HomeMy WebLinkAboutCity of Mesa Municipal Court Services and FacilitiesINTERLOCAL AGREEMENT BETWEEN THE CITY OF MESA AND THE CITY OF
PASCO FOR MUNICIPAL COURT SERVICES AND FACILITIES
WHEREAS, the City of Mesa (hereafter "Mesa") is a municipal corporation organized
under the laws of the State of Washington; and
WHEREAS, the City of Pasco (hereafter "Pasco") is a municipal corporation organized
under the laws of the State of Washington; and
WHEREAS, each of the parties to this Agreement is authorized under Washington law
to operate a municipal court (Chapter 3.50 RCW); and
WHEREAS, Chapter 39.34 RCW ("The Interlocal Cooperation Act") permits municipal
corporations to contract with one another to perform any act that each is independently
authorized to perform; and
WHEREAS, RCW 39.34.180 and 3.50.805 authorize municipal corporations to enter
into interlocal agreements for municipal court services; and
WHEREAS, Pasco currently operates a municipal court; and
WHEREAS, Pasco is willing to provide these municipal court services to Mesa; and
NOW, THEREFORE, in consideration for the mutual covenants and promises set forth
in this Agreement, and in the exercise of authority granted by the Interlocal Cooperation Act,
Chapter 39.34 RCW, Mesa and Pasco do hereby agree to the following:
1. Purpose. The purpose of this Agreement is to provide municipal court services to
Mesa.
2. Administration. The following individuals are designated as representatives of
the respective parties. The representatives shall be responsible for administration of this
Agreement and for coordinating and monitoring performance under this Agreement. In the event
such representatives are changed, the party making the change shall notify the other party.
The City of Pasco's representative shall be Dot French, Court Administrator.
City of Mesa's representative shall be Teresa Standridge, City Clerk.
No joint acquisition of real or personal property is contemplated hereunder. Mesa agrees that
court operations under this Agreement will be as provided for by Pasco Municipal Code Chapter
2.14.
3. Duties of Pasco. Pasco shall perform the following duties:
(a) Provide all municipal court services for Mesa. For the purpose of this
Agreement, "Municipal Court Services" shall include all local court services currently
provided by Pasco Municipal Court including, filing, processing, adjudication, and
penalty enforcement of all Mesa cases filed, or to be filed, by Mesa in Pasco Municipal
Court. This includes, but is not limited to, issuance of search and arrest warrants,
issuance of subpoenas for non -criminal traffic citations to an officer or radar expert on
behalf of a defendant when a timely and written request is submitted in conformance with
IRLJ 3.1 (a) and local court rules, setting of motions and evidentiary hearings, pre -trials,
bench trials, jury trials, sentencing, reviews, post -trial motions and provide court security.
Pasco shall provide all necessary court services personnel, equipment and facilities to
perform the foregoing described Municipal Court Services in a timely manner as required
by law and court rule.
(b) Provide facilities, materials, and support staff of the municipal judge and
pro tem judge(s).
(c) Compensate the municipal judge and pro tem judge(s), as per the terms of
this Agreement.
(d) Accept all misdemeanor criminal and infraction filings and timely process
and adjudicate the same.
(e) Remit all revenues due to Mesa pursuant to this agreement.
(f) Provide collection services to collect court -mandated costs and
assessments.
(g) Provide monitoring of court ordered probation. (Pasco shall retain revenue
associated with assigned probation cases).
(h) Provide for necessary language interpretation services.
(i) Provide Prosecution and Public Defense services, as needed.
4. Duties of Mesa. Mesa shall perform the following duties:
(a) Filing of Tickets. Criminal citations and infractions issued by Mesa shall
be filed with the Pasco Court within 2 business days after the violation or ticket issuance.
If a person is booked into jail, Franklin County Sheriff must fax the police report to the
Pasco Municipal Court no later than 8:00 AM the next day.
(b) Warrants. Whenever Mesa executes a warrant, Mesa shall contact the
Pasco Municipal Court and make a return on the warrant as soon as possible.
(c) Jail Costs. Mesa is responsible for incarceration arrangements for its
defendants and the cost for such incarceration.
(d) Appeals. In the event that Mesa files an appeal, Mesa shall be responsible
for all costs and fees necessary to effect and prosecute said appeal.
5. Mesa Municipal Court Created. Mesa is creating a municipal court. This court
is being established for statutory purposes only. Mesa hereby designates the Pasco Municipal
Court to operate as the municipal court for Mesa. A case filed in Pasco Municipal Court will
continue to be identified as a case filed by Mesa.
(a) Municipal Judge. The Mayor of Mesa shall appoint a Municipal Judge to
preside over its respective municipal court. Mesa agrees to appoint the current Pasco
Municipal Judge to this position. The appointed Municipal Judge shall be qualified in
accordance with state law, including holding a law degree and being admitted to practice
law under the laws of the State of Washington.
Interlocal Agreement between City of Mesa and City of Pasco for Municipal Court Services
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(b) Court Administrator. Mesa shall appoint a Court Administrator to
supervise the municipal court. Mesa agrees to appoint the current Pasco Court
Administrator to this position. The appointed Court Administrator shall be qualified in
accordance with City of Pasco Municipal Court current job description.
(c) Salary. Mesa shall provide that the Judge and Court Administrator shall
be compensated as established by the City of Pasco.
6. Cost of Contract and Payments. Mesa shall pay Pasco for providing municipal
court/ hearing services on a per case basis as follows:
(a) For each criminal citation filed- $300.
(b) For each traffic, parking, or non -traffic infraction filed- $50.
(c) For each case which requires assignment of the City Prosecutor- $100;
Jury trial- $400.
(d) For each case which requires assignment of a public defender- $170; Jury
trial- $440.
(e) Actual costs for each jury panel.
(f) For each case which requires assignment of arraignment counsel- $60.
Hearing services for vehicle impounds and dangerous dogs will be provided at $80/hr. Services
will be scheduled through the Pasco City Clerk, by Mesa, as needed.
These fees shall be paid regardless of whether the cases are later dismissed without a full
adjudication.
Pasco shall bill Mesa on a monthly basis for amounts due under this Agreement. Mesa shall pay
the amount due within 45 days of receipt. However, if Mesa has a good faith dispute with the
amount of the invoice, Mesa shall pay the non -disputed amount within the time frame set forth in
this section.
7. Compensation for Court Costs. Pursuant to RCW 3.62.070 and RCW
39.24.180, Pasco shall remit to Mesa Local Court Revenues as distributed by the Judicial
Information System (JIS) database, for Mesa cases, at the end of each month. Mesa shall be
responsible to remit all monies due and owed to the State of Washington in connection with
Mesa's cases.
In entering into this Agreement for Municipal Court Services, Mesa and Pasco have considered,
pursuant to RCW 39.34.180, the anticipated costs of services, anticipated and potential revenues
to fund the services, including fines and fees, filing fee recoupment, criminal justice funding, and
state sales tax funding.
8. Local Court Revenues Defined. The Local Court Revenues include all fines,
forfeited bail, penalties, court cost recoupment and parking ticket payments derived from Mesa
cases filed after payment of any and all assessments required by state law thereon. Local Court
revenues include all revenues defined above received by the Court as of the effective date of this
agreement. Local Court Revenues exclude: restitution or reimbursement to Mesa or a crime
victim, or other restitution as may be awarded by a judge.
Interlocal Agreement between City of Mesa and City of Pasco for Municipal Court Services
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9. Monthly Reporting and Monthly Payment to City. Pasco shall provide to
Mesa a monthly remittance report and a check or wire transfer for Local Court Revenues no later
than ten business days after the end of the calendar month. In addition, Pasco will provide to
Mesa a monthly report listing Mesa cases filed with Pasco Municipal Court for said month.
10. Indemnification.
(a) Mesa Ordinances, Rules and Regulations. In executing this Agreement,
Pasco does not assume liability or responsibility for or in any way release Mesa from any
liability or responsibility which arises in whole or in part from the existence or effect of
Mesa ordinances, rules, or regulations, policies or procedures. If any cause, claim, suit,
action or administrative proceeding is commenced in which the enforceability and/or
validity of any Mesa ordinance, rule, or regulation is at issue, Mesa shall defend the same
at its sole expense and if judgment is entered or damages are awarded against Mesa,
Pasco, or both, Mesa shall satisfy the same, including all chargeable costs and attorneys'
fees.
(b) Mesa Indemnification of Pasco. Mesa shall indemnify, defend, and hold
harmless Pasco, its officers, agents and employees, from and against any and all claims,
actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever,
including costs and attorneys' fees in defense thereof, for injuries, sickness or death of
persons (including employees of Mesa), or damage to property, or the violation of any
person's civil rights, which is caused by or arises out of Mesa's acts errors or omissions
with respect to the subject matter of this agreement; provided, however;
(i) Mesa's obligation to indemnify, defend and hold harmless shall not
extend to injuries, sickness, death, damage or civil rights violations caused
by or resulting from the sole actions or negligence of Pasco, its officers,
agents or employees; and
(ii) Mesa's obligation to indemnify, defend, and hold harmless for
injuries, sickness, death, damage or civil rights violations caused by or
resulting from the concurrent actions or negligence of Mesa and Pasco
shall apply only to the extent that Mesa's actions or negligence caused or
contributed thereto.
(c) Pasco Indemnification of Mesa. Pasco shall indemnify, defend, and hold
harmless Mesa, its officers, agents and employees, from and against any and all claims,
actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever,
including costs and attorneys' fees in defense thereof, for injuries, sickness or death or
persons (including employees of Pasco), or damage to property, or the violation of any
person's civil rights, which is caused by or arises out of Pasco' acts, errors or omissions
with respect to the subject matter of this agreement; provided, however
(i) Pasco's obligation to indemnify, defend and hold harmless shall
not extend to injuries, sickness, death, damage or civil rights violations
caused by or resulting from the sole actions or negligence of Mesa, its
officers, agent or employees; and
(ii) Pasco's obligation to indemnify, defend and hold harmless for
Interlocal Agreement between City of Mesa and City of Pasco for Municipal Court Services
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injuries, sickness, death, damage or civil rights violations caused by or
resulting from the concurrent actions or negligence of Pasco and Mesa
shall apply only to the extent that Pasco's actions or negligence caused or
contributed thereto.
(d) Indemnification for Events Occurring Prior to Termination of Court
Services. The obligation to indemnify, defend and hold harmless for those injuries
provided for in Sections 11(b) and I I(c) extends to those events occurring prior to the
termination of court services under this Agreement. No obligation exists to indemnify for
injuries caused by or resulting from events occurring after the last day of court services
under this Agreement. The obligation, of a party, to indemnify, defend, and hold
harmless, under Sections I I(b) and 11(c) shall survive termination of this Agreement for
any event that occurred prior to such termination.
11. Actions Contesting Agreement. Each party shall appear and defend any action
or legal proceeding brought to determine or contest: (i) the validity of this Agreement and/or (ii)
the legal authority of Mesa and/or Pasco to undertake the activities contemplated by this
Agreement. If both parties to this Agreement are not named as parties to the action, the party
named shall give the other party prompt notice of the action and provide the other an opportunity
to intervene. Each party shall bear any costs and expenses taxed by the court against it; any costs
and expenses assessed by a court against both parties jointly shall be shared equally.
12. Independent Contractor. Each party to this Agreement is an independent
contractor with respect to the subject matter herein. Nothing in this Agreement shall make any
employee of Mesa a Pasco employee for any purpose, including, but not limited to, for
withholding of taxes, payment of benefits, worker's compensation pursuant to Title 51 RCW, or
any other rights or privileges accorded Pasco's employees by virtue of their employment.
Nothing in this Agreement shall make any employee of Pasco a Mesa employee for any purpose,
including but not limited to for withholding taxes, payment of benefits, worker's compensation
pursuant to Title 51 RCW, or any other rights or privileges accorded Mesa employees by virtue
of their employment. At all times pertinent hereto, employees of Pasco are acting as Pasco
employees and employees of Mesa are acting as Mesa employees.
13. Notice. Any notice or other communication given hereunder shall be deemed
sufficient, if in writing and delivered personally to the addressee, or sent by certified or
registered mail, return receipt requested, addressed as follows, or to such other address as may be
designated by the addressee by written notice to the other party:
To Pasco:
Dot French, Court Administrator
City of Pasco
525 North 3rd Avenue
Pasco, WA 99301
509-545-3492
Interlocal Agreement between City of Mesa and City of Pasco for Municipal Court Services
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To Mesa:
Teresa Standridge, City Clerk
PO Box 146
Mesa, WA 99343
(509) 265-4253
14. Partial Invalidity. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. Any provision of
this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair, or
invalidate any other provisions hereof, and such other provisions shall remain in full force and
effect. Notwithstanding the foregoing, this Agreement shall be subject to re -negotiation as
provided in this Agreement.
15. Assignability. The rights, duties, and obligations of either party to this
Agreement may not be assigned to any third party without the prior written consent of the other
party, which consent shall not be unreasonably withheld.
16. Entire Agreement. This Agreement contains the entire understanding between
the parties and supersedes any prior understandings and agreements between them regarding the
subject matter hereof. There are no other representations, agreements, or understandings, oral or
written, between the parties hereto relating to the subject matter of this Agreement. No
amendment of, or supplement to, this Agreement shall be valid or effective unless made in
writing and executed by the parties hereto.
17. Mediation/Arbitration Clause. In the event of a dispute regarding the breach,
interpretation, or enforcement of this Agreement, the parties shall first meet in a good faith effort
to resolve the dispute. In the event that the parties, either with or without the assistance of a
mediator cannot resolve the dispute, such dispute shall be resolved by binding arbitration
pursuant to RCW 7.04A. The costs of the arbitrator shall be equally borne between the parties;
however the Arbitrator may award attorney fees and costs of the substantially prevailing party as
an additional award against the other. Venue shall be placed in Pasco, Washington and in the
event of a de novo appeal, the parties waive their respective rights to a jury trial.
18. Captions. The section and paragraph captions used in this Agreement are for
convenience only and shall not control or affect the meaning or construction of any of the
provisions of this Agreement.
19. Interlocal Cooperation Act Provision. No separate legal or administrative entity
is intended to be created pursuant to this Agreement. No special fund or budgets are anticipated,
nor shall be created as a result of this Agreement. For the purpose of administration, the City
Manager, or his designee, is designated as the Administrator on behalf of the City of Pasco; and
the Mayor, or the Mayor's designee, is designated as the Administrator on behalf of the City of
Mesa.
A copy of this Agreement shall be filed with the Franklin County Auditor, or alternatively listed
by subject on either Parties' website or other electronically retrievable public source.
Interlocal Agreement between City of Mesa and City of Pasco for Municipal Court Services
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20. Duration and Termination. The terms of ,this Agreement shall be for a period of
two (2) years. The Agreement shall take effect on � 2013 or as soon thereafter as all of
the following events have occurred:
(a) Approval of the Agreement by the official action of the governing bodies
of each of the parties hereto.
(b) Execution of the Agreement by the duly authorized representative of each
of the parties hereto.
(c) Filing a copy of this Agreement with the Franklin County Auditor.
Either party may elect to terminate this Agreement by written notice of termination to the other
party delivered by regular mail to the contact person identified herein. Said termination shall
become effective one -hundred eighty (180) days from the date of receipt of said written notice.
DATED this —22. day of - IQ o l J (2Izf 2013.
CITY OF PASCO
Matt Watkins, Mayor
ATTEST
De ie Clark, City Clerk
APPROVED AS TO FORM
Lee Kerr, Attorney
TY F MESA
David M. erguson, Ma
ATTEST
esa 9tandildge, City Clerk
` APPROVED AS TO FORM
Lee Kerr, Attorney
Interlocal Agreement between City of Mesa and City of Pasco for Municipal Court Services
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