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HomeMy WebLinkAbout0020 - Arlington, City of - Agreement - Municipal Court ServicesINTERLOCAL AGREEMENT FOR MUNICIPAL COURT SERVICES BETWEEN THE CITY OF MARYSVILLE AND THE CITY OF ARLINGTON THIS AGREEMENT is made and entered into this day by and between the City of Marysville ("Marysville"), a municipal corporation in the State of Washington, and the City of Arlington ("Arlington"), a municipal corporation in the State of Washington. WHEREAS, Arlington desires to utilize the municipal court services of the City of Marysville; and WHEREAS, Marysville has offered to provide these services to Arlington; and WHEREAS, municipal court services provided by Marysville will include court staff, a municipal judge pro tern, jury and witness fees, interpreter services, and overhead and support costs; and WHEREAS, this Agreement shall take effect upon approval by the City Council of each party and the execution by the Mayor of each City; NOW, THEREFORE, in consideration of the terms and provisions hereof, it is agreed by and between Arlington and Marysville as follows: 1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to provide for the processing of Arlington criminal citations and infractions by the Marysville Municipal Court, to set forth the fees to be paid by Arlington for such services, and to enumerate the court services to be provided by Marysville. 2. MUNICIPAL CASES AND MUNICIPAL COURT SERVICES. Marysville shall provide court services in the Marysville Municipal Court for all municipal cases filed by Arlington. Marysville shall provide court services to Arlington at the same level as Marysville provides for the same type of cases originating in Marysville. a. Municipal Cases. Municipal cases shall include all civil or traffic and other infraction actions, and criminal citations/complaints filed by Arlington in the Marysville Municipal Court. b. Municipal Court Services. The following court services shall be provided by Marysville under this Agreement. (1) Court Staff. Marysville shall provide court staff necessary to process all criminal and civil citations filed by Arlington. Marysville shall provide a level of service the same as that provided for Marysville cases and that which is necessary for the efficient processing of all municipal cases. /wpf/mv/arlington.agt (6/12/01) '• " ,. By way of illustration and not by limitation, this "processing" shall include the issuance of all subpoenas, warrants, maintenance of court files for all municipal cases, case scheduling for all municipal cases, and processing of all fines and forfeitures for municipal cases. Processing shall also include filing, adjudication and penalty enforcement of all Arlington cases filed, or to be filed, by Arlington in Municipal Court, including, but not limited to, the issuance of arrest warrants, setting motions and evidentiary hearings, discovery matters, bench and jury trials, PSI, sentencings, post-trial motions, the duties of municipal courts regarding appeals and all local court services imposed by state statute, court rule, Arlington ordinance, or other regulation as now existing or hereinafter amended. The court staff shall utilize the Discis system as appropriate for all municipal cases. Arlington shall be responsible for discovery for all municipal cases. (2) Bailiff. Marysville shall provide a court bailiff to be present in and around the courtroom during the Arlington municipal calendars. (3) Municipal Judge. Marysville shall appoint a qualified judge or judge pro tem who will preside over the Arlington municipal cases. Payment to the judge shall be made by Marysville but such payment shall be funded entirely through fees collected from Arlington as identified in section 3, below. (4) Public Defender. Arlington shall contract for public defender services, in which case it will be responsible for all direct costs associated with the service for Arlington cases. (5) Public Defender Screening. The Municipal Court Judge shall screen defendants for eligibility for public defender services. (6) Probation Services. Arlington shall enter into a separate contract for probation services. (7) Home Monitoring. When appropriate, the Marysville Municipal Court shall consider the use of home-monitoring or home-detention programs and other alternative sentences for the sentencing of Arlington defendants. Arlington agrees to reimburse Marysville for the shortfall of any Arlington defendants' failure to pay home monitoring or home detention fees. Marysville shall not provide probation services for Arlington defendants. However, Arlington may elect to contract independently for probation services for Arlington defendants. (8) Supplies and Forms. The City of Marysville shall provide all forms and paperwork necessary for processing municipal cases. By way of illustration and not limitation, these include case setting forms, infraction hearing forms, warrants and general office supplies. /wpf/mv/arlington.agt (6/12/01) . \ . ' (9) Language Interpretation. The City of Marysville shall provide and pay for all language interpretation services for defendants and necessary witnesses. Arlington agrees to reimburse Marysville for the actual costs for such services. ( 1 0) Jury and Witness Fees. Marysville shall pay all jury and witness fees for Arlington municipal cases. Arlington agrees to reimburse Marysville for the actual costs of such jury and witness fees. Arlington will reimburse Marysville one-half the costs of the jurors if Marysville and Arlington share a jury panel on the day of jury trials. If a Arlington case goes to trial beyond the first day, Arlington will reimburse Marysville for the actual costs of the jurors. (11) Collection for Nonpayment.· Marysville will, through the same collection process as is used for Marysville cases, collect all fines and fees past due for Arlington cases. For those cases sent out to a collection agency, Arlington will assign such collections to such collection agency. (12) Miscellaneous Equipment, Facility and Utility Costs. Marysville shall provide and maintain all equipment such as copiers, computers, printers, and other equipment necessary for the processing of municipal cases. The City of Marysville shall provide the use of the Marysville municipal courtroom, all office space necessary for the processing of municipal cases, and associated janitorial services, facility insurance, building repair and maintenance, and related expenses. Marysville will be responsible for payment of all utility charges such as power, water, sewer, solid waste and telephone services for any portion of the facility or facilities utilized to process municipal cases. 3. FEES. In consideration of the services and supplies enumerated in section 2, above, Arlington shall pay Marysville $32.00 for the filing fee for each infraction and criminal citation. The above-referenced fees may be revised prior to contract renewals pursuant to section 1 0 below for the succeeding contract period. The basis for each filing fee is shown in Exhibit A and by this reference is fully incorporated herein. 4. FINES AND FORFEITURES. Marysville shall remit monthly to Arlington all fines, forfeitures, costs, penalties, fees, assessments, parking ticket payments, and any other money imposed and/or accrued by the municipal court associated with Arlington municipal cases. Each party shall be responsible for transmitting to the State of Washington that portion of all fines and bail forfeitures required under state law to be paid. Marysville will provide on a monthly basis to Arlington copies of billing documentation for services provided by the public defender, probation, language interpreter and jury and witness fees. 5. MONTHLY REPORTING. Marysville will provide to Arlington a monthly remittance report listing Arlington cases filed and revenues received for all Arlington cases on which fines and other Arlington revenue is calculated in a format consistent with the /wpf/mv/arlington.agt (6/12/01) requirements described in Exhibit B. Unless modified by mutual agreement, Exhibit B shall set out the content for financial reporting to Arlington from Marysville. 6. PERFORMANCE MEASURES. The parties agree that the performance measures described in Exhibit C will be periodically reported not less frequently than quarterly, as indicated. These measures are for continuous discussion and review by the City Administrator or the Chief Administrative Officer of each city, and are not the basis for nonpayment by either party. The performance measures may be altered from time to time as agreed by the City Administrators. 7. Arlington MUNICIPAL COURT CALENDAR. a. The Arlington municipal court calendar shall be scheduled at such times and dates as are compatible with the existing court calendars, the schedule of the judge and the schedule of the prosecutor. Matters heard on the regularly scheduled Arlington municipal calendar shall be pretrial hearings, motions, bench trials, review, revocation, and sentencing hearings. Jury trials will be scheduled for one day per month. b. Consistent with the intent of section 8, below, release hearings and arraignment hearings for Arlington defendants may be held on other days consistent with the procedure for Marysville arraignment and release hearings. 8. APPEARANCE BY Arlington PROSECUTOR NOT REQUIRED FOR CERTAIN MATTERS. The Arlington prosecutor will not be required to be present for arraignments, release hearings, contested infraction hearings, or infraction mitigation hearings. In addition, defendants held in custody on Arlington charges shall be brought before the Marysville municipal court judge for first appearances in accordance with state law and in the same manner as defendants held in custody on Marysville charges are so brought forth. In any case where the Arlington prosecutor desires to be heard on a particular in-custody issue, the prosecutor will transmit his or her recommendation by facsimile to the courtroom or, in the alternative, the prosecutor will be available for conference call in the courtroom. 9. SUBPOENAS. Marysville Municipal Court shall issue subpoenas for infractions and as timely requested by pro se defendants. The court will use the witnesses identified by the police on either the back of the Arlington citation or the police report. Issuance of all other subpoenas shall be the responsibility of the prosecutor or defense counsel. 10. DURATION. The initial term of this agreement shall commence upon execution by both parties and shall expire four years from the date of full execution hereof, unless terminated earlier pursuant to Section 11 (Termination). Arlington shall have an option to renew this agreement for a three-year term immediately following expiration of the initial term and shall have an option for a second renewal for a three-year term, immediately following expiration of the first renewal. Said renewals shall be subject only to mutual agreement of the parties with the schedule of fees set forth in Section 3 above. /wpf/mv/arlington.agt (6/12/01) 11. TERMINATION OF AGREEMENT. Arlington shall provide written notice of its intent to renew or terminate this agreement without cause not less than 180 days prior to expiration of this agreement or any renewal thereof. Marysville shall provide written notice of its intent to terminate this agreement not less than one hundred eighty ( 180) days prior to expiration of this agreement or any renewal thereof. In the event of termination of this agreement or any extension thereof, the parties will work cooperatively to ensure the orderly transition of cases from Marysville municipal court to the new venue. If appropriate, this transition may involve compensation, on a case-by-case basis, for cases left "open" after termination of this agreement and after transition to the new venue. 1 2. FINANCING. There shall be no financing of any joint or cooperative undertaking pursuant to this interlocal agreement. There shall be no budget maintained for any joint or cooperative undertaking pursuant to this agreement. 13. PROPERTY. This interlocal agreement does not provide for the acquisition, holding or disposal of real or personal property. 14. JOINT ADMINISTRATIVE BOARD. No separate legal or administrative entity is created by this agreement. To the extent necessary, this interlocal agreement shall be administered by the City Administrator for Arlington or his designee, and the Chief Administrative Officer and Court Administrator for Marysville. In order to review and resolve operation and coordination issues between Marysville and Arlington, there may be a Management Review Committee consisting of 1) Marysville Chief Administrative Officer or designee, 2) Marysville Court Administrator, 3) Arlington City Administrator or designee, 4) Municipal Judge, and 5) both Chiefs of Police. 15. INDEMNIFICATION. a. Marysville shall indemnify and hold harmless Arlington and its officers, agents, employees and elected officials or any of them from any and all claims, actions, suits liability, loss, costs, expenses and damages of any nature whatsoever by any reason of or arising out of any act or omission of Marysville, its officers, agents, employees and elected officials, or any of them relating to or arising out of the performance of this contract. In the event that any suit based upon such a claim, action, loss or damage is brought against Arlington, Marysville shall defend the same at its sole cost and expense, provided that Arlington retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against Arlington or its officers, agents, employees and elected officials, or any of them, or jointly against Arlington and Marysville and their respective officers, agents, employees and elected officials, or any of them, Marysville shall satisfy the same. b. Arlington shall indemnify and hold harmless Marysville and its officers, agents, employees and elected officials, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, by any reason of or arising out of any act or omission of Arlington, its officers, agents, employees and elected officials, or any of them, relating to or /wpf/mv/arlington.agt (6/12/01) " ' arising out of the performance of this contract. In the event that any suit based upon such a claim, action, loss or damage is brought against Marysville, Arlington shall defend the same at its sole cost and expense; provided that Marysville retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against Marysville or its officers, agents, · employees and elected officials, or any of them, or jointly against Marysville and Arlington and their respective officers, agents, employees and elected officials, or any of them, Arlington shall satisfy the same. 16. DISPUTE RESOLUTION. It is the parties' intent to resolve any disputes relating to the interpretation or application of this agreement informally through discussions at the staff level. In the event disputes cannot be resolved informally at the staff level, resolution shall be sought by the City Administrator/Chief Administrative Officer of each city or by the Management Review Committee within thirty (30) days, and if unsuccessful, then the parties agree to submit the dispute to non-binding mediation/dispute resolution. Venue for any action relating to the interpretation or enforcement of this agreement shall be in Snohomish County Superior Court. 17. 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 Marysville an employee of Arlington, and vice versa, 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 according to either city's employee by virtue of their employment. At all times pertinent hereto, employees of Marysville are acting as Marysville employees and employees of Arlington are acting as Arlington employees. 18. 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 provisions 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. 19. 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. 20. 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 action (as a third-party beneficiary or otherwise) on account of any nonperformance hereunder. 21. ENTIRE AGREEMENT. This agreement constitutes the entire agreement between the parties hereto and no other agreements, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the agreement. Proposed changes that are mutually fwpf/mv/arlington.agt (6/12/01) t -~ agreed upon shall be incorporated by written amendment hereto. 22. NOTICES. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand-delivered to the parties at their addresses as follows: CITY OF ARLINGTON City Administrator 238 N. Olympic Arlington, WA 98233 CITY OF MARYSVILLE Chief Administrative Officer 4822 Grove Street Marysville, WA 98270 IN WITNESS WHEREOF, the parties have caused this agreement to be executed. CITY OF ARLINGTON CITY OF MARYSVILLE By WW@ DAVE WEISER, Mayor DATE:_~0_-~/~(_-~0~/ ___ _ APPROVED as to form: APPROVED as to form: LJ~~~ GRANT K. WEED, City Attorney DATE: __ .~.o._-_l_1-_-_o_:-\.. __ _ DATE: Co-lf-0{ /wpf/mv/arlington.agt (6/12/01) -----""'~-·~~,--.--' "l • ' • « EXHIBIT"A" CALCULATION OF FILING FEES FOR DEFENDANTS BASED ON MUNICIPAL COURT COST PER CASE. EXHIBIT "B" REPORTING REQUIREMENTS AND PROCEDURES This exhibit identifies and describes reporting procedures for Marysville. These reports will enable Arlington to: I) Ensure that the revenue from Arlington cases is appropriately credited to Arlington, enabling Arlington to reconcile the remittance to detail information. 2) Monitor revenue collection trends by filing year, case type, and disposition. 3) Have revenue reported in a way that matches remittances. 4) Provide historical comparisons to current activity for forecasting purposes. It is the intention to provide all reports in an efficient manner, through DISCIS or some other electronic method. I Reporting requirements: A. Monthly Remittance Summary Report-To summarize revenue remitted to the City to show: i) The number of cases (related to the payment amount); and ii) Recoupment/reimbursements (fines, forfeitures, costs, penalties, fees, assessments, parking ticket payments and any other money imposed or accrued on Arlington municipal cases). B. Monthly Filing Report - i) Jurisdiction Billing Report -To show listing of all Arlington filings with the Court. ii) Caseload Report -To show caseload statistics by Arlington case type (i.e. DUI, theft, assault, DWLS). iii) Remittance & Disposition Detail -To show remittance and disposition detail. II Management Reporting. A) Infraction Revenue Summary Report-To show summary and detail of Parking, Traffic, and Non-traffic infraction revenue in total and by type. i) Criminal Citation Revenue -To show summary and detail of DWI, Criminal traffic misdemeanor, Non-Traffic misdemeanor revenue in total and by type. III Annual Reporting. The December report should summarize the results of the fall year for all monthly reports where such YTD information is not provided on a monthly basis. EXHIBIT"C" PERFORMANCE AND WORKLOAD IND/CA TORS The following items will be reported by Marysville on a quarterly basis unless otherwise agreed, when available through D/SCIS electronically. 1. Percentage of filings by case type which fail to appear or have a warrant issued. 2. DISCIS caseload report, which includes items such as filings by case type, dismissals and number of hearings. 3. Number of guilty/committed by broad case type. 4. Time from filing to disposition by broad case type. 5. Number of continuances requested/granted by broad ase type. 6. Number of probation violation review hearings. 7. Citation re-offenders by broad case type. 8. Percentage completing probation by broad case.