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Lynnwood Interlocal Agreement for Use of Edmonds Municipal Court for Video Hearings1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LYNNWOOD AND THE CITY OF EDMONDS RELATING TO LYNNWOOD'S USE OF THE EDMONDS MUNICIPAL COURT FOR VIDEO HEARINGS This AGREEMENT between the City of Lynnwood, a Washington municipal corporation ("Lynnwood"), and the City of Edmonds, a Washington municipal corporation ("Edmonds") (collectively the "Cities" or the "Parties"), is dated this _W4 day of12010. Whereas, Lynnwood operates a municipal court established pursuant to Chapter 3.50 RCW; Whereas, Edmonds maintains courtroom facilities which Edmonds is willing to make available for Lynnwood's use to conduct video hearings on criminal matters pending in Lynnwood's municipal court; Whereas, Lynnwood's use of the Edmonds' municipal court will provide Lynnwood with additional case capacity and will help reduce costs and security issues relating to the transportation of defendants between the Lynnwood municipal court and the Snohomish County Jail; Whereas, the Cities desire to enter into an interlocal agreement to set for the terms and conditions relating to Lynnwood's use of Edmonds' municipal court facilities; and Whereas, this interlocal agreement has been entered into by the Parties pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW; Now, therefore, Lynnwood and Edmonds have entered into this interlocal agreement in consideration of the mutual benefits to be derived under the Agreement. AGREEMENT Section 1. Purpose. The purpose of this Agreement is to provide for Lynnwood's use of Edmonds' municipal court facilities located at 250 5 h Avenue No., Edmonds, Washington (referred to herein as the "Court Facilities") in order to hold video hearings of criminal matters pending in Lynnwood's municipal court. It is the intent of the Parties that Lynnwood's matters will be heard immediately following the conclusion of Edmonds' criminal matters. The anticipated schedule for Lynnwood's use of the Court Facilities will be as follows: Mondays at 3:30 to 4:30 PM and Thursdays at 9:30 AM to 10:30 AM. Section 2. Appointment of Judge Pro Tems. In order to facilitate Lynnwood's use of the Court Facilities, pursuant to RCW 3.50.090 the Presiding Judge of the Lynnwood municipal court will appoint all Edmonds municipal court judges as 396016.02136009910005 -1- 47 the Lynnwood municipal court so that they may lawfully preside over Lynnwood matters 48 at the Court Facilities as may be necessary for the efficient handling of Lynnwood's 49 criminal matters. The appointment process shall be in accordance with all of the 50 requirements of RCW 3.50.090. Lynnwood and Edmonds agree that Judge Douglas J. 51 Fair will serve as the primary Judge Pro Tem to hear Lynnwood matters. In the event 52 Judge Fair is unavailable to hear Lynnwood matters, another Judge Pro Tem will preside 53 over Lynnwood's matters. 54 55 Section 3. Payment Responsibility for Lynnwood Judge Pro Tems. Judge Pro Tems 56 appointed to hear Lynnwood matters shall each individually invoice Lynnwood for the 57 actual time spent preparing for and hearing Lynnwood matters. Invoices shall be 58 provided to Lynnwood on a monthly basis. The hourly rates for the Judge Pro Tems 59 approved under this Agreement are set forth in Exhibit A attached hereto and 60 incorporated herein by this reference. These rates may be reviewed on an annual basis. 61 Any amendments to the rates shall be made by written agreement of the Parties. Invoices 62 shall be in a form and contain information required by the Lynnwood Municipal Court. 63 Lynnwood shall pay undisputed invoices within thirty (30) days after receipt. 64 65 Section 4. Cost Reimbursement for Court Facilities. In consideration of Lynnwood's use 66 of Edmonds' Court Facilities, Lynnwood agrees to pay the amount of seven hundred fifty 67 and No/100 Dollars ($_750.00) per year which the Parties agree is a fair and reasonable 68 share of the long term replacement costs of furniture, fixtures and equipment that will be 69 used by Lynnwood under the terns of this Agreement. Payment of this amount shall be 70 made by Lynnwood on the 1011 of January of each year during the term of this 71 Agreement. In addition, Lynnwood agrees to reimburse Edmonds for the reasonable 72 attorney's fees incurred by Edmonds in the review and approval of this Agreement. 73 Edmonds shall provide Lynnwood with an invoice requesting reimbursement of its 74 attorney's fees. Except as otherwise provided herein, no other payments shall be required 75 for Lynnwood's use of the Court Facilities. 76 77 Section 5. Court Staffing and Security. 78 79 a. Lynnwood will be responsible for providing its own court administrative 80 personnel to staff the Lynnwood calendar at the Court Facilities. Personnel provided by 81 Lynnwood shall be employees of Lynnwood and all wages, benefits and costs of such 82 employees will be borne by Lynnwood. Nothing in this Agreement shall be interpreted 83 to create any employment relationship or status between Edmonds and the Lynnwood 84 court personnel. 85 86 b. Lynnwood will be responsible for covering a fair share of the cost of the court 87 bailiff and any security officers that may be utilized during Lynnwood's use of the Court 88 Facilities. The specific costs associated with the use of the court bailiff and security 89 officers will be the subject of future negotiations between Lynnwood and Snohomish 90 County and Lynnwood and Edmonds and will be set forth in separate agreements. The 91 Parties acknowledge that Snohomish County and Edmonds will bill Lynnwood directly 92 for any costs associated with the use of the court bailiff and security officers and that 396016.02136009910005 -2- 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 III 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 Lynnwood will make its payments directly to Snohomish County or Edmonds, as applicable. Section 6. Approval by ynnwood Prosecuting Attorney and Public Defender. The Cities understand and acknowledge that this Agreement is conditioned on the approval of the Lynnwood prosecuting attorney and the public defender to hold hearings at the Edmonds Municipal Court. Section 7. Governing Law and Venue. This Agreement shall be interpreted and construed according to the laws of the State of Washington. The headings of sections of this Agreement are for convenience or reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections. Any judicial action to enforce this Agreement shall be brought in Snohomish County, Washington. Section 8. Notice. Any notice to be given, or document to be delivered by either party to the other, shall be delivered in person, or by fax or electronic transmission followed by regular first class mail, addressed to Lynnwood or Edmonds at the following addresses: Lynnwood: Attn: Finance Director City of Lynnwood 19100 44`h Ave W. Lynnwood, WA 98036 Edmonds: Attn: City Clerk City of Edmonds 121 51h Avenue No. Edmonds, WA 98020 Either party may, by written notice to the other, designate a different address or designee. Section 9. Liability and Indemnification. Each party shall be solely responsible for the acts or failure to act of its employees occurring during or arising in any way out of the performance of this Agreement, and shall release, defend and indemnify the other party, its officers and employees, with respect to all claims, losses, expenses and damages incurred as a result of the party's acts or omissions related to the performance of this Agreement. Section 10. Term and Termination. This Agreement shall take effect on the last date approved by both Parties and shall remain in effect indefinitely. This Agreement may be terminated by either party upon sixty ( 60 ) days' written notice. Section 11. Entire Agreement. This Agreement constitutes the entire agreement between the Parties, and shall supersede, modify, and/or rescind all prior written or oral understandings and agreements between the Parties. This Agreement may be amended only by written agreement signed by the parties. If any provision or any portion thereof 396016.02136009910005 -3- 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 in this Agreement is held to be unlawful, invalid or unenforceable, such provision shall be severable from this Agreement and the remainder of this Agreement shall continue and remain in full force and effect. Section 12. Interlocal Agreement Requirements. Pursuant to RCW 39.34.040, Lynnwood shall record this Agreement with the Snohomish County Auditor after execution, or alternatively, shall list the Agreement by subject on its website. IN WITNESS WHEREOF, the parties have signed this Agreement, effective on the latest Date ATTEST: Patrick L. Dugan, Inte ' inance Director Approved as to form: Office of the City Attorney Attorney for the City of Lyn [wood 396016.02136009910005 -4- CITY OF EDMONDS By(6-t�— _ c@WQ*' N#Yor Date '9" 026 - J--0 /O ATTEST: &e-e' andra S. Chase, . Edmonds City Clerk Approved as to form: Office of W. Scott Snyder Attorney for the City of