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HomeMy WebLinkAboutAgreementSIXTH AMENDMENT TO INTERLOCAL AGREEMENT FOR MUNICIPAL COURT SERVICES BETWEEN THE CITY OF MARYSVILLE AND THE CITY OF LAKE STEVENS PROVIDING FOR RENEWAL OF THE AGREEMENT COMMENCING JANUARY 1,2012; AUTOMATIC ONE YEAR RENEWAL THIS AMENDMENT to Interlocal Agreement for Municipal Court Services is made and entered into this day by and between the City ofMarysville,a municipal corporation in the State of Washington ("Marysville"),and the City ofLake Stevens,a municipal corporation ("Lake Stevens"). WHEREAS,Marysville and Lake Stevens entered into an Interlocal Agreement for Municipal Court Services dated September 27,1999;and WHEREAS,Marysville and Lake Stevens entered into a First Amendment to Interlocal Agreement for Municipal Court Services dated December 19,2001 whereby renewing the agreement for a three-year term commencing on January I,2002 and ending on December 31, 2004 and amending paragraphs 2.b (5),2.b (6),paragraph 3;and WHEREAS,Marysville and Lake Stevens entered into the Second Amendment to Interlocal Agreement for Municipal Court Services between the city ofMarysville and the city of Lake Stevens and second renewal for four year term January 1,2005 to December 31,2008 recorded on 12/1812005;and WHEREAS,Marysville and Lake Stevens entered into the Third Amendment to the Interlocal Agreement for Municipal Court Services on recorded on February 29,2008;and WHEREAS,Marysville and Lake Stevens entered into the Fourth Amendment to the Interlocal Agreement for Municipal COUlt Services on July 27,2009;and WHEREAS,Marysville and Lake Stevens entered into the Fifth Amendment to the Interlocal Agreement for Municipal Court Services on January 10,2011;and WHEREAS,the parties wish to amend Paragraph 10 of the Agreement and renew the agreement for an additional one year period from January 1,2012 through December 31,2012 and to provide for automatic one year renewals from January 1 through December 31 ofeach year unless terminated by the parties;and WHEREAS,the parties wish to agree to certain amendments and revisions to the agreement. M-2-033/Lake Stt=vens CS amd 6 renewal 2011 1 OR\C\NAL NOW,THEREFORE, IN CONSIDERATION OF the terms and provisions hereof,Lake Stevens and Marysville agree to amend the Interlocal Agreement for Municipal Court Services entered into on September 27,1999 and the First Amendment to Interlocal Agreement for Municipal Court Services dated December 19,2001 and the Second Amendment to Interlocal agreement for municipal court services between the city of Marysville and the city ofLake Stevens and second renewal for four year term January 1,2005 to December 31,2008 recorded on 12/18/2007 and the Third Amendment to the Interlocal Agreement for Municipal Court Services on recorded on February 29,2008 and the Fourth Amendment to the Interlocal Agreement for Municipal Court Services entered into on July 27,2009,and the Fifth Amendment to the Interlocal Agreement for Municipal Court Services on January 10,2011,the parties agree as follows: I.Paragraph lOis amended to read as follows: I O.DURATION.In addition to the initial terms set forth in the original agreement and amendments,the term ofthis agreement is renewed for the period ofone year from January 1,2012 through December 31,2012.Further the agreement shall automatically renew for additional one year periods from January I through December 31 ofeach year,unless a party provides Notice ofTermination as set forth in Paragraph II.The Fee as set forth in Section 3 shall remain the same for the renewal period unless the parties agree to amend the schedule offees as set forth in Section 3.The Fee as set forth in Section 3 maybe amended at any time by agreement ofthe parties.The parties may also agree to additional renewal terms. 2.Except as provided herein,all other provision ofthe Interlocal Agreement for Municipal Court Services entered into on September 27,1999 and the First Amendment to Interlocal Agreement for Municipal Court Services dated December 19,2001 and the Second Amendment to Interlocal agreement for municipal court services between the city ofMarysville and the city of Lake Stevens and second renewal for four year term January 1,2005 to December 31,2008 recorded on 12/18/2007 and the Third Amendment to the Interlocal Agreement for Municipal Court Services on recorded on February 29,2008 and the Fourth Amendment to the Interlocal Agreement for Municipal Court Services entered on July 27,2009,and the Fifth Amendment to the Interlocal Agreement for Municipal Court Services on January 10,2011,shall remain in full force and effect,unchanged. IN WITNESS WHEREOF,the parties have caused this agreement to be executed. CITY OF LAKE STEVENS B~~~=--,_ DATE:/Z-/zz,/zoN 1/ M-2-033/Lake Stevens CS amd 6 renewal 2011 2 CITY OF MARYSVILLE DATE:_---'GA.---U....c=1''_----- APPROVED as to fonn: GRANT K.WEED,City Attorney DATE:rJ...."(~,(I M-2-033/Lake Stevens CS amd 6 renewal 2011 3 APPROVED as to form: /0,,f(I ,JJ.-l::"!"1"\I,J,,v&. GRANT K.WEED,City Attdrney DATE:I ?.-I :.-I I FIFTH AMENDMENT TO INTERLOCAL AGREEMENT FOR MUNICIPAL COURT SERVICES BETWEEN THE CITY OF MARYSVILLE AND THE CITY OF LAKE STEVENS INGREASING FILING FEES TO $110.00 FOR CRIMINAL CITATIONS THIS AMENDMENT to Interlocal Agreement for Municipal Court Services is made and entered into this day by and between the City ofMarysville,a municipal corporation in the State ofWashington ("Marysville"),and the City ofLake Stevens,a municipal corporation ("Lake Stevens"). WHEREAS,Marysville and Lake Stevens entered into an Interlocal Agreement for Municipal Court Services dated September 27,1999;and WHEREAS,Marysville and Lake Stevens entered into a First Amendment to Interlocal Agreement for Municipal Court Services dated December 19,2001 whereby renewing the agreement for a three-year term commencing on January I,2002 and ending on December 31, 2004 and amending paragraphs 2.b (5),2.b (6),paragraph 3;and WHEREAS,Marysville and Lake Stevens entered into the Second Amendment to Interlocal Agreement for Municipal Court Services between the city ofMarysville and the city of Lake Stevens and second renewal for four year term January I,2005 to December 31,2008 recorded on 12/18/2005;and WHEREAS,Marysville and Lake Stevens entered into the Third Amendment to the Interlocal Agreement for Municipal Court Services on recorded on February 29,2008;and WHEREAS,Marysville and Lake Stevens entered into the Fourth Amendment to the Interlocal Agreement for Municipal Court Services on July 27,2009;and WHEREAS,the parties recognized the need for increased fees to fund the increased case load and the agreement as revised in the Second Amendment provides in Paragraph 3 that Fees may be revised prior to the contract renewal date. Paragraph 3.FEES.In consideration ofthe services and supplies enumerated in Section 2 above,Lake Stevens shall payMarysville $35 for thefiling ofeach infraction and each criminal citation.The above-referencedfees may be revised prior to contract renewals for the succeeding contract. WHEREAS,the parties wish to agree to certain amendments and revisions to the agreement regarding the increased filing fees. Fifth Amendment between Marysville and Lake Stevens for Court Services 1 ORIGJNAL NOW,THEREFORE, IN CONSIDERATION OF the terms and provisions hereof,Lake Stevens and Marysville agree to amend the Interlocal Agreement for Municipal Court Services entered into on September 27,1999 and the First Amendment to Interlocal Agreement for Municipal Court Services dated December 19,200I and the Second Amendment to Interlocal agreement for municipal court services between the city ofMarysville and the city ofLake Stevens and second renewal for four year term January I,2005 to December 31,2008 recorded on 12/18/2007 and the Third Amendment to the Interlocal Agreement for Municipal Court Services on recorded on February 29,2008 and the Fourth Amendment to the Interlocal Agreement for Municipal Court Services entered into on July 27,2009 the parties agree as follows: I.Paragraph 3 is amended to read as follows: 3.FEES.In consideration ofthe services and supplies enumerated in Section 2 above,Lake Stevens shall pay Marysville $42 for the filing ofeach infraction and $110.00 for each criminal citation.The above-referenced fees shall be increased at a rate of 100%ofthe Seattle CPI-W June Index for the year prior with a minimum of 0%to a maximum of2.25%.The rate increase will occur on January I ofeach year unless otherwise negotiated and agreed by the parties. Effective date offees will be January I,2011 4.Except as provided herein,all other provision ofthe Interlocal Agreement for Municipal Court Services entered into on September 27,1999 and the First Amendment to Interlocal Agreement for Municipal Court Services dated December 19,200I and the Second Amendment to Interlocal agreement for municipal court services between the city ofMarysville and the city of Lake Stevens and second renewal for four year term January I,2005 to December 31,2008 recorded on 12/18/2007 and the Third Amendment to the Interlocal Agreement for Municipal Court Services on recorded on February 29,2008 and the Fourth Amendment to the Interlocal Agreement for Municipal Court Services entered on July 27,2009 shall remain in full force and effect,unchanged. Fifth Amendment between Marysville and Lake Stevens for Court Services 2 IN WITNESS WHEREOF,the parties have caused this agreement to be executed. CITY OF LAKE STEVENS /L.Y:bB~r~-----) , DATE:(f-'l.-'HO CITY OF MARYSVILLE DATE:_----'----t--""t-"'-=-_ APPROVED as to formOnl1: ~~tS~ .GRANT K.WEED,City Attorney APPROVED as to form:Jn1j : /~~ /GRANT K.WEED,City Attorney DATE:/1 -J 7r---(C)DATE:II -elf'~tb Fifth Amendment between Marysville and Lake Stevens for Court Services 3 FOURTH AMENDMENT TO INTERLOCAL AGREEMENT FOR MUNICIPAL COURT SERVICES BETWEEN THE CITY OF MARYSVILLE AND THE CITY OF LAKE STEVENS INCREASING FILING FEES TO $42.00 FOR INFRACTIONS AND $90.00 FOR CRIMINAL CITATIONS;FOR RENEWAL OF THE AGREEMENT THROUGH DECEMBER31,2011;AND REVISING THE NOTICE PERIOD FOR TERMINATION. THIS AMENDMENT to Interlocal Agreement for Municipal Court Services is made and entered into this day by and between the City ofMarysville,a municipal corporation in the State ofWashington ("Marysville"),and the City ofLake Stevens, a municipal corporation ("Lake Stevens"). WHEREAS,Marysville and Lake Stevens entered into an Interlocal Agreement for Municipal Court Services dated September 27, 1999; and WHEREAS,Marysville and Lake Stevens entered into a First Amendment to Interlocal Agreement for Municipal Court Services dated December 19,2001 whereby renewing the agreement for a three-year term commencing on January 1,2002 and ending on December 31, 2004 and amending paragraphs 2.b (5), 2.b (6),paragraph 3; and WHEREAS,Marysville and Lake Stevens entered into the Second Amendment to Interlocal Agreement for Municipal Court Cervices between the city ofMarysville and the city ofLake Stevens and second renewal for four year term January 1,2005 to December 31, 2008 recorded on 12/18/2005;and WHEREAS,Marysville and Lake Stevens entered into the Third Amendment to the Interlocal Agreement for Municipal Court Services on recorded on February 29, 2008; and WHEREAS,the parties recognized the need for increased fees to fund the increased case load and the agreement as revised in the Second Amendment provides in Paragraph 3 that Fees may be revised prior to the contract renewal date. Paragraph 3.FEES.In consideration ofthe services and supplies enumerated in Section 2 above,Lake Stevens shallpay Marysville $35for thefiling ofeach infraction and each criminal citation. The above-referencedfees may be revised prior to contract renewalsfor the succeeding contract. WHEREAS,the parties wish to agree to certain amendments and revisions to the agreement regarding the increased filing fees. g/mv/Court ILA/lakestevens.cs.amd 4 filing fees 2008 RENEWAL 070909 1 ORIGINAL WHEREAS, the parties wish to amend Paragraph 10 ofthe Agreement and renew the agreement for the three year period ofJanuary 1,2009 through December 31, 2011. WHEREAS, the parties wish to amend Paragraph 11 ofthe Agreement to provide for 180 days written notice by either party to terminate the agreement. WHEREAS, the parties wish to agree to certain amendments and revisions to the agreement. NOW,THEREFORE, IN CONSIDERATION OF the terms and provisions hereof, Lake Stevens and Marysville agree to amend the Interlocal Agreement for Municipal Court Services entered into on September 27, 1999 and the First Amendment to Interlocal Agreement for Municipal Court Services dated December 19, 2001 and the Second Amendment to Interlocal agreement for municipal court services between the city ofMarysville and the city ofLake Stevens and second renewal for four year term January 1, 2005 to December 31, 2008 recorded on 12/1812007 and the Third Amendment to the Interlocal Agreement for Municipal Court Services on recorded on February 29, 2008 the parties agree as follows: 1.Paragraph 3 is amended to read as follows: 3.FEES.In consideration ofthe services and supplies enumerated in Section 2 above, Lake Stevens shall pay Marysville $42 for the filing ofeach infraction and $90 each criminal citation. The above-referenced fees may be revised prior to contract renewals for the succeeding contract. Effective date offees will be July 1, 2009 2.Paragraph 10 is amended to read as follows: 10.DURATION.In addition to the initial terms set forth in the original agreement and amendments, the term ofthis agreement is renewed for the period ofthree years from January 1,2009 through December 31, 2011. The parties may agree to additional renewal terms. Said renewals shall be subject only to mutual agreement ofthe parties with schedule offees as set forth in Section 3 as agreed by the parties. 3.Paragraph 11 is amended to read as follows: 11.TERMINATION OF AGREEMENT.Either party shall provide 180 days written notice ofits intent either to terminate or not to renew this agreement. In the event oftermination or non-renewal ofthe agreement cases filed prior to g/mv/Court ILA/lakestevens.cs.amd 4 filingfees 2008 RENEWAL 070909 2 the termination date in Marysville Municipal Court will remain in Marysville Municipal Court until either dismissed or formal closure. 4. Except as provided herein, all other provision ofthe Interlocal Agreement for Municipal Court Services entered into on September 27, 1999 and the First Amendment to Interlocal Agreement for Municipal Court Services dated December 19, 2001 and the Second Amendment to Interlocal agreement for municipal court services between the city ofMarysville and the city ofLake Stevens and second renewal for four year term January 1,2005 to December 31, 2008 recorded on 12/18/2007 and the Third Amendment to the Interlocal Agreement for Municipal Court Services on recorded on February 29,2008 shall remain in full force and effect, unchanged. IN WITNESS WHEREOF,the parties have caused this agreement to be executed. 7-J.7-0 7DATE:__---'-----""'--'---_---L-_ CITY OF MARYSVILLE BY~;(;/~ DENNIS KENDALL,Mayor CITY OF LAKE STEVENS BY~~ VERN LITTLE, Mayor DATE:1~Z.?~67 APPROVED as to form:APPROVED as to form: .rT ~._~ED,CltylL.~ttomeyf.{.//.,~woJIJ"'j 10lf"" DATE:'1 ~2-!',--0 f2t DATE:"1/""2/-0 9 g/mv/Court ILA/lakestevens.cs.amd 4 filingfees 2008RENEWAL 070909 3 Return Name & Address City ofMarysville Attn:City Clerk's Office 1049 State Avenue Marysville, WA 98270 • I111II1II1II11III11I1II1I1111II1II1I1II1I1I111111IIII11II1111III11111I 200802290741 5 PGS02129/2008 12:31Pffi $0,00SNOHOMISHCOUNTY,WASHINGTON Document Title(s) 3"Amendment to Interlocal Agreement for Municipal Court Services Between City of Marysville and City of LakeStevens Reference Number(s)of Related Document(s) Additional Reference #'s on Page 2-- Grantor(s) City"of LakeStevens Grantee(s) City of Marysville legal Description (abbreviated form:le Lot/Block/Plat or Section/Township/Range) N/A Complete Legal on Page 2. Asse1:sor's Property Tax Parcel/Account Number N(A Additional parcel #'s on Page _ The Auditor/Recorder will rely on the information provided on this form.The responsibility for the accuracy ofthe indexing information is that ofthe document preparer. Return Address City of Marysville City Clerk'sOffice 1049StateAvenue Marysville WA 98270 Please print or type information OOC3~~t1~=da~ain~e~kfL ~ocCLQ G\q~~. ~:-?a<L-r(\lvtf\;\lCp.J.(D<-lrU{--'k16.AlvJp-t\,~~i[J6 ~() ~:'{Yu il~S.V,tuj C~u6l.i<.kQ~~\jeIl\~~AU*"DrL1Z-~lVjcLCOC<k:,mm '<;&i()1\al ~\J \l\Jl.flvl~I\..'1j\,L,"-'1~sb tiS-~<:'e..'l'\'~c ~A-4t.....S;. Grantor(s}(Last name first, then first name and initials). 1.c;~~If.\\Q~6 2. 3. 4.o Additional names on page __of document., Grantee(s}(Last name first, then first nameand initials)~:Q.Tt-"\ctbmCtays·J,ICt. 3. 4.'o Additional names on page ___'_ of-document. .- Legal description (abbreviated: i.e.lot,block,plat or section,-township,range, qtr.lqtr.), to I~ o Adclitionallegal is 0(1 page of document , Reference Number(s}ofOoc;:uments assigned orreleased;'' I\)(~" ,0 Additional numbers on page_"_ofdocument, , Assessor's Property Tax .parcelIAcco~nt Number N Ir.o Property Tax Parcel10is not yet assignedoAdditional~arcel'nu.m~rs on page __of document ". The AuditorlRecorder will rely on the information provided on the form. The staff will not read the documentto verify the accuracy orcompleteness of theindexing information.. -, TffiRD AMENDMENT TO INTERLOCAL AGREEMENT FOR MUNICIPAL COURT SERVICES BETWEEN THE CITY OF MARYSVILLE AND THE CITY OF LAKE STEVENS AUTHORIZING A COURT COMMISSIONER AND INCREASING FILING FEES TO $75 FOR CRIMINAL CITATIONS THIS AMENDMENT to Interlocal Agreement for Municipal Court Services is made and entered into this day by and between the City ofMarysville,a municipal corporation in the State ofWashington ("Marysville"),and the City ofLake Stevens,a municipal corporation ("Lake Stevens"). WHEREAS,Marysville and Lake Stevens entered into an Interlocal Agreement for Municipal Court Services dated September 27, 1999; and WHEREAS,Marysville and Lake Stevens entered into a First Amendment to Interlocal Agreement for Municipal Court Services dated December 19,2001 whereby renewing the agreement for a three-year term commencing on January 1, 2002 and ending on December 31, 2004 and amending paragraphs 2.b (5), 2.b (6),paragraph 3; and WHEREAS,Marysville and Lake Stevens entered into the Second Amendment to Interlocal agreement for municipal court services between the city ofMarysville and the city of Lake Stevens and second renewal for four year term January 1, 2005 to December 31, 2008 recorded on 12/18/2005;and WHEREAS,the increase in filings in the City ofLake Stevens has resulted in additional, staffprocessing time and expanded judge and court hours for existing calendars;and WHEREAS,the parties recognize the need for need for a part-time Court Commissioner to assist with the increased case and court loads; and WHEREAS,the parties recognized the need for increased fees to fund the increased case load and the agreement as revised in the Second Amendment provides in Paragraph 3 that Fees may be revised prior to the contract renewal date. Paragraph 3.FEES.In consideration ofthe services and supplies enumerated in Section 2 above, Lake Stevens shall pay Marysville $35 for the filing ofeach infraction and each .criminal citation. The above-referencedfees may be revised prior to contract renewals for the succeeding contract. WHEREAS,the parties wish to agree to certain amendments and revisions to the !wpf/mvnakestevens.cs.amd 3 Com and filing fees 1 agreement regarding the use ofa Court Commissioner and increased filing fees. NOW,THEREFORE, IN CONSIDERATION OF the terms and provisions hereof, Lake Stevens and Marysville agree to amend the Interlocal Agreement for Municipal Court Services entered into on September 27,1999 and the First Amendment to Interlocal Agreement for Municipal Court Services dated December 19,2001 and the Second Amendment to Interlocal agreement for municipal court services between the city ofMarysville and the city ofLake Stevens and second renewal for four year term January 1,2005 to December 31,2008 recorded on 12/18/2007 and the parties agree as follows: 1.Paragraph 2 (b) (3)Municipal Judge is amended to read as follows: (l)Municipal Judge.Marysville shall appoint a qualified judge or judgepro tern or Court Commissioner who will preside over the Lake Stevens municipal cases. Payment to the judge shall be made by Marysville but such payment shall be funded entirely through fees collected from Lake Stevens as identified in section 3, below. 2.Paragraph 3 is amended to read as follows: 3.FEES.In consideration ofthe services and supplies enumerated in Section 2 above, Lake Stevens shall pay Marysville $35 for the filing ofeach infraction and $75 each criminal citation. The above-referenced fees may be revised prior to contract renewals for the succeeding contract. Effective date offees will be July 1, 2007 3.Except as provided herein, all other provision ofthe Interlocal Agreement for Municipal Court Services entered into on September 27, 1999 and the First Amendment to Interlocal Agreement for Municipal Court Services dated December 19,2001 and the Second Amendment to Interlocal agreement for municipal court services between the city ofMarysville and the city of Lake Stevens and second renewal for four year term January I, 2005 to December 31, 2008 recorded on 12/18/ 2007 shall remain in full force and effect, unchanged. IN WITNESS WHEREOF,the parties have caused this agreement to be executed. By~~kJ DENNIS KENDALL, Mayor 5/30/07 CITY OF MARYSVILLE DATE:__---'-_-=--"--'-_~_!-/o-r)(1DATE:_--'----~-=--~ CITY OF LAKE STEVENSBykY/u'~vEA~yor' Iwpf/mv/lakestevens.cs.amd 3 Comand filing fees 2 "'< APPROVED as to form: /wpf/mv/lakestevens.cs.amd 3 Com and filing fees 3 APPROVED as to form: DATE:')-rlU -0'7 Return Address City of Marysville ·1049 StateAvenue Suite 201 Marysville WA 98270 Please print or type information IIII/II "1/1 "/,,""111111""I ""I""1111""lillI/II ""111/1III/200502180838 6 PGS 02-18-2005 04:08pm $24.00SNOHOMISHCOUNTY.WASHINGTON Document Title(s)or transactions contained therein): 1.Second Amendment to Interlocal Agreement for Municipal 2.Court Services 3. 4. Grantor(s)(Last name first,then first name and initials) . 1.Marysville,City of2. 3. 4.o Additional names on page __of document. Grantee(s)(Last name first, then first name and initials) 1.Lake Stevens,City of2.,~: 3.- 4.·o Additional names on page__._ofdocument. Legal description (abbreviated: i.e. lot, block,plat or section,.(ownship,range, qtr.lqtr.) . N/A o Additional legal is On page ofdocument Reference Number(s)of Documents assigned orreleesed;.. 200401280003oAdditional numbers on page .:_ofdocument. . Assessor's Property Tax ParcelIAcco.l\nt Number N/AoPropertyTax Parcel lOis not yet assignedoAdditionalparcel numbers on page __ofdocument. .The AuditorlRecorder will rely on the information provided on the form. The staff will not read the documentlo verify the accuracy orcompleteness of the indexing information.. SECOND AMENDMENT TO INTERLOCAL AGREEMENT FOR MUNICIPAL COURT SERVICES BETWEEN THE CITY OF MARYSVILLE AND THE CITY OF LAKE STEVENS AND SECOND RENEWAL FOR FOUR YEAR TERM JANUARY 1, 2005 TO DECEMBER 31, 2008 THIS AMENDMENT to Interlocal Agreement for Municipal Court Services is made and entered into this day by and between the City ofMarysville, a municipal corporation in the State ofWashington ("Marysville"),and the City ofLake Stevens, a municipal corporation ("Lake Stevens"). WHEREAS,Marysville and Lake Stevens entered into an Interlocal Agreement for Municipal Court Services dated September 27,1999;and WHEREAS,Marysville and Lake Stevens entered into a First Amendment to Interlocal Agreement for Municipal Court Services dated December 19, 2001 whereby renewing the agreement for a three-year term commencing on January 1,2002 and ending on December 31, 2004 and amending paragraphs 2.b (5), 2.b (6), paragraph 3; and WHEREAS,the parties wish to agree to certain amendments and revisions to the agreement; and WHEREAS,the parties wish to renew the agreement pursuant to section 10 DURAnON for the period ofJanuary 1, 2005 through December 31, 2008. NOW,THEREFORE, IN CONSIDERAnON OF the terms and provisions hereof, Lake Stevens and Marysville agree to amend the Interlocal Agreement for Municipal Court Services entered into on September 27, 1999 and the First Amendment to Interlocal Agreement forMunicipal Court Services dated December 19,2001 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 byLake Stevens. Those court services shall be either inMarysville Municipal Court or at 1808 Main Street Lake Stevens,Washington.Marysville shall provide court services to Lake Stevens at the same level as Marysville provides for the same type ofcases originating in Marysville. !wpf/mv/lakestevens.cs.amd 2 &2005 RENEWAL final 1 a.Municipal Cases.Municipal cases shallinclude all civil or traffic and other infraction actions,and criminal citations/complaints filed by Lake Stevens 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 staffnecessary to process all criminal and civil citations filed by Lake Stevens.Marysville shall provide a level ofservice the same as that provided for Marysville cases and that which is necessary for the efficient processing ofall municipal cases. By way of illustration and not by limitation,this "processing" shall include the issuance ofall subpoenas,warrants,maintenance ofcourt files for all municipal cases, case scheduling for all municipal cases, and processing ofall fines and forfeitures for municipal cases.Processing shall also include filing,adjudication and penalty enforcement ofall Lake Stevens cases filed, or to be filed, by Lake Stevens in Municipal Court,including,but not limited to, the issuance ofarrest warrants, settingmotions and evidentiary hearings,discovery matters,bench and jury trials, PSI,sentencings,post-trial motions,the duties ofmunicipal courts regarding appeals and all localcourt services imposed by state statute, court rule, Lake Stevens ordinance,or other regulation as now existing or hereinafter amended. The court staffshall utilize the Discis system as appropriate for all municipal cases. Lake Stevens shall be responsible for discovery for all municipal cases. (2)Bailiff/Securitv/Transport.Marysville shall provide a court bailiff to be present in and around the courtroom during the Lake Stevens municipal calendars.The Bailiffis 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 Lake Stevens defendants. Lake Stevens is responsible to arrange and provide for all City ofLake Stevens prisoner/in custody transport and security and all costs associated therewith for those court calendars that may be held in Lake Stevens. (3)Municipalludge.Marysville shall appoint a qualifiedjudge or judgepro tern who willpreside over the Lake Stevens municipal cases.Payment to the judge shall be made by Marysville but such payment shall.be funded entirely through fees collected from Lake Stevens as identified in section 3, below. (4)Public Defender.Marysville shall provide the services of a public defender, who shall serve as court-appointed counsel for indigent defendants. Public defender services shall be provided on the same terms as contained in the contract for public defender services between Marysville and the public defender. Lake Stevens shall reimburse Marysville for the actual costs of public defender Iwpf/mvllakestevens.cs.amd 2 &2005 RENEWAL final 2 services for Lake Stevens cases.Lake Stevens shall not be charged for any.ofthe public defender's time outside the regularly scheduled Lake Stevens municipal calendar.Alternatively,Lake Stevens may, at its option,contract for public defender services,in which case it will be responsible for all direct costs associated with the service for Lake Stevens cases. (5)Public Defender Screening.The Municipal Court Judge or hislher designee shall screen defendants for eligibility for public defender services. (6)Probation.The City ofMarysville shall provide all probation follow up services for all Lake Stevens municipal cases utilizing the Marysville staffprobation department.Marysville will not bill Lake Stevens for probation services but will retain probation fees collected from Lake Stevens defendants and use those funds to provide probation services. (7)Home Monitoring.When appropriate,the Court shall consider the use ofhome-monitoring or home-detention programs and other alternatives to sentences for the sentencing ofLake Stevens defendants.Lake Stevens agrees to reimburse Marysville for the short fall ofany Lake Stevensdefendant's failure to pay home monitoring or home detention fees. (8)Supplies and Forms.The City ofMarysville shall provide all forms and paperworknecessary for processingmunicipal cases ..By way of illustration and not limitation,these include case settingforms,infraction hearing forms,warrants and general office supplies. (9)Language Intemretation.The City ofMarysville shall provide and pay for all language interpretation services for defendants and necessary witnesses.Lake Stevens agrees to reimburse Marysville for the actual costs for such services. (10) JUryand Witness Fees.Marysville shall pay all jury and witness fees forLake Stevens municipal cases. Lake Stevens agrees to reimburse Marysville for the actual costs ofsuch jury and witnessfees.Lake Stevens will reimburse Marysville one-half the costs ofthe jurorsifMarysville and Lake Stevens share a jury panel on the day ofjury trials.Ifa Lake Stevens case goes to trial beyond the first day, Lake Stevens will reimburse Marysville for the actual costs ofthe jurors. (II)Collection for Nonpavment.Marysville will,through the same collection process as is used for Marysville cases,collect all fines and fees past due for Lake Stevens cases. For those cases sent out to a collection agency, Lake Stevens will assign such collections to suchcollection agency..' Iwpf/mvllakestevens.cs.amd 2 &2005 RENEWAL final 3 (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 ofmunicipal cases. The City of Marysville shall provide aspects of court services located in the City ofMarysville including all office space necessary for the processing ofmunicipal cases, and associated janitorial services, facility insurance,building repair and maintenance, .and related expenses and will be responsible for payment ofall 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 Marysville. The City ofLake Stevens shall provide the use ofthe facilities at 1808 Main StreetLake Stevens to serve as the municipal courtroom including all office space necessary for the processing ofmunicipal cases, and associated janitorial services, facility insurance,building repair and maintenance, and related expenses and will be responsible for payment ofall utility charges such as power, water, sewer, solid waste and telephone services for any portion ofthe facility or facilities utilized to process municipal cases in Lake Stevens. 2.Paragraph 3 is amended to read as follows: 3.FEES.In consideration ofthe services and supplies enumerated in Section 2 above, Lake Stevens shall pay Marysville $35 for the filing ofeach 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.LAKE STEVENS MUNICIPAL COURT CALENDARS. .a. The Lake Stevens municipal court calendar shall be scheduled at such times and.dates.asare compatible with the existing court calendars,the schedule of the judge and the schedule ofthe prosecutor and public defender. Matters heard on the .regularly scheduled Lake Stevens 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 ofsection 8, below, release hearings and arraignment hearings for Lake Stevens defendants may be held on other days consistent with the procedure forMarysville arraignment and release hearings. 4.Pursuant to paragraph 10 DURATION ofthe original agreement the City ofMarysville and the City ofLake Stevens agree to renew this agreement FOR FOUR-YEAR TERM JANUARY 1,2005 TO DECEMBER 31, 2008 Iwpf/mvllakestevens.cs.amd 2 &2005 RENEWAL final 4 5.Paragraph 22 is amended to read as follows: 22.NOTICES.Unless stated otherwise herein,all notices and demands shall be in yn-iting and sent or hand-delivered to the parties at their addresses as follows: CITY OF LAKE STEVENS Mayor 1812 Main Street PO Box 257 Lake Stevens,WA 98258 CITY OF MARYSVILLE ChiefAdministrative Officer 1049 State Avenue .Marysville,WA 98270 5.Exceptas provided herein,all other provision ofthe Interlocal Agreement for Municipal Court Services entered into on September 27, 1999 and the First Amendment to Interlocal Agreement for Municipal Court Services dated December 19, 2001 shall remain in full force and effect,unchanged. IN WITNESS WHEREOF,the parties have caused this agreement to be executed. CITY OF LAKE STEVENS B~1&IfLLWALTY,Mayor DATE:\~-d:i,-o* APPROVED as to form: Iwpf/mvllakesrevens.cs.amd 2 &2005RENEWAL final 5 CITY OF MARYSVILLE ByD~;z;/4 DENNIS KENDALL,Mayor DATE:/2·fJ·lot APPROVED as to form: FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR MUNICIPAL COURT SERVICES BETWEEN THE CITY OF MARYSVILLE AND THE CITY OF LAKE STEVENS ~@{c;@n\ll7@© DEC 062001 CITY Of LAKE STEVENS TffiS AMENDMENT to Interlocal Agreement for Municipal Court Services is made and entered into this day by and between the City of Marysville. a municipal corporation in the State of Washington ("Marysville").and the City of Lake Stevens. a municipal corporation ("Lake Stevens"). WHEREAS. Marysville and Lake Stevens entered into an Interlocal Agreement for Municipal Court Services dated September 27, 1999;and WHEREAS, the initial term of the agreement expires on December 31. 2001; and WHEREAS. Lake Stevens has an option to renew the agreement for a three-year term commencing on January 1. 2002 and ending on December 31. 2004 which Lake Stevens has elected to exercise; and WHEREAS. the parties wish to agree to certain amendments and revisions to the agreement, NOW.THEREFORE, IN CONSIDERATION OF the terms and provisions hereof. Lake Stevens and Marysville agree to amend the Interlocal Agreement for Municipal Court Services entered into on September 27. 1999 as follows: 1.Paragraph 2.b(5) is amended to read as follows: (5) Public Defender Screening.The Municipal Court Judge or his/her designee shall screen defendants for eligibility for public defender services. 2.Paragraph 2.b(6) is amended to read as follows: (6) Probation and Home Monitoring. The City of Lake Stevens shall provide all probation follow up services for all Lake Stevens municipal cases. Lake Stevens shall enter into an independent contract with the probation counselor from the Marysville Municipal Court. Marysville shall provide collection services for Lake Stevens probation cases under comparable terms as received by Marysville. 3.Paragraph 3 is amended to read as follows: Iwpf/mvllakc5tev.amd 200206170679 J 3.FEES.In consideration of the services and supplies enumerated in Section 2 above, Lake Stevens shall pay Marysville $33 for the filing of each. infraction and each criminal citation. The above-referenced fees may be revised prior to contract renewals pursuant to Section 8 below for the succeeding contract. 4.Except as provided herein, all other provision of the Interlocal Agreement for Municipal Court Services entered into on September 27, 1999 shall remain in full force and effect, unchanged. IN WITNESS WHEREOF,the parties have caused this agreement to be executed. CITY OF LAKE STEVENS CITY OF MARYSVILLE By flJw~ DAVID WEISER, Mayor DATE:~Qro~.\"6,S\QC \i DATE:__--J-':.:+-.1-LL-"'--''----_ APPROVED as to form:APPROVED as to form: JEF , City Attorney "GRANT K. WEED, City Attorney DATE:f2..-10 -0 (I I r/o'2-DATE:__----'......L........L..-'---=--:=_ Iwpf/mv/lakestev.amd 2 200206170679 TOTAL P.07 Return Address City of Marysville 1049 State Avenue Suite 201 Marysville WA 98270 Please print or type information 11111111111111111111111111111111111111111111111111111111111111I1111111 200401280003 11 PGS 01-28-2004 08;39am $29.00SNOHOMISHCOUNTY.WASHINGTON Document Title(s)or transactions contained therein): 1.Interlocal Agreement for Municipal Court Services between 2.the City of Marysville and the City of Lake Stevens 3. 4. Grantor(s)(Last name first, then first name and initials) 1.Marysville,City of 2. 3. 4.o Additional names on page __of document. Grantee(s)(Last name first, then first name and initials) 1.Lake Stevens,City of2. 3... 4.o Additional names on page __of document. Legal description (abbreviated:i.e. lot, block, plat or section, township, range,qtr.lqtr.) N/A o Additional legal is on page of document Reference Number(s)of Documents assigned or released: NoneoAdditional numbers on page __of document. Assessor's Property Tax Parcel/Account Number N/AoProperty Tax ParcellD is not yet assignedoAdditionalparcel numbers on page __of document The Auditor/Recorder will rely on the information provided on the form. The staff wil1 not read the document to verify the accuracy or completeness of the indexing information. •"'i",;"~_'..,_'o ~,,.' INTERLOCAL AGREEMENT FOR MUNICIPAL COURT SERVICES BETWEEN THE CITY OF MARYSVILLE AND THE CITY OF LAKE STEVENS 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 Lake Stevens ("Lake Stevens"),a municipal corporation in the State of Washington. WHEREAS,Lake Stevens desires to utilize the municipal court services of the City of Marysville;and WHEREAS,Marysville has offered to provide these services to Lake Stevens;and WHEREAS,municipal court services provided by Marysville will include court staff, a municipal judge pro tern,a public defender,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 Lake Stevens and Marysville as follows: 1.PURPOSE OF AGREEMENT.The purpose of this Agreement is to provide for the processing of Lake Stevens criminal citations and infractions by the Marysville Municipal Court,to set forth the fees to be paid by Lake Stevens 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 Lake Stevens.Marysville shall provide court services to Lake Stevens at the same level as Marysville provides for the same type of cases originating in Marysville. a.Municipal Cases.Munioipal cases shall include all civil or traffic and other infraction actions,and criminal citations/complaints filed by Lake Stevens 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 Lake Stevens.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 Imv/lakestev.cs (912/99) 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 Lake Stevens cases filed, or to be filed,by Lake Stevens 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,Lake Stevens ordinance,or other regulation as now existing or hereinafter amended.The court staff shall utilize the Discis system as appropriate for all municipal cases.Lake Stevens 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 Lake Stevens municipal calendars. (3)Municipal Judge.Marysville shall appoint a qualified judge or judge pro tem who will preside over the Lake Stevens municipal cases. Payment to the judge shall be made by Marysville but such payment shall be funded entirely through fees collected from Lake Stevens as identified in section 3,below. (4)Public Defender.Marysville shall provide the services of a public defender,who shall serve as court-appointed counsel for indigent defendants.Public defender services shall be provided on the same terms as contained in the contract for public defender services between Marysville and the public defender.Lake Stevens shall reimburse Marysville for the actual costs of public defender services for Lake Stevens cases.Lake Stevens shall not be charged for any of the public defender's time outside the regularly scheduled Lake Stevens municipal calendar.Alternatively,Lake Stevens may,at its option,contract for public defender services,in which case it will be responsible for all direct costs associated with the service for Lake Stevens cases. (5)Public Defender Screening.The Municipal Court Judge shall screen defendants for eligibility for public defender services. (6)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 Lake Stevens defendants.Lake Stevens agrees to reimburse Marysville for the shortfall of any Lake Stevens defendants'failure to pay home monitoring or home detention fees.Marysville shall not provide probation services for Lake Stevens defendants.However,Lake Stevens may elect to contract independently for probation services for Lake Stevens defendants. Imvllakestev.cs (9/2/99)2 (7)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. (8)Language Interpretation.The City of Marysville shall provide and pay for all language interpretation services for defendants and necessary witnesses.Lake Stevens agrees to reimburse Marysville for the actual costs for such services. (9)Jury and Witness Fees.Marysville shall pay all jury and witness fees for Lake Stevens municipal cases.Lake Stevens agrees to reimburse Marysville for the actual costs of such jury and witness fees.Lake Stevens will reimburse Marysville one-half the costs of the jurors if Marysville and Lake Stevens share a jury panel on the day of jury trials.If a Lake Stevens case goes to trial beyond the first day,Lake Stevens will reimburse Marysville for the actual costs of the jurors. (10)Collection for Nonpayment.Marysville will,through the same collection process as is used for Marysville cases,collect all fines and fees past due for Lake Stevens cases.For those cases sent out to a collection agency,Lake Stevens will assign such collections to such collection agency. (11)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,Lake Stevens 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 8,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 Lake Stevens all fines,forfeitures,costs,penalties,fees,assessments,parking ticket payments,and any other money imposed and/or accrued by the municipal court associated with Lake Stevens 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 Lake Stevens copies of billing documentation for services provided by the public defender,probation,language interpreter and jury and witness fees. Imv/lakestev.cs (912/99)3 ".....-. 5.MONTHLY REPORTING.Marysville will provide to Lake Stevens a monthly remittance report listing Lake Stevens cases filed and revenues received for all Lake Stevens cases on which fines and other Lake Stevens revenue is calculated in a format consistent with the requirements described in Exhibit B.Unless modified by mutual agreement,Exhibit B shall set out the content for financial reporting to Lake Stevens 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 Administrators 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.LAKE STEVENS MUNICIPAL COURT CALENDAR. a.The Lake Stevens 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 Lake Stevens 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 Lake Stevens defendants may be held on other days consistent with the procedure for Marysville arraignment and release hearings. 8.APPEARANCE BY LAKE STEVENS PROSECUTOR NOT REQUIRED FOR CERTAIN MATTERS.The Lake Stevens 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 Lake Stevens 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 Lake Stevens 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 Lake Stevens 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 on December 31,2001,unless terminated earlier pursuant to Section 11 (Termination).Lake Stevens shall have an option to renew this agreement for a three-year term commencing on January 1,2002 and ending on December Imvllakestev.cs (912/99)4 31,2004,and a second renewal for a four-year term,commencing on January 1,2005 and ending on December 31,2008.Said renewals shall be subject only to mutual agreement of the parties with the schedule of fees set forth in Section 3 above. 11.TERMINATION OF AGREEMENT.Lake Stevens 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. 12.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 Lake Stevens or his designee,and the City Administrator and Court Administrator for Marysville.In order to review and resolve operation and coordination issues between Marysville and Lake Stevens,there may be a Management Review Committee consisting of 1)Marysville City Administrator or designee, 2)Marysville Court Administrator,3) Lake Stevens City Administrator or designee, 4)Municipal Judge,and 5)both Chiefs of Police. 15.INDEMNIFICATION. a.Marysville shall indemnify and hold harmless Lake Stevens 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 Lake Stevens, Marysville shall defend the same at its sole cost and expense,provided that Lake Stevens 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 Lake Stevens or its officers,agents,employees and elected officials,or any of them,or jointly against Lake Stevens and Marysville and their respective officers,agents, employees and elected officials,or any of them,Marysville shall satisfy the same. b.Lake Stevens shall indemnify and hold harmless Marysville and its officers,agents,employees and elected officials,or any of them,from any and all Imv/lakestev.cs (9/2/99)5 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 Lake Stevens, 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 Marysville,Lake Stevens 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 Lake Stevens and their respective officers,agents,employees and elected officials,or any of them,Lake Stevens 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 Administrators 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 Lake Stevens,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 Lake Stevens are acting as Lake Stevens 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 Imv/lakestev.cs (9/2/99)6 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 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 LAKE STEVENS City Administrator 1812 Main Street PO Box 257 Lake Stevens,WA 98258 CITY OF MARYSVILLE City Administrator 4822 Grove Street Marysville,WA 98270 IN WITNESS WHEREOF,the parties have caused this agreement to be executed. CITY OF LAKE STEVENS APPROVED as to form: DANA D. KAPEL /mv/lakestev.cs (9/2/99)7 CITY OF MARYSVILLE By (}fUlt1tJhilA DAVE WEISER,Mayor DATE:----.3'--'.:\&=-\--'-"---,-q->-'1 _ APPROVED as to form: ....GRANT K. WEED,City Attorney DATE:q!21lqq I ' , EXHIBIT "A" CALCUlATION OF FILING FEES FOR DEFENDANTSBASED ONMUNICIPAL COURT COSTPER CASE. EXHIBIT "B" REPORTINGREQUIREMENTSANDPROCEDURES This exhibit identifies anddescribes reporting proceduresfor Marysville.These reports will enable Lake Stevens to: i)Ensure that the revenue from Lake Stevens cases is appropriately credited to Lake Stevens, enabling Lake Stevens to reconcile the remittance to detail information. 2)Monitor revenue collection trends byfiling year, case type,anddisposition. 3) Have revenue reportedin a way that matches remittances. 4)Provide historical comparisons to current activity forforecasting purposes. it is the intention to provide all reports in an efficient manner, through DISCIS or some other electronic method. I Reporting requirements: A.Monthlv Remittance Summary Report- To summarize revenue remitted to the City to show: i)The number ofcases (related to the payment amount);and ii)recoupment/reimbursements (fines,forfeitures, costs,penalties,fees, assessments,parking ticket payments andanyother money imposed or accruedon Lake Stevens municipal cases). B.Monthlv Filing Report- i)Jurisdiction Billing Report -To show listing ofall Lake Stevensfilings with the Court. ii)Caseload Report -To showcaseloadstatistics by Lake Stevens case type (i.e. DU!, theft, assault, DWLS). iii).Remittance &Disposition Detail-To show remittance anddisposition detail. II Management Reporting. A)Infraction Revenue Summary Report- To show summary and detail ofParking, Traffic,andNon-traffic infraction revenue in total and by type. i)Criminal Citation Revenue -To show summary anddetail ofDWI. Criminal traffic misdemeanor, Non-Traffic misdemeanor revenue in total and by type. III Annual Reporting,The December report should summarize the results ofthefull yearfor all monthly reports where such YTD information is notprovided on a monthly basis. EXHIBIT "C" PERFORMlNCEASD WORKLOAD INDICATORS Thefollowing items willbe reported byMarysville on "quarterly basis unless otherwise agreed, when available through DISCfielectronically. 1. Percentage offilings by case type whionfail (0 appear or have a warrant issued 2.DISc$caseload report. whichincludes items such as filings by case type,dismissals and number ofhearings. 3.Number o.fguilty/committed by broadesse ope 4.Timejromfi/ing todisposition by broad case type 5.Number ofcontinuances requested/graried by broad case ope 6.Number ofprobation violation review hearings 7. Citation re-a/finders by broad case type 8. Percentage completing probation by bread case