Amended interlocal agreement with City of Vader for District Court services. BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: RESOLUTION NO. 20-141
APPROVING AN AMENDED INTERLOCAL AGREEMENT
BETWEEN THE CITY OF VADER AND LEWIS COUNTY
FOR DISTRICT COURT SERVICES
WHEREAS, RCW 39.34.080 and RCW 3.50.815 authorizes public agencies to perform
governmental services, activities, or undertakings which each public agency entering
into the contract is authorized by law to perform, provided such contract shall be
authorized by the governing body of each party to the contract; and
WHEREAS, the City of Vader has a need to have court services in the Lewis County
District Court for the adjudication of criminal violations and traffic or non-traffic
infractions filed by the City or any other infractions, criminal violations or other matters
currently having jurisdiction and venue in the Vader municipal court, but wishes to
avoid maintaining and a municipal court; and
WHEREAS, the previous interlocal agreement required revision to fully take over the
processing and closing of certain cases.
NOW THEREFORE BE IT RESOLVED that the BOCC has determined proceeding with
the interlocal agreement between Lewis County and City of Vader is in the best public
interest and is hereby approved, and the BOCC is authorized to sign the same.
DONE IN OPEN SESSION this 27th day of April, 2020.
APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS
Jonathan Meyer, Prosecuting Attorney LEWIS COUNTY, WASHINGTON
Amber Smith Gary Stamper
By: Amber Smith, Gary Stamper, Chair
Deputy Prosecuting Attorney
ATTEST: •'�°"�T}-"As'• Edna J . Fund
`'.'ARD OF`.fig•.
" Edna J. Fund, Vice Chair
sw•NiCr,
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Rieva Lester Robert C . Jackson
Rieva Lester, Robert C. Jackson, Commissioner
Clerk of the Lewis County Board of County
Commissioners
Attachment "1"
Interlocal Agreement
Between
City of Vader
and
Lewis County
For District Court Services
3
AMENDED
LNTERLOCAL AGREEMENT BETWEEN THE CITY OF
VADER,WASH NGTON AND LEWIS COUNTY,WASHINGTON
FOR DISTRICT COURT SERVICES
THIS AGREEMENT, made and executed this 24th day of April 2020, by and between
the City of Vader, Washington,hereinafter referred to as the "City", and Lewis County
hereinafter referred to as"County" for the purpose of Vader obtaining services from the District
Court of Lewis County, Washington.
1. Purpose and Authority.
A. State law in accordance with RCW 39.34.030 and RCW 3.50.815 provides that a
municipal corporation may contract with another municipal corporation for services
that either is authorized to provide. Cities are specifically permitted to contract with
Counties for court services.
B. The purpose of this Agreement is to provide the City with appropriate court services in
the County District Court for the adjudication of criminal violations and traffic or non-
traffic infractions filed by the City or any other infractions,criminal violations or other
matters that currently have jurisdiction and venue in the Vader municipal court and to
establish a basis for consideration for these services and to set forth the responsibilities
of both parties.
C. The City has contracted for municipal court services with another City. The City's
police services are provided by Lewis County Sheriff's Office (LCSO). LCSO's
practice is to file all of its cases with the Lewis County District Court.Therefore,Vader
would like to transition so that all violations and crimes occurring within the
jurisdiction of the City will be filed and adjudicated by the District Court. In addition,
to avoid having to maintain a municipal court,Vader would like to have all matters that
currently have jurisdiction and venue in its municipal court be properly heard in the
Lewis County District Court. However, any case that still is under the department of
probation at the Winlock Municipal Court will continue to be supervised by the
Winlock Municipal Court until the probation ends. Enforcement of this provision will
be at the sole discretion and liability of the City of Vader.
D. The City of Vader has very few cases filed annually (historically between 4 and 20
cases per year). Due to the system used by LCSO, consistently tracking the Vader-
specific cases is difficult to impossible.Thus the costs of tracking such cases separately
would likely be more costly than the County providing the services outlined in this
Agreement at no cost. In order to provide consideration for the Court services, the
parties agree that any filing fees, costs, reimbursements, fines or penalties charged or
levied by the Court to litigants and paid to the Court in all Vader cases may be retained
by the County as full compensation for providing the services hereunder to the City.
Interlocal Agreement for Lewis County District Court Services
City of Vader—Page 1
E. It is deemed to be in the best interest of the public health, safety and welfare of the
citizens of the City to contract with Lewis County for District Court services.
2. District Court Costs.
A. The District court shall charge no separate filing fee to Vader for any cases arising out
of the Vader jurisdiction or its contract with LCSO. Instead, the District Court shall
retain any and all fees,fines,penalties and payments made from these cases(as outlined
in Section 4 below)without the obligation to transfer any of these funds to the City of
Vader. This consideration is considered fair and equitable by both parties.
B. In accordance with RCW 39.34.180,nothing in this Agreement is intended to alter the
statutory responsibilities of the county for the prosecution, adjudication, sentencing,
and incarceration for not more than one year of felony offenders,nor shall this section
apply to any offense initially filed by the prosecuting attorney as a felony offense or an
attempt to commit a felony offense.
3. City Prosecution and Public Defender Services.
A. The County shall, at County expense, provide all prosecutorial and public defender
services for all actions filed in District Court in the name of the City for those cases
filed after the adoption of this Agreement. District Court shall assign the public
defender and the County agrees to be responsible for the costs thereof for those cases
filed after the adoption of this Agreement. Those cases filed prior to this agreement
shall be transferred to the County on a case-by-case basis upon approval of the County
and the City.
4. District Court Imposed Fines,Costs,Forfeitures,Penalties and Certain Costs-Disposition.
A. All, fines, forfeitures, and penalties assessed and collected in whole or in part,by the
District Court for adjudicated City shall be retained by the District Court as full
compensation for the services provided hereunder. In addition, costs assessed by the
Court and paid by the defendants for probation service fees,warrant fees and jury fees
shall be retained by the Court for cases filed after the adoption of this Agreement and
for the following types of cases filed prior to the adoption of this Agreement:
1. Pre and post-conviction criminal cases in warrant status;
2. Pre and post-conviction criminal cases in with outstanding bail/bonds;
3. Pre and post-conviction criminal cases with active protective/restraining orders;
4. Post-conviction criminal cases with outstanding restitution;
5. Post-conviction criminal cases with outstanding court fines and fees;
6. Post-conviction criminal cases with remaining supervisory jurisdiction;and
7. Infraction cases with outstanding fines and fees.
B. The City supports the funding of the Lewis County District Court Probation
Department. For the purpose of providing additional funding for the Probation
Interlocal Agreement for Lewis County District Court Services
City of Vader—Page 2
Department,the City,pursuant to RCW 10.64.120,encourages the District Court when
deemed appropriate,to levy a monthly assessment on the City cases whenever a person
is referred by the court to the Probation Department for supervision. These fees will be
paid by the person under supervision and not by the City.
5. General Provisions.
A. This contract shall not be construed as or deemed to be a contract for the benefit of any
third party or parties and no third party or parties shall have any right to action
hereunder for any cause whatsoever.
B. No agent, employee, servant or representative of the City shall be deemed to be an
employee of Lewis County for any purpose and no employee of Lewis County or of
the District Court shall be deemed an employee of the City.
C. Each party to this contract shall act in good faith and shall aid and assist the other in
•
accomplishing the objectives of this contract.
D. This contract, upon execution by all parties, supersedes all prior contracts and
agreements for District Court services between the City, District Court and Lewis
County.
E. Amendments to this Agreement must be in writing and may be made at any time during
the term of the Agreement by agreement and signature of both parties.
6. Defense and Indemnification.
Either Party shall defend, protect, and hold harmless the other Party or any officers or
employees thereof,from and against all claims,suits,or action arising from any intentional
or negligent act or omission of the other Party or any employee, agent or representative of
the other Party or any subcontractor, while performing under the terms of this contract.
7. Arbitration.
A. It is the intent and purpose of all parties to this contract to negotiate for District Court
services in good faith and to provide for reasonable terms and conditions and equitable
costs. In the event that the City and County are unable to reach an agreement for a
succeeding year's court services prior to the termination of this contract, the City and
County shall be deemed to have entered into an agreement to submit the issue to
arbitration pursuant to RCW 3.62.070 and RCW 39.32.180(3), it is agreed that for the
purpose of arbitration, the arbitrator or arbitrators shall only consider those additional
costs borne by the County in providing District Court services.
B. In the event that this contract is submitted to arbitration,the City and County,agree to
honor the existing contractual terms and conditions pending the conclusion of the
arbitration proceeding.
Interlocal Agreement for Lewis County District Court Services
City of Vader—Page 3
8. Term.
A. The initial term of this Agreement is from the date listed in the first paragraph hereof
on Page 1 through December 31, 2023. At the end of the initial term and any
subsequent term, this Agreement shall automatically renew for an additional 5 year
term. Not-withstanding this automatic renewal, this Agreement may be terminated in
accordance with Section 8(B) below and may be amended from time to time in
accordance with Section 5(E)above.
9. Modification and Termination.
A. This contract shall be reviewed annually on or before the 1st day of September and
proposed changes by the City or District Court shall be presented at a time and in such
a manner as to allow full discussion and consideration of the proposed changes as part
of the City's budget process.
B. Either party shall have the right to terminate this Agreement, provided that the
terminating party notifes the otherparty in writing twelve (12) months prior to such ch
termination to allow the parties' sufficient time to address alternate measures.
C. Termination of this contract shall not affect any case,proceeding,appeal or other matter
pending in the District Court, or in any way modify any right or liability, civil or
criminal,which may be in existence on the effective date of termination by either the
City or District Court.
10.Records Maintenance.
Each Party shall maintain all books, records, documents, data and other evidence relating
to this Agreement and performance of the services described herein, including but not
limited to, accounting procedures and practices which sufficiently and properly reflect all
direct and indirect costs of any nature expended in the performance of this Agreement.
Both Parties shall retain such records for a period of seven(7)years.
If any litigation,claim or audit is started before the expiration of the seven-(7)year period,
the records shall be retained for a period of seven (7) years after all litigation, claims, or
audit findings involving the records have been finally resolved.
11. Severability.
If any term or condition of this Agreement or the application thereof to any person(s) or
circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application.
To this end,the terms and conditions of this Agreement are declared severable.
Interlocal Agreement for Lewis County District Court Services
City of Vader—Page 4
12.Conformance.
If any provision of this Agreement violates any statute or rule of law of the state of
Washington or of the United States of America, it is considered modified to conform to
that statute or rule of law.
13. Waiver.
Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any
prior or subsequent breach. No term or condition of this Agreement shall be held to be
waived, modified or deleted except by an instrument, in writing, signed by the party
granting such a waiver.
14. Survival.
The terms and conditions contained in this Agreement will survive the completion,
cancellation, termination or expiration of the Agreement.
15.Entire Agreement.
This written Agreement represents the entire agreement between the parties.
IN WITNESS WHEREOF,the parties have executed this contract by laws governing their
respective jurisdiction and powers.
2
DATED this 2Attrday of April 2020.
BOARD OF COUNTY COMMISSIONERS CITY OF VADER
LEWIS COUNTY
cAte7r/
Edn und,Commi sioner Joe S ey,Mayor
Bobby Ja on, Commissioner
Gary Stamper, Commissio er
Interlocal Agreement for Lewis County District Court Services
City of Vader—Page 5
APPROVED AS TO FORM APPROVED AS TO FORM
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JonaThan Meyer ' .1
ifer S. Ro son
County Prosecuting Attorney ader City A ': ey
A IThST ATTEST
Name: 12 i t rt� TG Dianne Floyd /l
Lewis County Auditor'sOffice Vader City Clerk/Treasurer (/
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Interlocal Agreement for Lewis County District Court Services
City of Vader—Page 6
BOCC AGENDA ITEM SUMMARY
Resolution: 20-141 BOCC Meeting Date: April 27, 2020
Suggested Wording for Agenda Item: Agenda Type: Deliberation
Approving an amended interlocal agreement between the City of Vader and Lewis County for
District Court services
Contact: Amber Smith Phone: 360-740-2750
Department: BOCC - Board of County Commissioners
Description:
Amended interlocal agreement between the City of Vader and Lewis County for District Court
services.
Approvals: Publication Requirements:
Publications:
User Status
PA's Office Approved
Additional Copies: Cover Letter To:
Judge Buzzard, Brittni Rogers