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HomeMy WebLinkAboutR-1998-165 Agreement / Yakima County District Court / Legal / PoliceRESOLUTION NO. R-98-165 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a Yakima County District Court Collections and Trailing Cases Agreement with Yakima County for the purpose of obtaining adjudication, closure and collection services for City cases filed with the Yakima County District Court prior to January 1, 1997. WHEREAS, pursuant to RCW 3.62.070, RCW 39.34.180, and RCW Chapter 39.34, Yakima County and the City are authorized to enter into an agreement establishing the fee to be paid by the City to Yakima County for adjudicating and concluding criminal and traffic infraction cases filed by the City in Yakima County District Court (hereinafter "District Court") before January 1, 1997; and WHEREAS, pursuant to RCW Chapter 39.34, Yakima County and the City are. also authorized to enter into an agreement establishing the fee to be paid by the City to Yakima County for collecting unpaid fines, costs and assessments related to those cases; and WHEREAS, pursuant to said statutory authority, the City and Yakima County executed the 1987 Yakima County District Court Filing Fee Agreement (hereinafter "1987 Agreement") that established a fee to be paid by the City to Yakima County for the adjudication of criminal and traffic infraction cases filed by the City with the District Court before January 1, 1997; and WHEREAS, as of January 1, 1997, a number of the criminal and traffic infraction cases filed with the District Court prior to January 1, 1997, had not been adjudicated and/or closed by the District Court (hereinafter "trailing cases"); and WHEREAS, the City and Yakima County disagreed over whether the 1987 Agreement was still in effect for 1997 and whether any compensation was due from the City to Yakima County in 1997 and beyond for adjudication and closure of the trailing cases; and WHEREAS, the City and Yakima County submitted the matter to arbitration before arbitrator Don W. Schussler in November 1997 and he rendered a decision on November 19, 1997, that held the 1987 Agreement was generally valid but that the City could terminate the 1987 Agreement for years 1999 and beyond; and WHEREAS, in a written letter dated June 26, 1998, the City formally terminated the 1987 Agreement but also indicated it was "willing to pay the County a reasonable fee for the necessary District Court services" for the adjudication and closure of the trailing cases during 1999 and beyond; and C V(u.n'. FY..IRESOLUTIONSN1cMURRAY*Iorns Mi ty-ds caN-0621.n doe WHEREAS, Yakima County and the District Court are willing to adjudicate and close all of the trailing cases in accordance with the terms and conditions of the attached agreement; and WHEREAS, Yakima County and the District Court are willing to provide collection services to the City regarding collection of fines, costs and assessments related to the trailing cases in accordance with the terms and conditions of theattached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the attached agreement with Yakima County for adjudication and collection services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY_OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Yakima County District Court Collections and Trailing Cases Agreement" with Yakima County for the purpose of obtaining adjudication, closure and collection services for City cases filed with the Yakima County District Court prior to January 1, 1997. /11 ADOPTED BY THE CITY COUNCIL this day of December 1998. ATTEST: City Clerk C.Wrsn's FYnV2ESOLUTIONSV. AIURRAH,Wiu county -dist caR-69-79^n.doe John Puccinelli, Mayor a• YAKIMA COUNTY DISTRICT COURT COLLECTIONS AND TRAILING CASES AGREEMENT THIS DISTRICT COURT COLLECTIONS AND TRAILING CASES AGREEMENT (hereinafter "Agreement") is entered into by and between the CITY OF YAKIMA, a Washington State municipal corporation (hereinafter "City"), and YAKIMA COUNTY, a Washington State political subdivision. WITNESSETH: WHEREAS, pursuant to RCW 3.62.070, RCW 39.34.180, and RCW Chapter 39.34, Yakima County and the City are authorized to enter into an agreement establishing the fee to be paid by the City to Yakima County for adjudicating and concluding criminal and traffic infraction cases filed by the City in Yakima County District Court (hereinafter "District Court") before January 1, 1997, and for collecting unpaid fines, costs and assessments related to those cases; and WHEREAS, pursuant to said statutory authority, the City and Yakima County executed the 1987 Yakima County District Court Filing Fee Agreement (hereinafter "1987 Agreement") that established a fee to be paid by the City to Yakima County for the adjudication of criminal and traffic infraction cases filed by the City with the District Court before January 1, 1997; and WHEREAS, as of January 1, 1997, a number of the criminal and traffic infraction cases filed with the District Court prior to January 1, 1997, had not been adjudicated and/or closed by the District Court (hereinafter "trailing cases"); and WHEREAS, the City and Yakima County disagreed over whether the 1987 Agreement was still in effect for 1997 and whether any compensation was due from the City to Yakima County in 1997 and beyond for adjudication and closure of the trailing cases; and WHEREAS, the City and Yakima County submitted the matter to arbitration before arbitrator Don W. Schussler in November 1997 and he rendered a decision on November 19, 1997, that held the 1987 Agreement remained in effect but that the City could terminate the 1987 Agreement for years 1999 and beyond; and WHEREAS, in a written letter dated June 26, 1998, the City formally terminated the 1987 Agreement but also indicated it was "willing to pay the County a reasonable fee for the necessary District Court services" for the adjudication and closure of the trailing cases during 1999 and beyond; and WHEREAS, Yakima County and the District Court are willing to adjudicate and close all of the trailing cases in accordance with the terms and conditions of this Agreement. Page 1 of 5 NOW, THEREFORE, in consideration of the mutual promises contained herein, and pursuant to RCW 3.62.070, 39.34.180, and RCW Chapter 39.34, the City and Yakima County agree as follows: 1. Purpose and Scope of Services. The City filed a number of criminal and traffic infraction cases with the Yakima County District Court ("District Court") prior to January 1, 1997. Some of these cases have not been adjudicated and/or closed by the District Court and are herein referred to as "trailing cases." In consideration of the City paying Yakima County the fee specified in Section 4 of this Agreement, Yakima County and the District Court shall take all necessary steps to adjudicate and conclude these trailing cases. 2. Cases filed by City with Yakima County District Court after January 1, 1997. This Agreement is not intended to affect, and shall not be construed to affect, the cases filed by the City in Yakima County District Court on or after January 1, 1997. The City and Yakima County have entered into a separate agreement, entitled "The City of Yakima/Yakima District Court Filing Fee Agreement" and dated June 13, 1997, that addresses costs for adjudication and sentencing regarding those cases. 3. Agreement supersedes 1987 Agreement and November 19, 1997, Arbitration Decision. This Agreement entirely supersedes both the 1987 Agreement and the Arbitration Decision of Don W. Schussler dated November 19, 1997 insofar as said decision relates to years 1999 through 2001. 4. Consideration. In consideration of Yakima County and the District Court adjudicating and closing the trailing cases: (a) The City shall pay Yakima County a lump sum of $30,000 on or before March 1, 1999. (b) From January 1, 1998, through midnight December 31, 1999, Yakima County shall submit a monthly payment to the City of all amounts collected regarding fines, costs and assessments related to the trailing cases. The City shall remit, within thirty (30) days of receipt of each payment, to Yakima County ten percent (10%) of the net amount collected as total compensation for said collection services. Net amount collected shall be calculated by subtracting from the total amount reimbursed to the City: crime victims compensation; warrant administration fees; and PSEA amounts reimbursed to the State of Washington. C:\Karen's Flies \ AGREEMENTS \MMMURRAY\d..fding n collections 2.doc Page 2 of 5 (c) From January 1, 2000, through termination of this Agreement, Yakima County shall submit a monthly payment to the City of all amounts collected regarding fines, costs and assessments related to the trailing cases. The City shall remit, within thirty (30) days of receipt of each payment, to Yakima County one hundred percent (100%) of the net amount collected as total compensation for said collection services. Net amount collected shall be calculated by subtracting from the total amount reimbursed to the City: crime victims compensation; warrant administration fees; and PSEA amounts reimbursed to the State of Washington. (d) In the event that the Washington State Auditor and the Department of Revenue approve payment by the County directly to the State such amounts from paragraph (iii) above payable to the State, the County may make such payments directly to the State without transmitting the funds to the City. 5. Duration of Agreement. This Agreement shall be deemed effective January 1, 1999, and shall continue until all trailing cases have been adjudicated and closed by the District Court; provided, however, that either party may terminate this Agreement with cause in accordance with Section 6 of this Agreement. The District Court shall immediately notify the City in writing when all trailing cases have been adjudicated and closed. 6. Remedies. In the event either party fails to comply with the terms and conditions of this Agreement, either party may pursue such remedies as are legally and equitably available, including, but not limited to, the immediate termination of this Agreement. Prior to termination for cause, notice shall be given to the defaulting party in writing, which shall state the reasons for termination and allow sixty (60) days to cure such default. 7. Employees. All employees of the District Court, the District Court collection unit and the District Court Administrator are Yakima County employees over whom the City has no authority or right of directing work or activity and for whom Yakima County is solely responsible for payment of all compensation, benefits and taxes. 8. 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. C:\Karen's Files \ AGREEMENTS \hIcMURRAY\d.cGhng n collections 2.doc Page 3 of 5 9. 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. 10. 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: To City: John Hanson Director of Finance 129 North Second Street Yakima, WA 98901 To County: Court Administrator 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, or hand -delivered. Such notices shall be deemed effective on the date mailed or hand -delivered at the addresses specified above. 11. 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. 12. Integration and Supersession. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements, which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto except as herein provided, and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 13. Governing Law. This Agreement has been made within the State of Washington and shall be governed, interpreted and applied in accordance with the Washington State law. C:\Karen's Files \ AGREEMENTS \McMURRAY\d.c.filing n collections 2.doc Page 4 of 5 14. 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. CITY OF YAKIMA YAKIMA COUNTY By: By. R. A. Zais, Jr., City Manager Bettie Ingham—Ch Attest this l ' day of December, 1998 Karen Roberts, City Clerk Contract No. Resolution No. e 't COUAh,q, By: Bill Flowers — Co ssioner By: Vim' Attest By hiss da Y Bleb mmissioner f December, 1998 11. fyly a Hinojosa saf the Board od Fitch District Court Judge (Presiding) December `2-2- ,1998 C:\Karen's Files \ AGREEMENTS \M<MURRAY\d.c.fi ing n collections 2.doc Page 5 of 5 heresa Doty Court Administrator December 21 ,1998 Approved as to form: By: Ron Zirkle Chief Deputy Prosecuting Attorney December ,1998. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of i - t 5 - 9 i3 ITEM TITLE: Resolution authorizing the City Manager to execute a District Court Collections and Trailing Cases Agreement with Yakima County. SUBMITTED BY: John Hanson, Finance Director Jeff West, City Prosecutor Paul McMurray, Asst. City Attorney CONTACT PERSON/TELEPHONE: Jeff West, City Prosecutor (575-6033) SUMMARY EXPLANATION: For many years the City of Yakima filed most of its criminal misdemeanor and traffic infraction cases with the Yakima County District Court for adjudication and sentencing purposes. The District Court provided these services to the City pursuant to a 1987 Filing Fee Agreement executed between Yakima County and the City. In late 1996, the City established its own municipal court to handle almost all of the City's misdemeanor and traffic infraction cases. However, a number of criminal and traffic infraction cases that had been filed by the City with the District Court prior to January 1, 1997, remained open ("trailing cases"). The City and the County disagreed over whether any compensation was due from the City to the County for the District Court's adjudication and closure of the trailing cases. The dispute was arbitrated in November 1997 and resulted in a decision adverse to the City. Unless the City formally terminated the 1987 Agreement, the City was required to pay the County during 1999-2001 a total of $90,413 for adjudication and closure of the trailing cases. The City exercised its option to terminate the 1987 Agreement in June 1995. Thereafter, City and County representatives met and negotiated a new agreement to address payment for adjudication and closure of the trailing cases and for collection services related to fines and penalties imposed in City cases filed with District Court. Under the proposed agreement, the City would pay the County the following for the adjudication and closure services: a lump sum of $30,000; allow the County to retain 10% of the net proceeds collected on the trailing cases during 1998-99; and permit the County to retain 100% of the net proceeds collected from the year 2000 on. Additionally, the agreement provides that the County may retain 10% of the net proceeds collected by the District Court during 1998 and beyond for cases filed by the City with District Court after January 1, 1997 (a relatively small number of cases). Attached hereto for consideration and approval of the City Council is a resolution and new "Yakima County District Court Collections and Trailing Cases Agreement." Resolution X Ordinance Contract X Other(Specify) Funding Source APPROVED FOR SUBMrI-1 AL: • City Manager STAFF RECOMMENDATION: Adopt resolution authorizing execution of the "Yakima County District Court Collections and Trailing Cases Agreement." COUNCIL ACTION: