Interlocal Agreement with City of Vader regarding District Court Services BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF LEWIS COUNTY, WASHINGTON
IN THE MATTER OF: }
Approving an Interlocal Agreement between Lewis County }
and City of Vader regarding District Court services. } RESOLUTION NO. 19-
}
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;
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 REGULAR SESSION this d day of June 2019
APPROVED AS TO FORM :• ' RD OF COUNTY CO MISSIONERS
Jonathan L Meyer, Prosecuting Attorney z LE IS COUNTY, WAS NGTON
B Deputy Pros outing Attorney Robert C Jackson, Chair
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ATTEST o 0-4.1N5--pa-TD—79s • ary mper, Vice Chair
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Rieva Lester, Clerk of the . - \ ,�� • Edna J Fund, Comm ..ioner
County Board of County Cop-pas
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INTERLOCAL AGREEMENT BETWEEN THE CITY OF
VADER, WASHINGTON AND LEWIS COUNTY, WASHINGTON
FOR DISTRICT COURT SERVICES
THIS AGREEMENT, made and executed this I tday ofh� , 2019,
by and between the City of Vader, Washington, hereinafter referred to as the "City", and Lewis
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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 Shenff'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
D The City of Vader has very few cases filed annually (histoncally 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
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
Interlocal Agreement for Lewis County District Court Services
City of Vader—Page 1
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 District Court
shall assign the public defender and the County agrees to be responsible for the costs
thereof.
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
B. The City supports the funding of the Lewis County District Court Probation
Department For the purpose of providing additional funding for the Probation
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
Interlocal Agreement for Lewis County District Court Services
City of Vader—Page 2
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 pnor 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 Arbitration
A It is the intent and purpose of all parties to this contract to negotiate for Distnct 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 Distnct 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
7 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 Notwithstanding 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
8 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 notifies the other party in writing twelve (12) months prior to such
termination to allow the parties' sufficient time to address alternate measures
Interlocal Agreement for Lewis County District Court Services
City of Vader—Page 3
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
IN WITNESS WHEREOF, the parties have executed this contract by laws governing their
respective jurisdiction and powers.
DATED this , y'A` day of '0,,VNL., , 2019
BOARD OF COUNTY COMMISSIONERS CITY OF VADER
LEWIS COUNTY
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Edna Fund, Corn loner 'Lois Wilson, Mayor
Bobby J•'ckson, Commissioner
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Gary Stami4er, Commissioner
APPROVED AS TO FORM APPROVED AS TO FORM
.,, V\A,klci L L / ' '4 di 4/07,
Jonathan Meyer fifer S Rsi rtson
County Prosecuting Attorney der City A torney
ATTEST ATTEST
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< zName .i Gtr.. L■e tom ..-= i .i., -/' : Jill N. lson
Lewis County A to's Offi,u \ N9 ' R G ® Vad City
Clerk/Treasurer
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Interlocal Agreement for Lewis County District Court Services
City of Vader—Page 4
RESOLUTION NO. 12-2019
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VADER, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT WITH LEWIS COUNTY FOR THE
DISTRICT COURT SERVICES.
WHEREAS, in accordance with Chapter 39 34 RCW, the "Interlocal Cooperation Act",
the City is authorized to contract with other governmental agencies to provide services that the
City is authorized to perform, and
WHEREAS, Lewis County operates a district court that has adequate capacity to handle
Vader cases, and
WHEREAS, the City of Vader recently entered negotiations with Lewis County for the
purpose of entenng into an Interlocal Agreement with Lewis County for District court services,
and
WHEREAS, the County and the City have reached an agreement consistent with RCW
3 50 805 under which the County will be fairly compensated for the costs of court services, and
WHEREAS, the District Court services under the Lewis County Interlocal will
commence on July 1, 2019, and
WHEREAS, the Council deems it in the best interests of the public to authorize the
Mayor to execute the Interlocal Agreement with Lewis County for District Court services, and
WHEREAS, on June 27, 2019, the City Council adopted this Resolution during its
regular meeting, NOW,THEREFORE
THE CITY COUNCIL OF THE CITY OF VADER, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS
1
Section 1 Authorization of Agreement. The Mayor is hereby authorized to execute the
Interlocal Agreement for District Court Services between the City of Vader and Lewis County in
substantially the form attached hereto as Exhibit"1"
Section 2. Posting on Website Required The Clerk is directed to post a copy of this
Agreement,once fully executed, on the City's website
RESOLVED this 6?7 day of June, 2019
APPROVED
LJYi2
oiS Wilson, Mayor
ATTEST/AUTHENTICATED
C --\
Jill lson,City Clerk
PASSED BY THE CITY COUNCIL to —a ll-i q
RESOLUTION NO 102-0701°!
2
BOCC AGENDA ITEM SUMMARY
Resolution: BOCC Meeting Date Jun 10, 2019
Suggested Wording for Agenda Item Agenda Type. Consent
Interlocal agreement between the City of Vader and Lewis County for District Court services
Contact Candace Hallom Phone. 3607401391
Department: Board of County Commissioners
Action Needed: Approve Resolution
Description
Interlocal agreement between the City of Vader and Lewis County for District Court services
Cover Letter To
City of Vader