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Home My WebLink AboutR-1998-017 Agreement / Yakima County District Court / Prosecution Feesy1 RESOLUTION NO. R-98 17 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a prosecution fee agreement with Yakima County for 1998. WHEREAS, the City of Yakima is obligated to pay for the costs of prosecution of all misdemeanor and gross misdemeanor offenses occurring within the jurisdiction of the City and referred by the City's law enforcement personnel; and WHEREAS, because of State preemption, certain misdemeanors and gross misdemeanors cannot be filed through the Yakima Municipal Court; and WHEREAS, such charges must be prosecuted by the Yakima County Prosecutor's office; and WHEREAS, due to conflicts of interests, it is sometimes necessary to have the Yakima County Prosecutor's office prosecute a particular case. Now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk and hereby authorized and directed to execute the attached and incorporated The City of Yakima/Yakima District Court Prosecution Fee Agreement for 1998 with Jeff Sullivan, Yakima County Prosecutor. ADOPTED BY THE CITY COUNCIL this 3 day of ATTEST: City Clerk ke/resolutions/districtfee.jw j -I1 P..� OHN PUCCINELLI, Mayor , 1998. THE CITY OF YAKIMA /YAKIMA DISTRICT COURT PROSECUTION FEE AGREEMENT THIS AGREEMENT is entered into by and between the CITY OF YAKIMA, a municipal corporation of the State of Washington (hereinafter "City") and YAKIMA COUNTY, a political subdivision of the State of Washington, and is effective as of the first day of January, 1998. In consideration of the mutual promises contained herein, and pursuant to RCW 39.34.180, the parties agree as follows: 1. Purpose. Pursuant to RCW 39.34.180, the City is responsible for the costs of prosecution, adjudication and sentencing, and incarceration of misdemeanor and gross misdemeanor offenses committed by adults within the City of Yakima and referred from the City's law enforcement agencies, whether filed under State law or City ordinance. The City may carry out this responsibility by entering into a contract with Yakima County under RCW Chapter 39.34, The Interlocal Cooperation Act. It is the purpose and intent of this Agreement to establish the per case fee to be paid by the City to Yakima County for costs of prosecution of misdemeanor and gross misdemeanor offenses, exclusive of matters originally filed as felonies or attempted felonies, committed by adults within the City of Yakima and referred from the City's law enforcement agencies filed under State law. 2. Consideration/Filing Fee. The City shall pay a fee for Prosecution Services of Seventy-five and no/100 Dollars ($75.00) for each criminal case filed by Yakima County after January 1, 1998, for misdemeanor and gross misdemeanor offenses, exclusive of actions ongoing filed as felonies or attempted felonies, committed by adults in the City's jurisdiction and referred from the City's law enforcement agency. Yakima County shall submit a monthly voucher to the City. Each voucher shall include a complete list of each filing billed for the calendar month for which the voucher is submitted. The City shall pay the amount due within thirty (30) days of receipt of each voucher. 3. Term of Agreement. This Agreement shall be deemed effective as of January 1, 1998, and shall remain in full force and effect for each calendar year thereafter, unless sooner modified or terminated as provided for herein. Page 1 of 4 4. Modification. This Agreement may be modified as and when agreed between the parties in writing and in compliance with paragraph 9 hereof. 5. Termination. This Agreement may be terminated by either party by giving the other party written notice of termination. Such notice must be given 120 days prior to the effective date of termination. Should the parties be unable to reach agreement on a new prosecution fee agreement, the matter shall then be submitted to arbitration as provided for in RCW 39.34.180 (3). 6. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by either party to any other person or entity without the prior written consent of the City and Yakima County. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of assignor as stated herein. 7. Non -Waiver. The failure of one party to this agreement to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right of said party under this Agreement. 8. Severability. If any portion of the Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 9. Integration. This written document constitutes the entire Agreement between the parties. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 10. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties at their addresses as follows: Page 2 of 4 Ik/agr/District Court Kling Fm/jw To City: To County: John Hanson Director of Finance 129 North Second Street Yakima, WA 98901 Prosecuting Attorney Yakima County District Court 128 North Second Street Yakima, WA 98901 or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. 11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 12. Approval and Filing. Each party shall approve this Agreement by resolution, ordinance or otherwise pursuant to the laws of the governing body of each party. The attested signatures of the City Manager and Yakima County Commissioners below shall constitute a presumption that such approval was properly obtained. A copy of this Agreement shall be filed with the Yakima County Auditor's Office pursuant to RCW 39.34.040. Page 3 of 4 Ik/agr/District Com[ Filing Fee/jw CITY OF YAKIMA By b. R.A. Zais, Jr., City Manager Attest this t`F'`" day of 1998. City Clerk Contract No. YAKIMA COUNTY Resolution No. / '`'l ✓ Ik/agr/Distnct Court Ring Fee/jw Page 4 of 4 ffrey ' ullivan Prosecuting Attorney f `� ,1998. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1/ For Meeting Of ITEM TITLE: Resolution authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a prosecution fee agreement with Yakima County for 1998. SUBMITTED BY: Jeff B. West, Senior Assistant Attorney I CONTACT PERSON/TELEPHONE: Jeff B. West, 509) 575-6030 SUMMARY EXPLANATION: Because of State preemption of certain misdemeanor and gross misdemeanor charges and, while very rare, it is sometimes necessary to have certain cases prosecuted by the County Prosecutor's office because of conflicts of interest. The City staff and Yakima County Prosecuting Attorney, Jeff Sullivan, have negotiated the attached Agreement to provide for prosecution services for 1998. This sets the per case fee at 575.00. In 1997 the volume of such cases which were filed through the County Prosecutor's office was minimal. There is no reason to expect that 1998 will differ significantly. Hence, this Agreement should have a minimal financial impact on the City. Resolution _X.,_ Ordinance Contract Other(Specify) Funding Source APPROVED FOR SUBMITTAL:--� City Manager STAFF RECOMMENDATION: Approve Resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: ke/agenda/districtfee.jw