647.00
$ 340,619.10
$ 14,497.90
$ 5,677.88
$ 21,742.40
$ 893,184.28
Total Misd. M &O + $ 56,421.00
Tot. Indirect Costs@ 8.63% + $ 77,081.80
$ 1,026,687.08
ATTACHMENT "A"
Spokane Valley Contract
No. CO3 -11
Approved:
Spokane County Prosecutor Infraction Budget
INFRACTIONS
$ 87,023
INFRACTION BUDGET
Spokane County Prosecutor. Budget for Infractions
% Of Infractions occurring in the new Valley City
= 35.45%
Total Budget
Amount
$ 87,023
$ 30,850*
*This number represents a 12 month infraction budget. April 1, 2003 through December
31, 2003 would be $23,137.50.
2000
First 6 months
2001
12 Month AVG.
Number of Coun
infractions cases received
from the Sheriff=s Office
24,507
1.2,981
24,992
Valley Infractions from
Sheriff
8,750
4,540
8,860
Valley % of All
Infractions
35.70%
34.97%
35.45%
Spokane Valley Contract
No. CO3 -11
Approved:
Spokane County Prosecutor Infraction Budget
INFRACTIONS
$ 87,023
INFRACTION BUDGET
Spokane County Prosecutor. Budget for Infractions
% Of Infractions occurring in the new Valley City
= 35.45%
Total Budget
Amount
$ 87,023
$ 30,850*
*This number represents a 12 month infraction budget. April 1, 2003 through December
31, 2003 would be $23,137.50.
MISDEMEANOR BUDGET
. BREAKDOWN
CUMULATIVE TOTAL
2000, 2001, 2002
Avg. #
of Cases
Cum.
Totals
% Of
Total
Budget
Total
Budget
Amount
8036
100%
1.,026,687
LESS:
Budget for WSP Cases
2666
33.17%
340,552
Other Agencies (Airport, DNR etc.L
532
2245
6.62%
27.94%
67,967
286,856
** Sheriff Cases outside New City
** Sheriff Cases inside New City
2593
32.27%
331,312 * **
Spokane Valley Contract
No. CO3 -11
Approved:
** These numbers are derived from the Spokane County Sheriff's Geo -Coded Analysis
Report. The percentage of charges in the Geo -Coded Summary is then applied to the
actual cases within our office.
* ** This number represents a 12 month misdemeanor budget. April 1, 2003 through
]December 31, 2003 would be $248,484.
Page 3of 4
Spokane Valley Contract
No. CO3 -1.
Approved:
COSTS FOR PROSECUTION OF CITY MISDEMEANOR ZONING
AND /OR ANIMAL CONTROL ORDINANCES
Spokane County Civil Dept
Valley Charges
Hourly rate 2003
Benefits
Hourly rate salary & benefits
M &O allocation
total M &O
M &O allocation
aiuival paid hours
Indirect cost allocation
Hourly rate 2003
Benefits
Page 4of 4
Atty2 S3
1/48
TOTAL ATTORNEY COST PER *HOUR
paralegal2 S7
L-lourly rate salary & benefits
Indirect cost allocation
TOTAL PARALEGAL COST PER HOUR
2.08%
368526
7677.63
1950
8.63%
Salary +
Salary Benefits Benef
29.28
6.13 .$57,098 $69,045.44 0.209;
35.41
3.94
3.06
S42.40
ATTORNEY AND PARALEGAL COST PER HOUR $69.19*
INC'L M &O AND INDIRECT COST ALLOCATION
$18.31
6.35 $35,706 $48,094 0.34
24.66
8.63% 2.13
$26.79
*This hourly rate may change depending upon the seniority of the Deputy Prosecuting Attorney
handling the prosecution.
Return to:
Daniela Erickson Spokane Valley Contract
Clerk of the Board No. CO3 -13
1116 West Broadway Approved:
Spokane, Washington 99260
TNTERLOCAL AGREEMENT FOR COSTS 1NCIDENT
TO JURY MANAGEMENT SERVICES IN THE CITY OF SPOKANE VALLEY
(April 1, 2003- December 31, 2004)
THIS AGREEMENT, made and entered into by and among Spokane County, a
political subdivision of the State of Washington, having offices for the transaction of business at
1116 West Broadway, Spokane, Washington 99260, hereinafter referred to as "COUNTY," 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" and Spokane County
Superior Court, having offices for the transaction of business at 1116 West Broadway,
Spokane, Washington 99260, hereinafter referred to as the "COURT," jointly hereinafter referred
to as the "PARTIES."
WLTNESSETH:
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Spokane County Board
of County Commissioners has the care of County property and the management of County funds
and business; and
WIIEREAS, pursuant to chapter 35.02 17CW, 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
WITE'RE AS, 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, Spokane County Superior Court maintains a Jury Management System; and
Page of 6 1
WHEREAS, the City of Spokane Valley will operate a Municipal Court in calendar year
2003 and 2004 and is desirous of using Spokane County Superior Court's Jury. Management
System ` "); and
WHEREAS, in conjunction with the City of Spokane Valley's use of the System, the
City of Spokane Valley agrees to pay its fair share proportionate percentage of the administrative
costs for such System, to include (1) personnel, computer equipment/printer and supply costs; (2).
printing and postage costs; and (3) State Industrial Insurance costs. The ity of Spokane Valley
also agrees to pay juror .fees and mileage on a weekly basis, and parking costs on a quarterly
basis for cases attributable to CITY.
NOW, THEREFORE, for and in consideration of the mutual pr5riises set .Forth
hereinafter the PARTIES do mutually agree as follows:
SECTION NO. 1: PURPOSE
The purpose of this Agreement is to set forth the PAR l.l.>=,S understanding of the terms and
conditions under which COURT will provide Jury Management System ( "System ") services to the
CITY, For the purpose of this Agreement System is described as sum.rt,oni_ng, qualifying,
organizing tracking, providing and compensating jury panels for CITY'S Municipal Court.
SECTION NO. 2: DURATION
This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 1 2:00 1
December 31, 2004, unless one or all of the PARTIES give notice of termination as provided for
in Section No. 5 a/3d Section No, 10 of this Agreement.
SECTION NO. 3: COST OE SERVICES ANI) PAYMENTS
.CITY shall pay COUNTY the actual costs for its use of the system in 2003 and 2004 as outlined
below.
A. Reimbursement. Costs of the System shall be comprised of two components, namely costs
for each jury panel requested and administrative costs for management of the System.
Costs for each jury panel requested shall be the actual costs to include jury fee, mileage and
all other costs directly attributable to the specific jury requested. These costs shall be the
responsibility of CITY once a jury is requested regardless of whether it is ever empanelled.
Administrative costs of the System shall include all costs incurred by COURT in
operating/providing the System for any calendar year to include: Item (1) p ersonnel,
computer equipnientlprinter and supply costs; Item printing and postage costs; and Item
(3) Slue Industrial Insurance costs - Personnel costs will include (i) all cost of living (COLA)
adjustments as authorized by COUNTY for persons proving the System andlor {u) salau ,
increases. Any increase in any administrative costs wit] be reflected in the current years
costs.
Page of 6 2
CITY'S share of the administrative costs under item (1) above will be calculated by taking
the total 'costs for Item (].) for any calendar year and dividing it by the total number of jury
panels requested in Superior, District or Municipal Court by all users of the System. This
will provide a per jury panel administrative costs for Item (1). CITY will then pay this per
jury administrative costs for Item (1) for each jury panel it has requested.
CITY'S share of the administrative costs under Item (2) shall be determined by using the
percentage of juror days served by Superior, District, and Municipal Courts in any calendar
year. CITY shall pay its proportionate share of such cost based on the number of juries
requested.
CITY'S share of the administrative costs under Item (3) above shall be determined by taking
the per hour juror rate which COURT pays for State Industrial Insurance and multiplying it
by the total ntunber of juror hours for persons who served as jurors for CITY.
13. Payment. COUNTY will invoice CITY for its actual use of the System on or before January
15 of 2004 and 2005 for the use of the System in the preceding year. Payment by CITY will
be due thirty (30) days after receipt of COUNTY invoice. 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.
SECTION NO. 4: SERVICES PROVIDED
COMITY, through COURT, shall operate and provide the System to CITY. The System is
generally described as summoning, qualifying, organizing, tracking, providing and
compensating jury panels for CITY'S Municipal 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 PARTIES at the address set forth below, or at such other address as the 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
1116 West Broadway Avenue
Spokane, Washington 99260
COURT: Spokane Superior Court Presiding Judge
Spokane County Superior Court -
1 116 West Broadway Avenue
Spokane, Washington 99260
Page of 6 3
Spok.ane District 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
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.
SECTION NO. 8: LIABILITY
COUNTY shall defend, indemnify and hold harmless CITY from all claims, demands, or suits in
law or equity arising from COUNTY /COURT'S negligence or breach or its obligations under the
Agreement. COUNTY'S duty to indemnify shall not apply to liability caused by the sole
negligence of CITY, its officers and employees. COUNTY'S duty to indemnify for liability
arising from the concurrent negligence of CITY, its officers and employees and
COUNTY /COURT, its officers and employees shall apply only to the extent of the negligence of
COUNTY /COURT, its officers and employees. COUNTY'S duty to indemnify shall survive
termination or expiration sof the Agreement.
COUNTY waives, with respect to CITY only, its immunity under RCW Title 51, Industrial
Insurance.
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 CITY shall be deemed to be an employee, agent, servant or
representative of COUNTY /COURT for any purpose.
SECTION NO. 10: MODIFICATION, WITHDRAWAL, AND TERMINATION
This Agreement may be modified in writing by mutual agreement of the PARTIES.
Page of 6
4
Any Party may withdraw from this Agreement upon a minimum of 90 days written notice to the
other PAR {TES of intent to withdraw. Any Party niay terminate this Agreement upon a breach by
the another Party, provided the Party seeking to terminate the Agreement shall provide at least 30
days written notice and an opportunity to cure to the breaching Party.
Upon withdrawal or termination, CITY shall be obligated to pay for only those System services
rendered prior to the date of withdrawal or termination.
The withdrawal of CITY from this Agreement shall not impose a requirement on
COUNTY /COURT to provide for the funding or handling of System services for cases that are filed
after the effective date of withdrawal.
Upon withdrawal or termination, at CITY'S option, COUNTY /COURT shall continue to provide
services to completion for those cases filed prior to the effective date of the withdrawal or
ternn.ination.
SECTION NO. 11: PROPERTY AND EQUIPMENT
The ownership of all property and equipment utilized by any Party to meet its obligations under the
teens of this Agreement shall remain with such Party.
SECTION NO. 12:. 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 Cou►ty, Washington.
SECTION NO. 13: 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.
Page of 6 5
SECTION NO. 14: 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. 15: 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.
IN WITNESS WHEREOF, the PA.RT1 -S have caused this Agreement to be
executed on date and year opposite their respective signatures.
DATED:
DATED: BOARD OF COUNTY COMMISSIONERS
OF SPOKANE, COUNTY, WASHINGTON
ATTEST:
VICKY M. DALTON
CLERK OF THE BOARD
Daniela Erickson, Deputy M. KATE MCCASLIN
DATED: CITY OF SPOKANE VALLEY
Attest: B
Its:
City Clerk (Title)
Approved as to form only:
SPOKANE COUNTY SUPERIOR COURT:
By:
Its:
JOHN ROSKELLEY, Chair
PF-HI.LLIP D. HARRIS, Vice -Chair
Acting City Attorney
E:Wallcy CityDDrafi ContractslJury Mangerneniljury mansigmcnt valley 012603- final.doc
Page of 6 6