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Home My WebLink About0020 - Arlington, City of - Agreement Amended - Municipal Court Services #1FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR MUNICIPAL COURT SERVICES BETWEEN THE CITY OF MARYSVILLE AND THE CITY OF ARLINGTON AND FIRST RENEW AL FOR THREE YEAR TERM JUNE 1, 2005 TO MAY 30, 2008 THIS AMENDMENT to Inter!ocal Agreement for Municipal Court Services 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, Marysville and Arlington entered into an Interlocal Agreement for Municipal Court Services recorded at Snohomish County Auditor's office on April 4, 2003; and WHEREAS, the parties wish to renew the agreement pursuant to section 10 DURATION for the three year period of June 1, 2005 through May 30, 2008. WHEREAS, the parties wish to agree to certain amendments and revisions to the agreement. NOW, THEREFORE, in consideration of the terms and provisions hereof, Arlington and Marysville agree to amend the Interlocal Agreement for Municipal Court Services entered into on April 4, 2003 as follows: 1. Paragraph 2 is amended to read as follows: 2. MUNICIPAL CASES AND MUNICIPAL COURT SERVICES. Marysville Municipal Court shall provide court services for all municipal cases filed by Arlington. Those court services shall be either in Marysville Municipal Court or at 18513-591h Ave. NE or 110 E. · 3rd Street, Arlington, Washington, 98223 . 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 Conrt Services. The following court services shall be provided by Marysville under this Agreement. 1 wpf/mv/Arfington.agt amend-renewal 2005 final .· ( 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. 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, pre- sentence investigations ( dependent upon Arlington contracting with a probation officer to provide such services), 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) Bailif£' Security/Transport. Marysville shall provide a court bailiff to be present in and around the courtroom during the Arlington municipal calendars. The Bailiff is to assist the Court and provide minimal security to the Judge and Court staff. The Bailiff is not "jail" or "transport" security for in custody Arlington defendants. Arlington is responsible to arrange and provide for all City of Arlington prisoner or in-custody transport and security and all costs associated therewith for those court calendars that may be held in Arlington. (3) Municipal Judge. Marysville shall appoint a qualified judge or judge pro tern 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 provide the services of a public defender, who shall serve as court-appointed counsel for indigent defendants. Arlington will be responsible for all direct costs associated with the service for Arlington cases. Alternatively, Public defender services maybe provided by the City of Marysville and will be set forth by an amendment or separate contract. ( 5) Public Defender Screening. The Municipal Court Judge or his/her designee shall screen defendants for eligibility for public defender services. 2 wpflmv!Arfington.agt amend-renewal 2005 final ( 6) Probation. The City of Marysville shall provide all probation follow up services for all Arlington municipal cases utilizing the Marysville staff probation department. Marysville will not bill Arlington for probation services but will retain probation fees collected from Arlington defendants and use those funds to provide probation services. (7) Home Monitoring . When appropriate, the Court shall consider the use of home-monitoring or home-detention programs and other alternatives to sentences for the sentencing of Arlington defendants. Arlington agrees to reimburse Marysville for the short fall of any Arlington defendant's failure to pay home monitoring or honie detention fees. (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. (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. (10) 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~halfthe costs of the jurors if Marysville and Arlington share ajury panel on the day of jury trials. If an 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 assigu 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 aspects of court services located in the City of Marysville including all office space necessary for the processing of municipal cases, and associated janitorial services, facility insurance, building repair and maintenance, and related expenses and will be responsible for payment of all utility charges such as power, water, sewer, solid waste and telephone services for any portion of 3 wpflmv/Arlington.agt amend-renewal 2005 final ' ' " the facility or facilities utilized to process municipal cases in Marysville. · The City of Arlington shall provide the use of the facilities at 18513-59th Ave. NE, or 110 E. 3rd Street, Arlington, Washington, 98223 to serve as the municipal courtroom including all office space necessary for the processing of municipal cases, and associated janitorial services, facility insurance, building repair and maintenance, and related expenses and will be responsible for paynient 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 in Arlington. 2. Paragraph 3 is amended to read as follows: 3. FEES. In consideration of the services and supplies enumerated in Section 2 above, Arlington shall pay Marysville $35 for the filing of each infraction and each criminal citation. The above-referenced fees may be revised prior to contract renewals for the succeeding contract. 3. Paragraph 7 is amended to read as follows: 7. ARLINGTON MUNICIPAL COURT CALENDARS. 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 and public defender. Matters heard on the regularly scheduled Arlington municipal calendar shall be· arraignments, pretrial hearings, motions, bench trials, review, revocation, and sentencing hearings as well as contested and mitigation infraction 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. 4. Paragraph 22 is amended to read as follows: 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. Olynipic Arlington, WA 98233 wpflmv/Arlington.agt amend-renewal 2005 final 4 CITY OF MARYSVILLE Chief Administrative Officer 1049 State Avenue Marysville, WA 98270 5. Except as provided herein, all other provisions of the Interlocal Agreement for Municipal Court Services entered into on April 4, 2003 shall remain in full force and effect, unchanged. IN WITNESS WHEREOF, the parties have caused this agreement to be executed. CITY OF ARLINGTON CITY OF MARYSVILLE By'7?2~~~~ . MARGARE ARSON,llior ByD~·~;/J DENNIS KENDALL, Mayor DATE: 111/4 2.L/1 2-oOS APPROVED as to form: APPROVED as to form: STEV~:ttomey ~~uJfa-e!J , GRANT K. WEED, City Attorney DATE: Jt1~ 1°1. z.oos I 5 wpflmv/Arlington.agt amend-renewal 2005 final