HomeMy WebLinkAbout5582 RESOLUTION NO. 5582
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF AUBURN AND KING COUNTY FOR DISTRICT
COURT SERVICES
WHEREAS, in 2012,the City of Auburn dissolved its municipal court and entered into an
Interlocal Agreement with King County for district court services; and
WHEREAS,the current Agreement expires December 31, 2021;
WHEREAS, it is necessary and appropriate for the City to enter into a new Interlocal
Agreement with King County for court services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Interlocal Agreement between the
City and King County, which agreement will be in substantial conformity with the agreement
attached hereto.
Section 2. The Mayor is authorized to implement those administrative procedures
necessary to carry out the directives of this Resolution.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed: February 1, 2021
CITY OF AUBURN
4 ANCY itk US, MA OR
Resolution No.5822
January 13,2021
Page 1 of 2 Rev.2020
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney
Resolution No. 5822
January 13,2021
Page 2 of 2 Rev.2020
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INTERLOCAL AGREEMENT FOR PROVISION OF DISTRICT COURT
SERVICES BETWEEN KING COUNTY AND THE CITY OF AUBURN
THIS INTERLOCAL AGREEMENT("Agreement")FOR PROVISION OF
DISTRICT COURT SERVICES BETWEEN KING COUNTY ("County")AND THE
CITY OF AUBURN ("City") is entered on this 9th day of December , 2021. County
and the City may be referred to herein collectively as the"Parties" and individually as a
"Party."
Y•
RECITALS
1. On August 22,2006,the County and the original Participating Cities
entered into an Interlocal Agreement for Provision of District Court Services ("2006
Agreement"). As of January 1,2020, Auburn, Beaux Arts,Bellevue, Burien, Carnation,
Covington,Duvall,Kenmore,Redmond, Sammamish, Shoreline, and Skykomish are
Parties to the 2006 Agreement. The 2006 Agreement expires December 31, 2021,
thereby requiring a new interlocal agreement for District Court services.
2. Under the 2006 Agreement,the County is providing the City with District
Court services at the King County District Court—South Division, Auburn Courthouse
("Auburn District Court") located at AUBURN COURTHOUSE, 340 E Main Street
#101, Auburn, WA 98002, and the City is sharing in the King County District Court
system costs with the other Participating Cities.
3. It is the intent of the County and the Participating Cities to establish
mechanisms within this Agreement to ensure court services, case processing, and court
operations are delivered as consistently as possible within each District Court, including,
for the City,the Auburn District Court, and across the King County District Court
system.
4. The County and the Participating Cities have established within this
Agreement a process under which District Court services, facilities, and costs can be
mutually reviewed.
5. The Parties acknowledge that they and the public they together serve have
benefited from the flexible and collaborative approach to problem solving that
historically has defined the relationship between the Parties and wish to memorialize and
continue that approach in this Agreement.
6. The Parties' relationship has yielded many successes, including
implementation of Community Court,the stabilization of the call center, and execution of
the Case Management System (CMS)project.
7. The Parties understand that a successful partnership is achieved when the
County and the Cities pay for the services each uses in order to have a true reconciliation
of the costs to provide such services to the public.
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8. The Parties embrace the value of collaboration and transparent
communication to seamlessly meet the needs of our changing metropolitan region related
to criminal justice services.
9. The County will continue to support a unified, County-wide District
Court,utilizing existing facilities,to provide for a more equitable and cost effective
system of justice for the citizens of King County. The County will continue to:
A. Ensure District Court facilities promote system efficiencies, quality
services and access to justice;
B. Consolidate District Court facilities that exist in the same city;
C. Reconsider facilities if there are changes with Participating Cities or
changes in leases;
D. Work with the Participating Cities to develop a facility plan as it relates
to the District Court and District Court related services.
10. In entering into this Agreement for District Court Services,the
Participating Cities and County 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.
11. With this Agreement,the Parties intend to provide sufficient revenue to
the County to allow for the continued provision of District Court services and provide the
City with a service level commensurate with that revenue.
NOW THEREFORE, in consideration of the mutual covenants contained herein,
the sufficiency of which is hereby acknowledged,the Parties agree as follows:
DEFINITIONS
Words and terms shall be given their ordinary and usual meanings. Where used
in the Agreement and Exhibits,the following words and terms shall have the meanings
indicated. The meanings shall be applicable to the singular,plural, masculine, feminine
and neutral form of the words and terms.
City/Participating City: An individual city.
Cities/Participating Cities: The Cities that have contracted with King County for
District Court services, collectively.
Court/District Court: The branch of government within King County tasked
with providing District Court services to the County and to the Participating Cities.
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Court Facility Management Review Committee(CFMRC): A committee that
is facility-specific and includes representatives from the County as well as individual
Cities served by that facility to discuss facility-level issues. A committee having a
different name but serving in this capacity is considered a CFMRC.
District Court Management Review Committee(DCMRC): A committee that
includes a representative from all of the Participating Cities to discuss system-wide
issues.
District Court System: The King County District Court system as a whole.
Effective Date: January 1, 2022
KCC: King County Courthouse in Seattle, WA.
MRJC: Maleng Regional Justice Center in Kent, WA.
Regular Calendar: A recurring court calendar which requires the attendance of a
judge,court staff,and an individual City's prosecutor,public defender,and/or police officers.
1.0 TERM AND TERMINATION
1.1 Term. This Agreement shall be effective as of January 1, 2022 and shall remain
in effect for an initial term of five (5) years ending on December 31, 2026. Unless
terminated or extended pursuant to Section 1.2,this Agreement shall be automatically
extended on the same terms and conditions as follows:
a. For a four(4)year term thereafter commencing January 1,2027, and expiring
on December 31, 2030 (the "First Extension"); and
b. For a four(4) year term thereafter commencing January 1, 2031, and expiring
on December 31, 2034 (the"Second Extension").
1.2 Termination and Notice of Termination. This Agreement is terminable by the
County,without cause and in its sole discretion, if County provides written notice to the
City(ies) it seeks to terminate. Any Participating City may individually terminate its
participation in this Agreement,without cause and in its sole discretion, by providing
written notice to the County. The terminating party shall provide notice (electronic
notice is permitted for this notification only)to all other Participating Cities. Notice of
termination shall be provided no later than the following dates:
Initial Term: By February 1, 2025 for termination effective December 31, 2026
First Extension: By February 1, 2029 for termination effective December 31, 2030
Second Extension: By February 1, 2033 for termination effective December 31, 2034
It is the County's and the Participating Cities' intent for Section 1.2 to provide as much
or more notice than required by the provisions of RCW 3.50.810 and RCW 35.20.010(3)
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and(4) in effect on the Effective Date of this Agreement. If the RCWs are amended to
require more notice than Section 1.2 provides, such longer notice requirement shall
apply.
1.3 Extension pending conclusion of negotiations with respect to amending
Agreement. The County and the Participating Cities may agree in writing to extend any
term of this Agreement upon the same terms and conditions if they are negotiating in
good faith for amendments to the Agreement. The extension shall be such that expiration
of the Agreement occurs not less than 18 consecutive months after the end of good faith
negotiations. The end of good faith negotiations may be declared in writing by the
County or any individual City. Following such declaration,there shall be a thirty(30)
calendar day period in which the County or any individual City may provide written
notice to the County or all of the Participating of its intent to let the Agreement expire at
the end of the extended Agreement term.
2.0 SERVICES; OVERSIGHT COMMITTEES
2.1 District Court Services Defined. The County and District Court shall provide
District Court Services for all Participating Cities' cases filed by a Participating City in
its assigned King County District Court. District Court Services as used in this
Agreement shall mean and include all local court services imposed by Washington State
statute, court rule, individual City ordinance, or other regulations as now existing or as
hereafter amended, including but not limited to the services identified in Section 2 of this
Agreement. Nothing in this Agreement shall permit the Participating Cities, collectively
or individually,to regulate the administration of the Court or the selection of particular
judges to hear its cases by City ordinance. District Court services may include
Community Court services which shall be billed in the same manner as other cases filed
by a Participating City in its assigned King County District Court.
2.2 Decision-Making. The County and the Participating Cities recognize that General
Rule (GR) 29 requires that the ultimate decision-making authority regarding the
management and administration of the Court rests with the Presiding Judge and/or the
Division Presiding Judge, and the County and the Participating Cities recognize that the
duties imposed by GR 29 are non-delegable except as provided otherwise in GR 29. The
provisions of Sections 2.1 through 2.2.7 of this Agreement are subject to GR 29 and the
non-delegable duties and responsibilities of the Presiding Judge and/or the Division
Presiding Judge contained therein.
2.2.1 Case Processing and Management. The County and District Court shall
remain responsible for the filing,processing, adjudication, and penalty
enforcement of all Participating Cities' cases filed, or to be filed, by a
Participating City in its assigned District Court,whether criminal or civil.
Such services shall include but not be limited to: issuance of search and
arrest warrants; interpreters for Court hearings,the conduct of motions and
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other evidentiary hearings; pre-trial hearings; discovery matters;
notifications and subpoenaing of witnessesI and parties prior to a
scheduled hearing;providing to a Participating City prosecutor(and
contract Participating City prosecutor who has signed the required
Department of Licensing confidentiality agreement), complete Court
calendars,the conduct of bench and jury trials;pre-sentence
investigations; sentencing;post-trial motions;the duties of the Courts of
Limited Jurisdiction regarding appeals; and any and all other Court
functions as they relate to municipal cases filed by the Participating City
in its assigned District Court.
2.2.2 Changes in Court Processing. Except when determined by the Presiding
Judge that a shorter notice period is necessary,the District Court shall
provide a Participating City's designated representative(s)DCMRC with
sixty(60) calendar days written notice by U.S. Mail or e-mail prior to
changes in Court processing procedures that directly impact a
Participating City's operations (e.g. may require additional prosecutor or
public defense services) in order to provide the Participating City with
adequate time to assess the effect of proposed changes on the Participating
City's operations, unless a shorter timeframe for notice is mutually agreed
upon by the County and the Participating City through the CFMRC.
2.2.3 Customer Service. The District Court shall provide a means for the public to
contact the Court by telephone, including transferring the caller to a particular
Court facility if requested,and front counter access to each Court facility
during regular business hours,without lengthy wait.District Court shall
provide quarterly reports to the DCMRC on its public access.District Court
shall work with the Participating Cities through the DCMRC to address any
customer service concerns.In order to minimize workload on District Court
staff,the Participating City prosecutor,City public defenders,and City
paralegal staff shall have access to their assigned District Court court files
through the Court's portal at no additional cost in order to most efficiently
obtain necessary information.
2.2.4 Probation Services. The County shall provide probation services unless a
Participating City elects to provide its own probation services and notifies
the County in writing that it does not wish the County to provide probation
services. A Participating City shall provide such notice at least six (6)
months prior to January 1 of the year in which probation services shall be
discontinued. The County shall provide a Participating City not less than
twelve (12)months written notice if the County intends to terminate
probation services to a Participating City. Notwithstanding this provision,
the County may terminate probation services upon not less than six (6)
months advance written notice to the City if(a)the County is unable to
When District Court issues subpoenas for witnesses the information contained in the subpoena including
addresses and names is not confidential and is part of the public record.
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procure sufficient primary or excess insurance coverage or to adequately
self-insure against liability arising from the provision of probation
services, and (b)the County ceases to provide probation services
throughout King County District Court system.
2.2.5 Regular Court Calendars.
2.2.5.1 A Participating City budget for court services assumes a finite number
of Regular Calendars. The Participating City's Regular Calendars shall
remain scheduled as set forth on Exhibit D to this Agreement. Any
Regular Calendar that is to occur on a day other than the day or days
specified on Exhibit D shall require the mutual consent of the County
and any Participating City that would be impacted by such change.
However,a Participating City's prior consent shall not be required if a
Regular Calendar is moved to the next judicial day or other day
mutually agreed upon in order to make up a day which the District
Court was closed due to a Court holiday,inclement weather,
emergency circumstances.Prior consent shall not be required to
reschedule calendars for judges to attend judicial conference if the
calendars moved are those calendars that City prosecutors or public
defenders do not normally attend.
2.2.5.2 The provisions of Section 2.2.5.1 regarding Regular Calendars do not
apply to other judicial functions and hearings,including but not limited
to,jail hearings at the King County Jail(Seattle or Regional Justice
Center)or the SCORE Jail hearings or trials that cannot be set on a
Participating City's Regular Calendar due to time limitations or
transport issues,search warrants,infraction hearings where a
Participating City prosecutor or public defender is not required to be
present,or mitigation hearings.
2.2.5.3 The County and an individual Participating City are encouraged to work
collaboratively to adjust the number of Regular Court Calendars by
agreement at any time during the course of this Agreement as necessary
for the efficient operation of the District Court. If either the County or
a Participating City believes that the number of Regular Court
Calendars that a Participating City has are either insufficient or too
numerous,then that party shall request a meeting by March 31'of a
given calendar year to confer regarding the number of Regular Court
Calendars. If the County and a Participating City are unable to agree
on changes by April 30th of that calendar year,the Presiding Judge,
with the concurrence of the executive committee of the District Court,
shall determine the number of Regular Court Calendars that the District
Court believes will be sufficient to manage the Participating City's case
load with consideration of the caseloads and number of hearings of
comparable Participating Cities also being served by the District Court
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and the County's caseload. The County shall provide notice to the
Participating City of the required changes no later than May 31'of the
same calendar year for implementation on January 1 of the subsequent
calendar year.
2.2.6 Participating City Judicial Services. Not later than September 30,the
Participating Cities2 whose cases are primarily heard at the same District
Court facility shall submit in writing to the Chief Presiding Judge a pool
of District Court judges who may hear these Participating Cities' Regular
Calendars beginning the next calendar year. The pool shall consist of not
less than 75 percent of the judges elected or appointed to the judicial
district wherein the facility is located. Within thirty(30) calendar days of
an election or notice to the applicable Participating Cities of an
appointment of a new judge within the judicial district,the Participating
Cities shall be entitled to recreate their pool of District Court judges
("Recreated Pool"). The Recreated Pool shall take effect within thirty(30)
calendar days of submission of the pool. In the case of an election, the
Recreated Pool shall take effect the next calendar year following the
election. Except when the Chief Presiding Judge deems an alternative
assignment is necessary, the Chief Presiding Judge shall assign judges
from these Participating Cities' pool, whether the original pool or a
Recreated Pool, of judges to hear their Regular Calendars. If no pool of
judges is submitted by the Participating Cities at a particular facility,the
Chief Presiding Judge may assign any judge of the King County District
Court system to hear the Regular Calendars at that facility. All other
judicial functions and hearings that are not set on a Participating City's
Regular Calendars can be heard by any judicial officer of the District
Court against whom an affidavit of prejudice has not previously been filed
that would prevent the judicial officer from hearing the matter. Each party
shall notify the other party via email,telephone, or meeting(between the
Cities' DCMRC representative and the Chief Presiding Judge or designee)
when there will be a change or action impacting judicial assignments so
the parties may discuss potential impacts prior to the change being
finalized. This notice requirement does not apply to short-term judicial
coverage that lasts up to one month.
2.2.7 The County shall provide all necessary personnel, equipment and facilities
to perform the foregoing described District Court Services in a timely
manner as required by law and court rule.
2.3 District Court Management Review Committee(DCMRC).
2.3.1 System-wide issues related to the District Court Services provided
pursuant to this Agreement will be monitored and addressed through a
District Court Management Review Committee. The Committee shall
consist of the District Court Chief Presiding Judge,the District Court
2 Procedures of this section shall also apply if only one City is using a court facility.
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Chief Administrative Officer, any other District Court representatives
designated by the District Court Chief Presiding Judge or Chief
Administrative Officer, a representative of the King County Executive,
and one representative or designee for each Participating City. On or
before the effective date of this Agreement, a Participating City shall
identify in writing to the Chief Presiding Judge the name,phone number,
e-mail and postal address of its representative and to whom notice as
provided in this Section shall be sent. If a Participating City wishes to
change the information provided to the Chief Presiding Judge, it shall
notify the Chief Presiding Judge in writing at least seven (7) calendar days
prior to the change. A Participating City may send its representative or
designee to the DCMRC meetings.
2.3.2 The DCMRC shall meet at least quarterly unless otherwise agreed and
shall make decisions and take actions upon the mutual agreement of the
Participating Cities,the County, and the Chief Presiding Judge.Mutual
agreement of the Participating Cities is defined as votes representing 65
percent of total Participating Cities' weighted case filings for the prior
calendar year and 65 percent of all Participating Cities. The County, the
Chief Presiding Judge, or the Participating Cities can vote at any time up
to 45 calendar days after DCMRC action unless mutual agreement has
been reached sooner. The Chief Presiding Judge or designee shall
schedule meetings and submit proposed agendas to the representatives.
Any representative may suggest additional agenda items. The Chief
Presiding Judge or designee shall provide the DCMRC representatives
with written notice of the actions taken by the DCMRC in a timely
manner.
2.3.3 The DCMRC shall ensure that a cost and fee reconciliation is completed at
least annually and that the fees retained by the County and remitted to a
Participating City are adjusted to ensure that the County fully recovers its
Participating City Case Costs and that the Participating City retains the
remaining Fees, as defined and described in Section 4, below.
2.3.4 The DCMRC shall provide recommendations and/or guidelines regarding the
implementation of services under this Agreement including,but not limited to,
court calendar scheduling,public access(such as phone and counter services),
officer overtime,officer availability(such as vacation and training schedules),
new technology,facility issues,jail issues,and warrant issues.
2.4 Court Facility Management Review Committees (CFMRC). Facility level
issues related to this Agreement shall be addressed by the Court Facility Management
Review Committee established for each Facility,taking into consideration guidance from
the DCMRC. The CFMRC for each Division/Facility shall consist of the judges at that
Facility,the Division presiding judge,the Division director,the court manager,the
applicable Participating City prosecutor/attorney,the applicable Participating City public
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defender, and such other representatives as the Participating City or the District Court
wishes to include. On or before the effective date of this Agreement, a Participating City
shall identify in writing to the Division Presiding Judge the name(s),phone number(s), e-
mail and postal address(es)where notice of meetings shall be sent. If a Participating City
wishes to change the information provided to the Division Presiding Judge, it shall notify
the Division Presiding Judge at least seven (7) calendar days prior to the change. A
Participating City may send its representative(s) or the representative's designee to the
CFMRC meetings. Each CFMRC shall meet monthly unless the Court and the applicable
Participating Cities agree to cancel a particular meeting. The members shall agree on
meeting dates. The CFMRC shall make decisions and take actions upon the mutual
agreement of the representatives.
3.0 FACILITIES
3.1 Utilizing Existing County Facilities
3.1.1 The County is committed to a unified, County-wide District Court
and intends to utilize existing facilities pursuant to the provisions
of Section 3.1. The County shall operate a District Court facility
within the Cities of Burien, Issaquah, Redmond, and Shoreline
unless (1)the County obtains agreement to close a particular
facility from all Participating Cities served in the facility proposed
to be closed, or(2)notice has been given to terminate the
Agreement by the Participating City in which the facility is
located.
3.1.2 Notice of Facility Closure. If the County determines that it will
close a District Court facility within the Cities of Burien, Issaquah,
Redmond, and Shoreline and relocate District Court services
within the same City,the County shall provide written notice to the
Participating City(ies) served in the affected facility. Relocation of
the Participating City(ies)'s District Court services under this
subsection shall result from the County's determination, after
consultation with the Participating City(ies) served in the affected
facility, that continuing to operate the facility would 1)pose health
and safety risks; 2) exceed the facility's useful life based on the
cost of maintaining the facility; or 3) not be able to minimally meet
the operational needs of the District Court.
3.1.3 Relocation due to Closure. If a County court facility is to be closed
pursuant to Subsections 3.1.1 or 3.1.2,the County shall work
cooperatively with Participating City(ies) served in the facility to relocate
affected District Court services to a different facility. A Participating City
impacted by a County court facility closure may choose to relocate to an
existing County court facility or move to a different County facility. If
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District Court does not already provide services in the facility(ies)
proposed for the displaced services,the County and the Participating
Cities served in the facility to be closed shall negotiate in good faith a
separate agreement. The separate agreement should include, but is not
limited to, identifying the location of these services, cost sharing
responsibilities and financial commitment, ownership interest(if
applicable), and implementation schedule. If the County and any of the
Participating City(ies) served in the facility to be closed are unable to
come to mutual agreement on relocation in a time frame acceptable to the
County and the impacted Participating Cities(ies), notice of termination
may be given as set forth in Section 1.2 above.
3.1.4 Other County Facilities. The County also has District Court facilities at the
MRJC and the KCC. Upon mutual agreement of the County and a
Participating City services may be provided to a Participating City(ies) at
the MRJC or KCC. In the event of a relocation of a Participating City's
District Court services to the MRJC, KCC, or other County facility not
included in this Agreement, the County and the Participating City will
negotiate appropriate facility operating and rent costs. All other
provisions of this Agreement shall continue to apply.
3.1.5 Temporary Emergency Relocations. The relocation provisions provided
above in Sections 3.1.1- 3.1.3, are not intended to apply to temporary
emergency relocations which may occur in the event of a facility
emergency(e.g. facility flooding, loss of facility heat or water, road
closures, etc.) or natural disaster(e.g. earthquake, extreme weather events,
etc.). Such temporary relocations may only last until the emergency
conditions are resolved if the relocation was done without the consent of
the relocated Participating City(ies). Temporary relocations may only be
extended beyond the resolution of the emergency conditions or made
permanent by mutual consent of the County and the relocated Participating
City(ies).
3.1.5.1 Costs. If District Court Services to a Participating City are
temporarily relocated from one County court facility to another
County court facility, including the MRJC or KCC, due to an
emergency, the Participating City's facility operating and rent
costs will continue as calculated for the original facility for the
duration of the temporary relocation.
3.1.6 Annual Facility Charges. The AFC for existing District Court facilities in
the cities of Burien, Issaquah,Redmond, and Shoreline on the Effective
Date satisfies the financial obligations of the Participating Cities served by
these facilities for facility operations and daily maintenance, major
maintenance, and other costs necessary to maintain existing facilities.
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This AFC does not cover the costs associated with capital improvements
as defined in Section 3.3 and does not entitle a Participating City to any
funds or credit toward replacement of the existing facility. The AFC will
be included as a reimbursable Participating City Case Cost under Exhibit
A with the exception that space that is dedicated to the sole use and benefit
of either a Participating City,the County, or other tenant, shall be
excluded from the total square footage and be the sole financial
responsibility of the benefiting party. Reimbursement for space dedicated
to the sole use of a Participating City shall be based on the financial terms
in Exhibit B and included as a Participating City Case Cost under Exhibit
A. All other terms and conditions for a Participating City dedicated space
shall be covered in a separate agreement. Each year,the County will
identify in Exhibit A the square footage of dedicated space for each
facility. Empty or unused space at a facility,previously used as dedicated
space for the sole benefit and use of either the County, a Participating
City(ies), or other tenant, shall be excluded from the total square footage.
The AFC for the Burien, Issaquah,Redmond and Shoreline facilities are
calculated in accordance with Exhibit B.
3.1.7 Call and Payment Center Charge. Participating Cities will pay an AFC for
space used for the call center and payment center. The charge shall be
calculated in accordance with Exhibit B and included as a reimbursable
Participating City Case Cost under Exhibit A with the exception that space
that is dedicated to the sole use and benefit of the County shall be
excluded from the total square footage for this space.
3.2 Relocation from a Participating City Facility
3.2.1 City Buildings. Where District Court is providing District Court Services
to a Participating City in a City-owned or operated facility and where the
Participating City or the County wishes to relocate District Court Services
to a different facility,the County and the affected Participating City or
Participating Cities agree to work cooperatively to enter into a separate
agreement to relocate to either a County facility or to another City-owned
or operated facility. The agreement should include, but is not limited to
the following:
(a) Identifying a facility location
(b) Cost sharing responsibilities and financial commitment
(c) Ownership interest
(d) Allocation of Implementation Responsibilities
(e) Implementation schedule
(f) Operational terms including but not limited to:
(i) Depending on location of facility, space for a
Participating City's prosecution staff
(ii) Holding cells at facility
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3.2.2 Separate Facility Agreements. The District Court will continue to operate
at the Participating City's facility under the terms of a separate agreement
between the County and the Participating City until the new location is
agreed upon and operational, unless District Court Services are terminated
pursuant to Section 1.2 of this Agreement..
3.2.3 Temporary Emergency Relocations. The provisions of Section 3.1.5
regarding temporary relocations due to emergency circumstances also
apply in the case of District Court Services provided to a Participating
City in a City-owned or operated facility, except Section 3.1.5.1 does not
apply. If District Court Services for a Participating City must be
temporarily relocated from a City-owned or operated facility to a County
facility,the County and the Participating City will negotiate appropriate
facility operating and rent costs and any other appropriate reimbursement
of costs for the temporary relocation.
3.3 Capital Improvement Projects. Capital improvement projects to County
facilities are those projects identified in the approved District Court Facilities Master Plan
or Capital Improvement Plan.
3.3.1 Sole Benefit. Capital improvement projects for space that is dedicated to
the sole use and benefit of either a Participating City(ies) or the County
shall be funded by the benefiting party. In the case of a capital
improvement project solely benefiting a Participating City(ies),the
County and the Participating City(ies)will negotiate payment and enter
into a separate agreement to address such project.
3.3.2 Dual Benefit. Capital improvement projects at a facility for space
benefiting both the County and all Participating Cities served in the
facility shall be presented to the affected CFMRC. The Participating
Cities' contribution to the costs of the capital improvement projects shall
be determined by mutual agreement of the County and the Participating
Cities served in the affected facility. Absent an approved capital cost
sharing agreement between the County and the Participating Cites served
in the affected facility, those Participating Cities are not responsible for
capital project costs.
3.3.3 City Buildings. Where the County and a Participating City have an
agreement for the use of a City-owned or operated facility, cost
apportionment for capital improvement projects is governed by the
agreement between the County and the Participating City rather than
Section 3.3.1 and 3.3.2 above.
4.0 REVENUE; FILING FEES ESTABLISHED; CITY PAYMENTS IN
LIEU OF FILING FEES; LOCAL COURT REVENUE DEFINED.
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4.1 Filing Fees Established. A filing fee is set for every criminal citation and
infraction filed with the District Court.3 Filing fees will be established each year by the
DCMRC pursuant to statutory criteria and this Section. At or before the commencement
of this Agreement,the filing fees shall be as set by the agreement of the Participating
Cities.
4.1.1 Pursuant to RCW 3.62.070 and RCW 39.34.180,the County will retain its
portion of Local Court Revenues (as defined below) and additional
payments pursuant to Section 4.5, if any, as full and complete payment by
a Participating City for services received under this Agreement.
4.2 Compensation for Court Costs. The Participating Cities agree that the County
is entitled to sufficient revenue to compensate the County for all Participating City Case
Costs incurred during the term of this Agreement. For purposes of this Agreement,
"Participating City Case Costs"means the sum of the costs for the Participating City as
determined by the County pursuant to Exhibit A (including attachments A-Q), Exhibit B,
and Exhibit C.
4.3 Annual Reconciliation. To ensure that the revenue provided to the County is
equal to the Participating City's Case Costs incurred in each year of the term of this
Agreement, the County shall perform an annual reconciliation of the actual Participating
City's Case Costs in comparison to the Local Court Revenue, as defined in Section 4.9,
retained by the County during that year in accordance with Exhibit A. The County will
credit the Participating Cities in the reconciliation for each Participating City's share of
offsetting revenue received by the County for District Court from the state, the federal
government and other sources. Reconciliations shall be performed as set forth below:
4.3.1 Beginning in 2022 and each year thereafter,the County shall perform a
reconciliation of its actual reported Participating City's Case Costs and the
Local Court Revenue retained in the previous year. This reconciliation
shall be completed no later than July 31 of each year. The County costs of
performing the reconciliations shall be a reimbursable Participating City's
Case Cost and included as a Participating City's Case Cost under Exhibit
A.
4.3.2 No later than August 1 of the year in which the reconciliation is
completed,the County shall send each Participating City a written
statement as to the findings of the reconciliation.
3 The County and the Participating Cities acknowledge that the filing fees are intended to represent an
approximation of the per-case cost for each filing. The County and the Participating Cities further
acknowledge that while,in a criminal case,a judge,in their discretion and in accordance with Washington
law may order a defendant to pay the filing fee upon conviction(for recoupment to the applicable
Participating City),however,a judge may not order an individual who has been found to have committed
an infraction to pay the infraction filing fee.
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4.4 Payment for Participating City's District Court Services. Subject to the
adjustments set forth below,the County shall retain a percentage of Local Court Revenue
as payment for the Participating City's District Court Services. The percentage of Local
Court Revenue retained by the County shall be the percentage necessary to pay the
Participating City's Case Costs. This percentage shall be based on the prior year's
reconciliation. The Participating City shall receive any remaining Local Court Revenue.
In order to more closely match Local Court Revenue retained by the County with
Participating City Case Costs (and thus lessen the amount of any additional payment or
refunds pursuant to Section 4.5), the Participating City shall adjust the percentage
retained by the County after July 31 of each year, for the following twelve months, based
on the reconciliations of the prior year.
4.5 Reconciliation Adjustments. In the event the reconciliation completed pursuant
to this Agreement shows that the Local Court Revenue retained by the County in the
prior year was less than the Participating City's Case Costs for that year, the Participating
City shall pay the difference to the County within 75 calendar days of receipt of a written
invoice from the County. In the event the reconciliation completed pursuant to this
Agreement shows that the Local Court Revenue retained by the County in the prior year
was more than the Participating City Case Costs for that year,the County shall pay the
difference to the Participating City within 75 calendar days of the County's completion of
the reconciliation or, at the Participating City's option provided in writing to the County,
credit the Participating City with such amount for the following year or extended term of
this Agreement, if any.
4.6 Filing Fees. The County retention of Local Court Revenue and the process for
reconciliation and additional payments/reimbursements is in lieu of direct Participating
City payment for filing fees and it is agreed by the Participating City and County to be
payment for District Court Services provided by the County to the Participating City
under this Agreement.
4.7 Local Court Revenue after Expiration or Termination. Any Local Court
Revenue received after the expiration or termination of this Agreement for cases filed
during the term of this Agreement shall be distributed to the Participating City, less any
costs owed to the County,unless an amendment to this Agreement is executed.
4.8 One-Time Costs for District Court Technology and System Improvement
Projects.
4.8.1 One-Time Costs for Technology and System Improvement Projects are
defined as the costs associated with the development and implementation
of District Court technology and System improvement projects. The
District Court shall involve the Participating Cities in its planning for
technology and system improvement projects as described in Exhibit C.
The Participating Cities shall contribute each year to a reserve fund to
cover one-time costs for technology and system improvement projects in
excess of$100,000. Exhibit C sets forth the amount of the Participating
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Cities' annual contribution to the reserve for one-time costs for technology
and system improvement projects. Technology and system improvement
projects which in total are less than $100,000 in any year will be included
as a reimbursable Participating City Case Cost under Exhibit A.
4.9 Local Court Revenue. Local Court Revenue includes all fines, filing fees,
forfeited bail, penalties, court cost recoupment and parking ticket(including photo
enforcement) payments derived from City-filed cases after payment of any and all
assessments required by state law thereon. Local Court Revenue includes all revenue
defined above received by the court as of opening of business January 1, 2022. Local
Court Revenue excludes:
(a) Payments to a traffic school operated by a City;
(b) Restitution or reimbursement to a City or crime victim, or other restitution
as may be awarded by a judge;
(c) Assessments authorized by statute, such as Domestic Violence and Crime
Victims, used to fund local programs;
(d) Probation revenues;
(e) Reimbursement for home detention and home monitoring,public
defender,jail costs, on City filed cases; and
(f) Revenues from Participating City cases filed prior to January 1, 2000.
4.9.1 All revenue excluded from Local Court Revenue shall be retained by the
County or the Participating City to whom such revenue is owed.
4.9.2 A Participating City will not start a traffic violations bureau during the
term of this Agreement.
4.10 Monthly Reporting and Payment to Participating City. The County will
provide to a Participating City monthly remittance reports and payment for the
Participating City's share of Local Court Revenue no later than three (3) business days
after the end of the normal business month. On a monthly basis, the County will provide
to the Participating City reports listing Participating City cases filed and revenue received
for all Participating City cases on which the Local Court Revenue is calculated.
4.11 Payment of State Assessments. The County will pay on behalf of a Participating
City all amounts due and owing the State relating to Participating City cases filed at the
District Court out of the gross Court revenues received by the District Court on those
cases. The County assumes sole responsibility for making such payments to the State as
agent for the Participating City in a timely and accurate basis. As full compensation for
providing this service to the Participating City, the County shall be entitled to retain any
interest earned on these funds prior to payment to the State.
5.0 DISPUTE RESOLUTION.
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Any issue may be referred to dispute resolution if it cannot be resolved to the satisfaction
of the County, a Participating City, and/or the Participating Cities. Depending on the
nature of the issue, there are different dispute resolution processes, described as follows:
5.1 Facility Dispute. Disputes arising out of facility operation and management
practices which are not resolved by the CFMRC may be referred by the County or a
Participating City in writing to all representatives of the DCMRC as designated in
Section 2.3. If the DCMRC is unable to reach mutual agreement within sixty(60)
calendar days of referral, then the dispute may be referred by either the County or a
Participating City to non-binding mediation. Any and all Participating Cities who refer a
dispute regarding the same event to non-binding mediation, will be considered one party
and shall participate as one party for the purposes of mediation. The mediator will be
selected in the following manner: The Participating City(ies)participating in the
mediation shall propose a mediator and the County shall propose a mediator; in the event
the mediators are not the same person,the two (2) mediators shall select a third mediator
who shall mediate the dispute. Alternately,the Participating City(ies)participating in the
mediation and the County may agree to select a mediator through the mediation service
mutually acceptable to both the County and the Participating City(ies). The County and
the Participating City(ies)to the mediation shall share equally in the costs charged by the
mediator or mediation service. By mutual agreement, the DCMRC can establish an
alternative Participating City(ies)'s share of the mediation costs.
5.2 System Wide Disputes. System Wide Disputes are disputes arising out of
District Court system operations or management, or involving the interpretation of this
Agreement in a way that could impact the entire District Court system and other
Participating Cities with an agreement for District Court services. System Wide Disputes
also include disputes resulting from the following events: (i) changes in state statute or
regulation, state and or local court rule,Participating City or County ordinance, or
exercise of court management authority vested by GR 29 in the Chief Presiding Judge,
requiring the County to provide new court services reasonably deemed to substantially
impact the cost of providing District Court Services, or material reductions or deletions of
the District Court Services included in this Agreement that occurred for a period of at
least six (6) consecutive months; or(ii) any decree of a court of competent jurisdiction in
a final judgment not appealed from substantially altering the economic terms of this
Agreement; or(iii) changes in state statute or regulation, state and or local court rule, or
Participating City or County ordinance, which substantially alter the revenues retained or
received by either the County or the Participating City related to Participating City's case
filings;
5.2.1. System Wide Disputes may be referred in writing by the County or
a Participating City to all representatives of the DCMRC as designated in
Section 2.3. If the DCMRC is unable to resolve the dispute within ninety
(90) calendar days of referral (or within a different amount of time by
mutual agreement of the DCMRC), then the dispute may be referred by
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either the County or the Participating City to non-binding mediation,
conducted in the manner described in Section 5.1.
5.2.2. If a System Dispute is referred to mediation, all Participating Cities may
participate in the mediation and will be bound by any agreement that
comes out of mediation even if they choose not to attend. The County
shall pay 50%of the mediator's costs and the Participating Cities shall pay
50%of the mediator's costs. The Cities shall contribute to their-share of
mediator's costs based on the proportion of the Participating Cities
weighted caseload for the prior year. By mutual agreement,the DCMRC
can establish an alternative means to establish a Participating City's share
of the mediator's costs.
5.3 If a dispute is unable to be resolved, any party may invoke the termination
provision of this Agreement.
6.0 RE-OPENER.
The County and all Participating Cities may agree to enter into re-negotiation of the terms
of this Agreement at any time and for any purpose by mutual agreement in writing. The
Agreement shall remain in full force and effect during such negotiations.
7.0 WAIVER OF BINDING ARBITRATION.
The Parties waive and release any right to invoke binding arbitration under RCW
3.62.070,RCW 39.34.180 or other applicable law as related to this Agreement, any
extension or amendment of this Agreement, or any discussions or negotiations relating
thereto.
8.0 INDEMNIFICATION.
8.1 City Ordinances,Rules and Regulations. In executing this Agreement,the
County does not assume liability or responsibility for or in any way release the City from
any liability or responsibility which arises in whole or in part from the existence or effect
of City 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 City ordinance, rule or regulation is at issue,the City shall defend the
same at its sole expense and if judgment is entered or damages are awarded against the
City,the County, or both,the City shall satisfy the same, including all chargeable costs
and attorney fees.
8.2 Indemnification.
8.2.1 Each Party to this Agreement shall protect, defend, indemnify, and save
harmless the other Party, its officers, officials, employees, and agents,
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while acting within the scope of their employment as such, from any and
all costs, claims,judgment, and/or awards of damages, arisingoutof, or in
any way resulting from,the Party's negligent acts or omissions. No Party
will be required to indemnify, defend, or save harmless the other Party if
the claim, suit, or action for injuries, death, or damages is caused by the
sole negligence of the other Party. Where such claims, suits, or actions
result from concurrent negligence of two or more Parties,the indemnity
provisions provided herein shall be valid and enforceable only to the
extent of each Party's own negligence. Each of the Parties agrees that its
obligations under this subparagraph extend to any claim, demand, and/or
cause of action brought by, or on behalf of, any of its employees or agents.
For this purpose, each of the Parties,by mutual negotiation, hereby
waives,with respect to each of the other Parties only, any immunity that
would otherwise be available against such claims under the Industrial
Insurance provisions of Title 51 RCW. In the event that any of the Parties
or combination of the Parties incurs any judgment, award, and/or cost
arising therefrom, including attorney fees,to enforce the provisions of this
Section, all such fees, expenses, and costs shall be recoverable from the
responsible Party or combination of the Parties to the extent of that
Party's/those Parties' culpability. This indemnification shall survive the
expiration or termination of this Agreement.
8.2.2 With respect to any technology provided by the County for use by the City
pursuant to this Agreement,the County shall defend the City and the
City's officers and directors, agents, and employees, against any claim or
legal action brought by a third party arising out of a claim of infringement
of U.S.patent, copyrights, or other intellectual property rights, or
misappropriation of trade secrets, in connection with the use of the
technology by the City so long as the City gives prompt notice of the
claim or legal action and the City gives the County information,
reasonable assistance, and sole authority to defend or settle any such claim
or legal action. The County shall have no liability to defend the City to
the extent the alleged claim or legal action is based on: (i) a modification
of the technology by the City or others authorized by the City but not by
the County; or(ii)use of the technology other than as approved by the
County.
8.3 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; or
(ii)the legal authority of the City and/or the County 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.
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9.0 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 the City a County
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 City employees by virtue of their employment. At all times
pertinent hereto, employees of the County are acting as County employees and
employees of the City are acting as City employees.
10.0 NOTICE.
Unless otherwise provided herein, 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 the County: King County Executive, 701 Fifth Avenue, Suite 3210, Seattle,
Washington 98104
To the City:
Mayor Nancy Backus
25 west Main street Auburn, WA 98001
(insert title of mayor, City manager, or City administrator and address)
In addition to the requirements for notice described above, a copy of any notice or other
communication may be provided to the Chief Presiding Judge of the District Court.
11.0 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, unenforceable,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 Section 6.0.
12.0 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 Parties,which consent
shall not be unreasonably withheld.
13.0 CAPTIONS.
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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.
14.0 FORCE MAJEURE.
The term"force majeure" shall include,without limitation by the following enumeration,
acts of Nature, acts of civil or military authorities, fire,terrorism, accidents, shutdowns
for purpose of emergency repairs, lockouts, strikes, and any other labor, civil or public
disturbance, inability to procure required construction supplies and materials, delays in
environmental review,permitting, or other environmental requirement or work, delays as
a result of legal or administrative challenges brought by parties other than signatories to
this Agreement, delays in acquisition of necessary property or interests in property,
including the exercise of eminent domain, or any other delay resulting from any cause
beyond a party's reasonable control, causing the inability to perform its obligations under
this Agreement. If the County is rendered unable, wholly or in part, by a force majeure,to
perform or comply with any obligation or condition of this Agreement then, upon giving
notice and reasonably full particulars to the City, such obligation or condition shall be
suspended only for the time and to the extent reasonably necessary to allow for
performance and compliance and restore normal operations. For purposes of this
Agreement, "force majeure"shall not include reductions or modifications in District
Court Services caused by or attributable to reductions or modifications to the budget of
the King County District Court as adopted or amended by the Metropolitan King County
Council.
15.0 ENTIRE AGREEMENT.
This Agreement, inclusive of the Exhibits hereto, contains the entire agreement and
understanding of the Parties with respect to the subject matter hereof, and supersedes all
prior oral or written understandings, agreements,promises or other undertakings between
the Parties.
16.0 GOVERNING LAW.
This Agreement shall be interpreted in accordance with the laws and court rules of the
State of Washington in effect on the date of execution of this Agreement. In the event
either Party deems it necessary to institute legal action or proceedings to ensure any right
or obligation under this Agreement,the Parties hereto agree that such action or
proceedings shall be brought in a court of competent jurisdiction situated in King County,
Washington.
17.0 NO THIRD-PARTY RIGHTS.
Except as expressly provided herein, nothing in this Agreement shall be construed to
permit anyone other than the Parties hereto and their successors and assigns to rely upon
the covenants and agreements herein contained nor to give any such third party a cause of
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action(as a third-party beneficiary or otherwise) on account of any nonperformance
hereunder.
18.0 COUNTERPARTS.
This Agreement may be executed in counterparts, and each such counterpart shall be
deemed to be an original instrument. All such counterparts together will constitute one
and the same Agreement.
19.0 AMENDMENT OR WAIVER.
This Agreement may not be modified or amended except by written instrument approved
by the City and the County;provided that changes herein which are technical in nature
and consistent with the intent of the Agreement may be approved on behalf of the City by
its chief executive officer and on behalf of the County by the County Executive.No
course of dealing between the Parties or any delay in exercising any rights hereunder
shall operate as a waiver of any rights of any Party.
IN WITNESS WHEREOF,the Parties have executed this Agreement on the
dates indicated.
King County City of city
DocuSigned by: / ,—DocuSigned by:
[11- Ow
4FBCAB8106AE4C6... ACCE003 373 4CO...
King County Executive Title: Mayor Nancy Backus
Date: 12/21/2021 Date:12/9/2021
Approved,as to Form: Approved as to Form:
,. --DocuSigned by: DocuSigned by:
\--81^2R281,3^F488 7605C002CDD343C...
King County Deputy Prosecuting City Attorney
Attorney
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EXHIBIT D
City Regular Court Calendar
This Exhibit is attached to the Interlocal Agreement for the Provision of District Court
Services between the County and the City.
The City of Auburn's regular court calendars will be held Monday through Friday. The
designated day(s) may be adjusted upon mutual agreement of the City and County and
without formal amendment of this ILA so long as such agreement is memorialized in
writing between the Chief Presiding Judge or designee and City's designated
representative.
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