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INTERLOCAL AGREEMENT BETWEEN THE CITY OF EPHRATA AND
GRANT COUNTY FOR THE PROVISION OF COURT SERVICES WITHIN
THE MUNICIPAL DEPARTMENT OF THE DISTRICT COURT
THIS AGREEMENT made by and between GRANT COUNTY, duly organized and operating
under and by virtue of the Constitution and the laws of the State of Washington, hereinafter
referenced to as the "COUNTY" and the CITY OF EPHRATA, a municipal corporation of the
State of Washington, hereinafter referred to as the "CITY", for theprovision of court services to
the City's Municipal Department of the Grant County District Court, he referred to as
4�municipal department" or "municipal court".
RECITALS:
WHEREAS, the CITY has previously petitioned the COUNTY toestablish a municipal
department of Grant County District Court; and
WHEREAS, the organization of the CITY's Municipal Department was incorporated
into Grant County's District Court Districting Plan; and
WHEREAS, the municipal department for the CITY was created by the COUNTY,
known as the Municipal Department of the CITY of EPHRATA; and
WHEREAS, the CITY and COUNTY previously entered into an Interlocal Agreement
dated December 28, 2004, to utilize the services of the COUNTY'sDistrict Court judges to hear
cases on violations of the CITY's civil ordinances, hereinafter referredto as the " 2004 ILA";
WHEREAS, the CITY desires to continue to utilize the services of the COUNTY's
District Court judges to hear cases on violations of the CITY's civil ordinances, and no other
matters except as conferred by statute; and
WHEREAS, the CITY desires to now utilize the services of the COUNTY's District
Court clerks to serve as municipal court clerks in order to file and process cases on violations of
the CITY's civil ordinances, and no other matters except as conferred by statute; and
WHEREAS, the parties desire to enter into an agreement amending the 2004 ILA and
further defining their rights, duties, and liabilities relating to the utilization of the COUNTY's
District Court judges and clerks to process and hear cases on violations of the CITY civil
ordinances and no other matters except as conferred by statute; and
WHEREAS, the purpose of this Agreement is toprovide the CITY with Municipal Court
services for the adjudication of violations of CITY civil ordinances and establish a basis for
identifying costs, revenues, fines, fees and responsibilities of both parties hereto and
WHEREAS, the Municipal Court services to be provided by the COUNTY are expressly
restricted to the provision of a District Courtjudge and Municipal Court clerk.
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District Court ILA 2022 1 of 8
NOW, THEREFORE, for and in consideration on the mutual covenants, agreements, and
stipulations contained herein, the CITY and the COUNTY hereby agree as follows:
1. DEFINITIONS,
"Case" — A Notice of Infraction filed with a unique citation number for a violation of the CITY's
civil ordinances.
2. MUNICIPAL COURT SERVICES.
Commencing from the time this Agreement is executed, the COUNTY shallprovide timely and
efficient court services in the CITY's Municipal Court for all civil municipal court cases.
a. The COUNTY's Responsibilities. .0
The following court services shall be provided by the COUNTY under this Agreement. -
1. Municipal Court Judges and Presiding Judge.
The District Court Judges, the Presiding Judge, and the Commissioner shall
continue to preside over the Municipal Departments cases pursuant to RCW
3.46.060. Costs contemplated by RCW 3.46 et'seq., and the Grant County
District Court Districting Plan 2013 are included in the costsprovided for in
this Agreement.
2. Court Staff.
The COUNTY shall provide court clerks necessary to timely and efficiently
process all civil municipal cases filed by the CITY. Court clerks will not be
considered CITY employees.
3. Supplies and Forms.
The COUNTY shall provide all court forms and paperwork necessary for the
processing of the CITY's municipal court cases.
4. Language Interpretation.
The COUNTY shall provide and pay for all language interpretation services
for the CITY's municipal court civil defendants.
5. Collection and Remittance of Fines and Collection for Nonpayment.
The COUNTY will collect, receipt, and remit all municipal infraction fees,
fines, assessments, and penalties to the CITY on a monthly basis. The
COUNTY will, through the same collection process used for the COUNTY
District Court cases, collect all fin es, fees, and assessments for the CITY's
Municipal Court civil cases and remit those fines, fees, and assessments to the
CITY on a monthly basis.
Ephrata and Grant County
District Court ILA 2022 2 of 8
6. Property.
The cost of all real and personal property used in the performance of the
COUNTY's duties under the terms of this Agreement shall be the sole
responsibility of the COUNTY.
7. Court Scheduling.
The scheduling of court proceedings for the CITY Municipal Court is
controlled by the COUNTY District Court and the Presiding Judge. However,
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the COUNTY District Court agrees to schedule the CITY's civil matters
separately from similar matters instituted by other jurisdictions and court
proceedings shall be scheduled at least once per month.
8. File Management and Retention.
The COUNTY District Court shall manage and retain court case files for the
CITY's Municipal Court for all cases filed under this Agreement. Files shall
be managed and retained in accordance with procedures established by the
Supreme Court Rules, Judicial Information System policies, Washington State
Archives and District Court policies.
9. Facilities.
The COUNTY District Court agrees torovide facilities at the COUNTY
OUNTY
District Court facilities for CITY Municipal Court civilroceedin s.
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10. Miscellaneous.
The COUNTY shall provide services that are required b law for the function
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of the CITY Municipal Court.
b. The CITY's Responsibilities.
1. Prosecution.
The CITY shall be responsible for providing andPay g in for all prosecution
services for all cases filed on its behalf.
2. Notice of Infractions.
All Notices of Infraction issued by the CITY must be filed with the
COUNTY District Court pursuant to IRLJ 2.2(d). See also IRLJ 1.2(a)—(b)
(definitions for "Infraction Case" and "Notice of Infraction").
3. Receipt for Remittance
Upon receiving the remittance from the COUNTY, the CITY shallrovide
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remittance receipt to the court within thirty (3 0) days.
4. File Management and Retention Infraction Cases Prior to Agreement,
All infraction records under GR 31 and GR 31.1rior to this Agreement shall
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be managed and retained by the CITY. Files shall be managed and retained i
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accordance with the procedures established by the Supreme Court Rules,
,
Ephrata and Grant County
District Court ILA 2022 3 of 8
Judicial Information System policies, Washington State Archives and District
Court policies.
3. COSTS AND REVENUE,
a. The COUNTY District Court will send invoices to the CITY for each quarter. The
quarters being January—March, April—June, July—September, and October—December.
The COUNTY District Court will send the invoice for a quarter within 45 days of the
end of a quarter.. The CITY will be responsible to pay the invoice within 30 days of
receipt of the invoice.
b. For the year 2021, the fee schedule currently in place will remain the same. Any
payments made by the CITY for the months of July, 2020, through the time of
execution of this Agreement (during which time municipal court operations were
suspended) shall be credited against future invoices beginning at the time this
Agreement is signed.
c. *Starting January 1, 2022, the CITY shall pay the COUNTY District Court at the
rate of $30.00 per case filed.
The COUNTY District Court shall bill the CITY in accord withparagraph 2(a) above
and shall note on each invoice the number of infractions for which the CITY is being
charged. The Fee may be reviewed and renegotiated by the COUNTY and CITY on a
yearly basis after the first year. If fees are not agreed upon, then using the Dispute
Resolution process hereunder, fees must be negotiated, in October starting October
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d. All fines, fees, costs, and assessments shall be collected and accounted for by the
COUNTY District Court staff in accordance with Chapter 3.62 of the RCW and any
other applicable laws and paid to the CITY along with an accounting thereof,
monthly. The COUNTY shall provide collection reports to the CITY on aquarterly
basis.
4. GENERAL PROVISIONS,
a. This Agreement shall not be construed as or deemed to be a contract for the
benefit of any third party or parties and no third party orparties shall have any right
to action hereunder for any cause whatsoever.
b. No agent, em-plovee, servant, or representative of the CITY shall be deemed to be
employee,
an employee of COUNTY for any purpose and no employee of COUNTY or of the
District Court shall be deemed an employee of the CITY.
c. Each party to this Agreement shall act in good faith and shall aid and assist the
other in accomplishing the obj ective of this Agreement.
Ephrata and Grant County
District Court ILA 2022 4 of 8
d. This Agreement, upon execution by all parties, supersedes and amends the 2004
Interlocal Agreement and any other prior contracts and agreements (oral or written)
for the District Court's assumption of Municipal Court services between the CITY
and the COUNTY. Provided, however, that this Agreement does not affect that
Interlocal Agreement Between the CITY and COUNTY for Provision of Services for
Misdemeanor Offenses Committed by Adults, executed between the parties in
September, 1998.
5. MODIFICATION,
No change or additions to this Agreement shall be valid or binding upon either party unless such
change or addition is in writing, signed by both parties. In the event the CITY and the COUNTY
cannot agree upon issues related to modification or renewal of this Agreement, the Parties shall
follow the Dispute Resolution clause hereunder.
6. TERM,
This Agreement shall become effective commencing the I st day of January, 2022, and shall
continue in effect through the 31 St day of December, 2026. This Agreement will continue in force
for subsequent years on the terms specified herein unless other terms are negotiated within 90
days prior to the end of the calendar year.
7. NOTICE,
Any notice required to be given by either party to the other shall be deposited in the United
States mail, postage prepaid, addressed to the COUNTY at:
Grant County District Court
Court Administrator
PO Box 37
Ephrata, WA 98823
Or to the CITY, at:
City Clerk
City of Ephrata
121 Alder Street SW
Ephrata WA 98823
Or at such other address as either party may designate to the other in writing from time to time.
All notices to be given with respect to this Agreement shall be in writing. Every notice shall be
deemed to have been given at the time it shall be deposited in the United States mail in the
manner prescribed herein. Nothing contained herein shall be construed to precludepersonal
service of any notice in the manner prescribed for personal service of a summons or other legal
process.
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District Court ILA 2022 5 of 8
8. TERMINATION,
a. CITY: The CITY may terminate this Agreement by providing the Court
Administrator with written notice of its intent to disband its Municipal Department,
no less than one (1) year prior to February 1st of the year in which all the COUNTY
District Court judges are subject to election. PROVIDED: the CITY may only
terminate its Municipal Department at the end of a four (4) year judicial term.
b. COUNTY: The COUNTY may terminate this Agreement by providing council
for the CITY written notice at least one (1) year prior to the date of the intended
termination.
c. MUTUAL AGREEMENT: The parties may agree to terminate this Agreement
upon mutual agreement.
d. Termination of this Agreement shall not affect any case, proceeding, appeal, or
other matter pending in the Municipal Court, or in any way modify any right or
liability, civil or criminal, which may be in existence on the effective date of
termination by either the CITY or the COUNTY.
e. In the event of termination of this Agreement any and all funds owed to the
COUNTY at said termination date shall be paid by the CITY and all fines and costs
collected by the COUNTY shall be paid to the CITY. Should the amount owed be
disputed, the CITY and COUNTY agree to use the Dispute Resolution clause
hereunder.
f. In the event of the termination of this Agreement all cases filed in the CITY
Municipal Court shall be returned to the CITY.
9. APPLICABLE LAW,
This Agreement shall be governed by and construed in accordance with the laws of the State of
Washington.
10. DISPUTE RESOLUTION,
If Parties have a dispute under this Agreement, upon one of the parties formally invoking this
clause, the Parties must try to settle the dispute through good faith negotiations within 30 days.
Upon agreement by the parties, the time for good faith negotiations may be extended.
To formally invoke the dispute resolution clause, the Party wishing to invoke the clause must
serve the other Party notice via certified mail. The time for negotiations will begin three days
after the certified mail is sent.
If the Parties fail to reach a resolution at the end of the 30 days, or agreed upon time, for
negotiations, the disputed matter(s) must be submitted to mediation. The Parties must try to settle
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District Court ILA 2022 6 of 8
the dispute in good faith through mediation within a 60 day period. The partie s may agree to
extend this time for mediation. Costs related to mediation shall be mutually shared between the
Parties. If after 60 days, or the time agreed to by the Parties, forgood faith mediation the Part'
fail to reach a resolution, the Parties may proceed to litigation. les
11. JURISDICTION AND VENUE,
Any litigation arising out of this Agreement shall be submitted to the Superior Court of the State
of Washington for Kittitas County.
12. INDEMNIFICATION,
a. Each party shall indemnify and hold harmless the other, its officers, agents,
judges elected officials, appointed officials and employees from all liability, loss of
damage, including costs of defense they may suffer as a result of claims, demands,
actions, damages, costs of judgements which result from each party's own intentional
or negligent acts relating to services provided pursuant to this Agreement.
b. In the event that both the COUNTY and the CITY are negligent in a matter
arising out of the activities of the partiespursuant to this Agreement, each part shall
be liable for its contributory share of negligence for any resulting suits, actions*,
claims, liability, damages, judgments, costs and expenses including costs and
reasonable attorney's fees.
c. The CITY also agrees to fully indemnify the COUNTY and the COUNTY
District Court for any and all State and Federal audit finding(s) for activities that
occurred prior to execution of this Agreement and/or for any audit finding(s),
including costs to defend any audit operations that occurredprior to the
implementation of assumption of court services by the COUNTY District Court on
behalf of the CITY.
13. INVALIDITY,
Any provision of this Agreement which shall prove to be invalid, void or illegal shall in no way
affect, impair or invalidate any of the other provisions hereof and such other provisions shall
remain in full force and effect despite such invalidity or illegality.
Ephrata and Grant County
District Court ILA 2022 7 of 8
EXECUTED this 6��Ik day of
12022,
BOARD OF COUNTY COMMISSIONERS
GRA E�
COUNTY, WASHINGTON
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Danny -E -Sone', 00CC Cha r
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Cindy Carter., Member
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Date
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Bar Vasquez,
Date
Clerk of the Board,
CITY OF EPHRATA, WASHINGTON1.
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APPROW AS TO FORM*
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Kath Kentson, # 18076
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fty Attomey
City of Ephrata
Rebekah M. K tor, 4 53257
Deputy Prosecuting Attorney
Grant County Prosecutor's Office
F,Phrata and or -ant counky
MIStrict Court ILA 2022
Date