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AG 90-017 -. . "! 8 8 qo- /7(tt) RECEIVED MAY - 4 1995 CITY CLERKS OFFICE CITY OF FEDERAL WAY King County Executive GARY LOCKE May 3, 1995 Kenneth E. Nyberg City Manager, City of Federal Way 33530 First Way South Federal Way, WA 98003-6210 Dear Mr. Nyberg: As required by the existing Interlocal Agreement between the City of Federal Way and King County, Section 2.C., I am transmitting your District Court Filing Fees for 1996. The new fee was calculated according to the agreed upon formula for marginal cost recovery specified in the existing agreement. Your fee for 1996 is $17.65 for intractions and $63.74 for citations. The attached chart displays the 1995 and 1996 fees by court and the percentage increase. I would note that since there was no fee increase ftom 1994 to 1995, the new fee is spread over a two- year period. If you have questions or need further information about your filing fee, please feel ftee to contact Chuck Mize, Director of Metropolitan Affairs (296-4068), at your convenience. ~l- Enclosure cc: The Honorable Mary Gates, Mayor, City of Federal Way King County Councilmembers The Honorable Darcy Goodman, District Court Presiding Judge Chuck Mize, Director of Metropolitan Affairs (.: . fAA-I1-\ ;qHvrnJ~ ~ L1!f: (-) ~j, ~ r:1~~ Al~~. ,~. I1cft{plAJ!~ -HJO 1\.1:\(; COt :YfY COCRTI-IOl'SE 5Ih THIRD A VE:\l'E SEAITLE, WA 9SlO4 (ZO6)Z96.4040 296-0200" ,D ) 296.01'HF.\.\. ~,.~ King County is en Equal Opportunity/Affirmative Action Employer and complies with the Americans with Disabilities Act KING COUNTY DISTRICT COURT 1996 FILING FEES DIVISION Be lIe vue Federal Way Issaquah Northeast Renton Southwest 1995 Infraction Citation 16.48 75.36 16.65 60.13 14.06 60.13 16.30 66.99 16.35 68.53 14.95 63.29 COSTS BY CASE TYPE 1996 Change 95-96 Infraction Citation Infraction Citation 17.45 75.59 5.9% 0.3% 17.65 63.74 6.0% 6.0% 14.90 63.10 6.0% 4.9% 17.28 71.01 6.0% 6.0% 16.35 68.53 0,0% 0.0% 15,85 67.09 6.0% 6.0% Renton remains unchanged due to limited information available, City of Newcastle just now beginnning to file in this division. OFM 511/95 ,¡ " 8 8 ,8 8 qo~ 17(ú ) 8 CITY OF FEDEB;~,l- WAY C~Ó~;~E King County Executive GARY LOCKE May 3, 1995 Kenneth E. Nyberg City Manager, City of Federal Way 33530 First Way South Federal Way, WA 98003-6210 Dear Mr. Nyberg: As required by the existing Interlocal Agreement between the City of Federal Way and King County, Section 2.C., I am transmitting your District Court Filing Fees for 1996. The new fee was calculated according to the agreed upon formula for marginal cost recovery specified in the existing agreement. Your fee for 1996 is $17.65 for inftactions and $63.74 for citations. The attached chart displays the 1995 and 1996 fees by court and the percentage increase. I would note that since there was no fee increase from 1994 to 1995, the new fee is spre~d over a two- year period. If you have questions or need further information about your filing fee Chuck Mize, Director ofMetropoJitan Affairs (296-4068), at your r "\ contact ~i- ~ - ÖY1l~ rl~ fih (f1/ &í~~CJJ ~". {I ~ Enclosure cc: The Honorable Mary Gates, Mayor, CIty otl'eaeral Way King County Councilmembers The Honorable Darcy Goodman, District Court Presiding Judge Chuck Mize, Director of Metropolitan Affairs ORIGINAL Œ- : ~ fHfor~ ~~I( 400 KING COUNTY COURTHOUSE 516 THIRDA VENUE SEATJ'LE, WA 98104 (206)296-4040ffP'¿~rgO:~~ME>Rt'r9¡\3iFAX "'-""" King County IS an Equal Opportunity/Affirmative ActIOn Employer and compiles with the Americans with Disabilities Act ":,:':-::" KING COUNTY DISTRICT COURT 1996 FILING FEES DIVISION Bellevue Federal Way Issaquah Northeast Renton Southwest 1995 Infraction Citation 16.48 75.36 16.65 60.13 14.06 60.13 16.30 66.99 16.35 68.53 14.95 63.29 COSTS BY CASE TYPE 1996 Change 95-96 Infraction Citation Infraction Citation 17.45 75.59 5.9% 0.3% 17.65 63.74 6.0% 6.0% 14.90 63.10 6.0% 4.9% 17.28 71.01 6.0% 6.0% 16.35 68.53 0.0% 0.0% 15.85 67.09 6.0% 6.0% 8 Renton remains unchanged due to limited information available. City of Newcastle just now beginnning to file in this division. OFM 8 CITY OF FEDERAL WAY ~~~--5 ~~ CITY MANAGER'S OFFiCE ORIGINAL 5f1/95 c, ' CJ- r{) l\ D6 I r{) ~ () 0() , 0 cr5 t'- () ~ 1:\. ~ ] ~ .s ,~ -... .....> ~ ~\ . ALl QO..-/7ð ,8 8 INTERWCAL AGREEMENT ESTABLISIDNG FILING FEES FOR MUNICIPAL CASES FILED IN KING COUNTY DISTRICT COURT Whereas, RCW 3.62.070, as amended, provides that cities shall be charged a filing fee for every criminal or traffic infraction action filed by cities in county district courts for municipal ordinance violations, and Whereas, RCW 3.62.070, as amended, provides that such fees be established pursuant to an agreement as provided for in chapter 39.34 RCW, the Interlocal Cooperation Act, and Whereas, King County, hereafter referred to as the "County" and the City of Federal Way, hereafter referred to as the "City", desire to enter into such an agreement to, among other things, describe the municipal court services to be provided by the County, establish filing fees for municipal cases filed in District Court at a mutually acceptable rate, and provide for a mechanism to adjust the filing fees on an annual basis; BY THIS AGREEMENT, the County and the City mutually agree as follows: 1. General A. Purpose. The purpose of this Interlocal Agreement is to define the process for establishing filing fees to be paid by the City to the County for processing municipal cases filed by the City in District Court, a mechanism to adjust fees, and the court services to be provided by the County to the City. ' B. Municipal Cases and Municipal Court Services. The County ::thal! provide court services for all municipal cases filed by the City in King County District Court. The County shall provide court services to the City at the same level as the County provides for the same type of cases originating in unincorporated King County. 1. Municipal Cases. Municipal cases shall include all civil or traffic infraction actions, civil drug forfeiture actions and criminal citations/complaints filed by the City in District Court. 2. Municipal Court Services. Municipal court services include all court services imposed by state statute, court rule, City ordinance, or other regulation as now existing or as hereafter amended, except that the County and City agree to review the filing fees in the event that changes in state statute, court rule, City ordinance, or other regulation require new municipal court services not included in the filing fee formula established under this agreement or result in reductions or deletions in municipal court services provided by the County to the City. The filing ORIGINAL 8 . t 8 District Court Filing Fees Agreement: City of Federal Way fees provided in this agreement shall constitute full compensation for municipal court services currently provided by the County to the City. Municipal court services currently provided by the County to the City are: the filing, processing, adjudication, and penalty enforcement of all municipal cases filed, or to be filed, by the City in District Court, including but not limited to issuance of search and arrest warrants, procedures for establishing bail arraignments and plea hearings, pretrial motions and evidentiary hearings, discovery matters, notification and subpoenaing of witnesses and parties, bench and jury trials, presentence investigations, sentencings, post-trial motions, the duties of courts of limited jurisdiction regarding appeals, and any and all other court functions as they relate to municipal cases filed by the City in District Court. The County shall provide all necessary judicial clerical personnel to perform such services in a timely manner as required by law and court rule. C. Property. This Interlocal Agreement does not provide for the acquisition, holding or disposal of real or personal property. D. 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 Interlocal Agreement. E. Marginal Cost Formula. The filing fees are based on the application of filings and cost data into a marginal cost formula. The marginal cost formula determines the filing fee from four cost categories: 1) clerical, 2) extra judicial, 3) space, and 4) general operations and maintenance costs. The City's share of extra judicial, space and operations/maintenance costs are allocated on the percentage of municipal cases out of the total caseload. The clerical costs are allocated based on statistics collected by the District Courts which quantify time spent processing city cases. There will be no changes to the marginal cost formula or to the method of quantifying clerical time statistics without the approval of the City. A copy of the marginal cost formula applied to filings and cost data for 1994 is attached to this agreement. (1) Clerical costs are defined as the actual expenditures for any and all clerical (court clerk and clerical supervisory) positions, both pennanent and temporary, full time or part time, employed at and by the District Court division in which the municipal cases are filed. 2 ., 8 8 District Court Filing Fees Agreement: City of Federal Way (2) Extra judicial costs are defined as a division's actual expenditure for traffic magistrates employed at or by the district court division in which the municipal cases are filed. Traffic magistrates shall be used solely to hear mitigation hearings, provided that to the extent a division may choose to utilize traffic magistrates for other purposes, the actual expenditures charged to the City shall be limited to the use of the traffic magistrate for mitigation hearing purposes only. (3) Space costs are a division's actual expenditures for leased space. No additional charges are included in this contract for County owned buildings. (4) General operation and maintenance costs are defined as only those divisional expenditures for supplies and services which are affected by municipal filings, including office, copy machine and data processing supplies; banking services; postage; utilities; equipment repair; copy machine repair; other equipment rental such as postage meter rental; and printing. F. Contract Administration and Services Monitoring Committee. (1) (2) (3) This agreement shall be administered by the King County Executive or his/her designee, and the Chief Executive Officer of the City or his/her designee. A contract services monitoring committee, composed of a representative of the Chief Executive Officer of the City and a representative of the District Court Division Administration, will meet quarterly to review day to day operations, service provision and to resolve operational conflicts. The City and County shall notify the other in writing of its designated representative. Either party is authorized to convene a meeting with a minimum of ten (10) working days written notice to the other. Any operational conflict that is not resolved by the contract services monitoring committee shall be referred to the Chief Executive Officer of the City and the Presiding Judge of the District Court. 3 8 8 District Court Filing Fees Agreement: City of Federal Way 2. Filing Fees A. B. C. D. 1994 Filin~ Fees. The City agrees to pay a filing fee of $16.65 for each traffic infraction action and to pay a filing fee of $60.13 for all other actions filed in King County District Court, except as provided in Section 2.B. of this Interlocal Agreement. Provided, in cases where the b3.il or penalty is paid or forfeited as reported on the monthly District Court Caseload Report, the filing fee shall be reduced to three dollars ($3.00). If the City terminates an existing Traffic Violations Bureau or otherwise causes cases to be sent to the District Court instead of to its existing Traffic Violations Bureau, the entire basis on which this. agreement is based may be affected. Theæfore, any City which intends to terminate an existing Traffic Violations Bureau must notify the County of their intent no later than July 15 of the year preceding the termination of the Traffic Violations Bureau. Failure to notify by the time specified will result in immediate recalculation of the filing fees paid by the City. Any City which intends to implement a new Traffic Violations Bureau must notify the County of their intent no later than July 15 of the year preceding the year of the Traffic Violations Bureau change. Exceptions. This Interlocal Agreement, however, does not apply in traffic cases wherein bailor penalty is forfeited to a violations bureau, in cases filed in municipal departments established pursuant to Chapter 3.46 RCW, or in cases where a city has contracted with another city for such services pursuant to Chapter 39.34 RCW. Future Filing Fees. The future filing fees will be calculated by the Office of the King County Executive on or about May 1 of each year. The previous calendar year's actual filings and actual costs will be applied to the "Marginal Cost Formula" to determine fees to be charged by each District Court for the coming year. The County will notify the City of the calculated fees on or about May 1st. Said calculated fees shall become the filing fee for the next year, except as otherwise limited by paragraph 2.D. Future FiJjn~ Fee Limits. If the new per case filing fees calculated under Section 2.C. of this Interlocal Agreement fluctuate from the previous year's fees for their Infractions or Citations/Complaints by plus or minus 10% or greater in the District Court division used by the City, the new fees must be studied and justífied through renegotiation with all the Cities being served by that Court. If the par1ies are unable to renegotiate a new fee level by July 15, the parties agree to submit the fees to arbitration as provided by Section 3.C. of this contract. If 4 -", ,. 8 8 District Court Filing Fees Agreement: City of Federal Way 3. c. the new fees fluctuate less than 10%, the increase or decrease in fees will be capped at plus or minus 6% without re-opening negotiations. E. Renegotiation In the event renegotiation is triggered for Cities whose new fees fluctuated by 10% or more under Section 2.D., all Cities will be notified and kept informed of the progress of the renegotiation process with the affected cities. Any change in the methodology for computing one city's filing fees will be available to all cities where appropriate. Duration and Termination A. Duration. This Interlocal Agreement shall remain in full force and effect from . September 1, 1994 to December 31, 1994 and shall be renewed automatically for one-year periods commencing January 1 and ending December 31 unless either the County or City notify the other party in writing of its intent to terminate as provided in Section 3.B. of this Interlocal Agreement. B. Termination Notice. Any Notification of intent to terminate this Interlocal Agreement must be received by the other party no later than July 15th preceding the date of termination, except that in 1994 notification of intent to terminate this Interlocal Agreement must be received by the other party no later than September 1, 1994. The date of termination is the end of the last day of the calendar year in which a Termination Notice is properly tendered. Renegotiation and Arbitration. (1) If the parties are unable to renegotiate filing fees prior to July 15, and neither party desires to terminate pursuant to Section 3.B. above, the County and City agree to submit the issue to arbitration pursuant to Chapter 7.04 RCW and the County and City shall be entitled to the same. rights and subject to the same duties as other parties who have agreed to submit to arbitration pursuant to Chapter 7.04 RCW, as currently existing or as hereafter amended. (2) The renegotiation of the filing fees may also be triggered in the event of a material change in the type, level, or method of delivery of services provided by the County under this agreement. Material change is defined for the purposes of this section to mean a variation of more than ten (10) percent from the prior year in the cost categories as described in Section l.F. The County shall notify cities of its intent to implement a material change no later than September 1 of any year in order for the 5 8 , -, 8 District Court Filing Fees Agreement: City of Federal Way D. material change to be effective for the next year. Such renegotiation may take place once per year only, and must occur during the period of from September 1 through October 31 and conclude no later than October 31 for the year following. Should either party wish to terminate the contract subsèquent to the renegotiation period for these purposes, such notification of termination must be provided no later than December 1 for withdrawal no earlier than July 1 of the year following. Interim Filing Fee. If, in the event of termination or renegotiation, a new filing fee is not established by negotiation or arbitration prior to the start of the new calendar year, the most recent fee established under the terms of this Interlocal Agreement shall remain in full force and effect until a new fee is determined by negotiation or arbitration. 4. Indemnification. A. In executing this Agreement, the County does not assume liability or responsibi ~y for or in any way release the city from any liability or responsibility which arises in whole or in part from the existence or effect of City ordinances, rules or regulation, policies or procp-dures. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorneys' fees. B. The City shall indemnify, defend and hold harmless the County, its officers, agents and employees, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including costs and attorneys fees in defense thereof, for injuries, sickness or death of persons (including employees of the City), or damage to property, or the violation of any person I s civil rights, which is caused by or arises out of the City's acts, errors or omissions with respect to the subject matter of this agreement, provided, however, that (1) the City's obligation to indemnify, defend and hold harmless shall not extend to injuries, sickness, death, damage or civil rights violations caused by or resulting from the sole actions or negligence of the County, its officers, agents or employees; and 6 .' 8 8 District Court Filing Fees Agreement: City of Federal Way D. (2) the City's obligation to indemnify, defend and hold harmless for injuries, sickness, death, damage or civil rights violations caused by or resulting from the concurrent actions or negligence of the City and the County shall apply only to the extent that the City's actions or negligence caused or contributed thereto. The County shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, including costs and attorneys fees in defense thereof, for injuries, sickness or death of persons (including employees of the County), or damage to property, or the violation of any person's civil rights, which is caused by or arises out of the County's acts, errors or omissions with respect to the subject matter of this agreement, provided, however, that C. (1) (2) the County's obligation to indemnify, defend and hold harmless shall not extend to injuries, sickness, death, damage or civil rights violations caused by or resulting from the sole actions or negligence of the City, its officers, agents or employees; and the County's obligation to indemnify, defend and hold harmless for injuries, sickness, death, damage or civil rights violations caused by or resulting from the concurrent actions or negligence of the County and the City shall apply only to the extent that the County's actions or negligence caused or contributed thereto. 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 the City a County employee 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 accorded County employees by virtue of their employment. Nothing in this agreement shall make any employee of the County a City employee 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 accorded City employees by virtue of their employment. At all times pertinent hereto, employees of the County are acting as County employees and employees of the City are acting as City employees. 7 8 8 " District Court Filing F~ Agreement: City of Federal Way 5. Survival, The provisions of Sections 3.D and 4 shall survive the expiration and termination of this agreement with respect to any event occurring prior to such expiration or termination, 6. Notice. Any notice or other communication given hereunder shall be deemed sufficient, if in writing and delivered personally to the addressee; or sent by certified or registered mail, return receipt requested, addressed as follows, or to such other address as may be designed by the addressee by written notice to the other party: To County: King County Executive Room 400, King County Courthouse 516 Third Avenue Seattle, Washington 98104 To City: City Manager, City of Federal Way 33530 First Way South Federal Way, W A 98003 8 8 8 ~'.. District Court Filing Fees Agreement: City of Federal Way 7. $uccessors. This Interlocal Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their successor, and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement. City of Federal Way ~~....~ ", ' -? ~ ~ ,"~~" ..,c"','" Chief Executive OfficeV - " Date Approved as to Form ~/->~'~ ¡--/-fy , ..~j,--~ -7~ " Date Approved as to Form King County Deputy Prosecuting Attorney ~ ~~;;':" ~~~ ,JCity Attorney /1[17 /Ub fj" . ",7 c¡ I Ie - {;/ Date Date Date Attachment: Application of Marginal Cost Formula for 1994 H: 1M lWDC INfE RL. DOC JWle3O.1994 9 2 3 4 5 6 4x6 1 x 2 5 x 6 1 x 3 FINAL 1994 UPDATED DISTRICT COURT MUNICIPAL FEES.,. Auke8 Bellevue Fed Way Issaqt.8, Northeast So~thwest FTEs Expenses FTEs A vg $/FTE Bod ies Benefits Health 3,780 113,400 Insurance 110 3,300 Soc. Sec 7.65% 50,407 Retirmnt 7.94% 52,318 TOTAL, 219,425 Average per FTE 8,388 Total Avg per FfE $33~76. ' MUNICIPAL CLERICAL Infraction Citation FILINGS - MUNICIPAL Total Infractions Less Forfeit. Net Infractions , , % of Net Total . Total Citations Less Forfeit. Net Citations' % of Net Total FILINGS - TOTAL Total Less Forfeiture Net Total Filings . MISCELLANEOUS Mag. & Traffic Gp. & Maint. Extra Help Space Total Misc. SUMMARY COSTS INFRACTIONS Misce]]aneous Clerical TOTAL /I of Infractions Infraction Fee CITATIONS Miscellaneous Clerical TOTAL /I of Citations . Citation Fee OFM :o:\courts\ccourts3 $658,913 26.16 25,188 30 1.80 6.43 6,967 919 .. 6,048. . 30.59%: 3,383 216 3,167 16.02% 26,254 6,480 19,774 17,750 105,965 5,091 0 128,806.' 39,396 60,437 $99,833 6,048., $16.51 20,630 215,894 $236,524 3,167 $74.68 $596,749 23.50 . 25,394 25 $452,152 19.00 23,797 21 $331,196 13.00 25,477 13 $715,555 29. ()() 24,674 31 94,500 79,380 49,140 2,750 2,310 1,430 45,652 34,589 25,337 47,383 35,900 26,297 190,285 152,179 102,204 8,097 8,009 7 862 . '$j3)i9i:;;:::.'¡:;"-;';f;?$3i.s"Ó6::.;;.;:,i::::D:?;S33:339' $477 ,426 20.00 23,871 23 86,940 2,530 , 36,523 37,907 163,900 ,~.!.J.~,~,. $32"066 . ." , .. 0.08 0.28 354 106 248 ':;"'6:98%' 163 10 153 . ,.,.. ,..,.. .. ;.'. Ö.6C> % 36,661 11,336 25,325 11,195 4,360 75,961 45,359 17 ,089 13.,777 .';"îõ4~24 ~\i;,(i';i'.f[ ~~:~Ìl,.. 23,760 7,378 96,956 93,166 23,651 16,016 ::..\.:j44;3.~~..,)..:.;,:-;.......,ji.6 ~'$g~'" 17,371 170,162 $187,533 '. 3,119" $60.13",: 4,486 22,514 19,337 300,647 $23,823 . $323,161 ..,'.'... .,347.,....,,----- ..4,~.~"4,.. :< ::::$68;65,)'::> $66;99 ,.'. 97,520 34,047 6,697 42,214 1,141 224,055 67,747 5,001 105,226 2,565 $321,575 $101,794 $11,698 $147,440 $3,706 :.":...~ ~ 6~~.::i:::.:j:i':,\').$~ 6~'~~'-t.:':-'i/:';'5.;$2t'~'~',:;'.;:'i.1:r;t:?':Sr 6~8.'..:;ç,:;".~$í 4~§~" 6.69 8.61 20,365 856, ",.,.,.;,'.(A~5~~','H:--;.~/'; 4,524 426 4 098 -- ..,..',., ". "'::.' 12.93%.. 33,553 1,860 31,693 14,182 98,674 16,662 . .' 28,907.. ".. . 158425':' .., ,----.. 20,485 288,358 $308,843 4,098 $75.36 117,180 3,410 54,739 56,814 232,144 8,005 $32,679 2.13 5.35 0.15 0.58 3.22 9.20 9,062 619 9,641 2,949 101 596 :.32 ~6~~?:.::n::"::i:.'.:::':.:::::.3.:5~ 1~';':"";".""21.2O¡~:",\ 3,281 364 5,063 162 17 239 ..'. ~,~J~"."",....."...,347..:.,:..".",..."4,8,f4,, .'. 16;66%:T'::::,.,.;~.41%:>'.:i.:""'15,59%"'.' .. .. 28,012 9,295 18,717 22,653 8,242 14,411 40,294 9,361 30,933 704 8,978 $9,682 153 $63.28 06/07/93 , ,~, . 8 ~ {!/f(; 9¿J -/ 7 ~ . . .. INTERLOCAL AGREEMENT ESTABLISHING DISTRICT COURT FILING FEES FOR CERTAIN CRIMINAL AND TRAFFIC INFRACTION ACTIONS Federal Way Whereas, RCW 3.62.070, as amended by Chapter 129, Laws of 1979, 1st Ex. Sess., by Chapter 128, laws of 1980, 1st Reg. Sess., and by Chapter 258, Laws of 1984, 1st Reg. Sess., requires King County (hereafter called the "County") , and the City of Federal Way (hereinafter called "City") , to enter into an agreement establishing a filing fee to be paid in certain criminal or traffic infraction actions filed in district court for ordinance violations, and, Whereas, King County and the City are desirous of establishing a filing fee in such cases at a mutually acceptable rate, therefore; BY THIS AGREEMENT, the County and City mutually agree to the establishment of certain filing fees as follows: Section 1: General 1.1 Purpose. The purpose of this Interlocal Agreement is to define a process for establishing filing fees to be paid by the City to the County for processing the City ordinance violation cases in district court. 1.2 Administration. King County. 1.3 Property. This Interlocal Agreement does not provide for the acquisition, holding Or disposal of real or personal property. This Interlocal Agreement shall be administered by 1.4 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 Interlocal Agreement. 1.5 Cost Formula. The cost formula is documented on the fee schedule (Attachment A) which supports the filing fees agreed to in this contract. Section 2: Filing Fees 2.1 1990 Filing Fees. The City agrees to pay a filing fee of $ 16.29 for each traffic infraction and to pay a filing fee of $ 47.98 for each citation/ complaint as reported during 1990 on the monthly District Court Caseload Report for violation of any City ordinance, except as provided in Section 2.2 of this Interlocal Agreement. Provided, in cases where the bailor penalty is paid or forfeited as reported on the monthly District Court Caseload Report, the filing fee shall be reduced to three dollars ($3.00). Page 1 ORIGINAL 8 8 .' Federal Way Interlocal Agreement: District Courts January 1990 2.2 Exceptions. This Interlocal Agreement, however, does not apply in traffic cases wherein bailor penalty is forfeited to a violations bureau, in cases filed in municipal departments established pursuant to Chapter 3.46 RCW, or in cases where a city has contracted with another city for such services pursuant to Chapter 39.34 RCW. Section 3: Duration and Termination 3.1 Duration. This Interlocal Agreement shall remain in full force and effect from February 28, 1990 to December 31, 1990 and shall be renewed automatically for one-year periods commencing January 1 and ending December 31 unless either the County or City notify the other party in writing of its intent to terminate as provided in Section 3.2 of this Interlocal Agreement. 3.2 Termination Notice. Any notification of intent to terminate this Interlocal Agreement must be received by the other part no later than July 15th preceding the date of termination. The date of termination is end of the last day of the calendar year in which a Termination Notice is properly tendered. 3.3 ~~~i~~io~r:n~n~~~~~r~~~~n~n~h~h:i~:~ii:~e:9~~~ i~r~~g~~~~~ei~odifi- cations to such filing fees during 1990; if the parties are unable to renegotiate filing fees prior to July 15, 1990, either party may notify the other of its intent to terminate pursuant to Section 3.2 above and the County and City agree to submit the issue to arbitration pursuant to Chapter 7.04 RCW and the County and City shall be entitled to the same rights and subject to the same duties as other parties who have agreed to submit to arbitration pursuant to Chapter 7.04 RCW. In the event that such issue is submitted to arbitration, the arbitrator or arbitrators shall only consider those additional costs borne by the County in providing district court services to the City. 3.4 Interim Filing Fee. If, in the event of termination or renegotiation, a new filing fee is not established by negotiation or arbitration prior to the start of the new calendar year, the most recent fee established under the terms of this Interlocal Agreement shall remain in full force and effect until a new fee is determined by negotiation or arbitration. Section 4: Notice Any notice or other communication given hereunder shall be deemed sufficient, if in writing and delivered personally to the addressee; or sent by certified or registered mail, return receipt requested, addressed as follows, or to such other address as may be designed by the addressee by written notice to the other party: Page 2 8 8 "'. Federal Way Interlocal Agreement: District Courts January 1990 To County: King County Executive Room 400, King County Courthouse Seattle, Washington 98104 To City: Mayor, City of Federal Way Section 5: Successors This Interlocal Agreement shall be binding upon and shall inure to the ben- efit of the parties hereto, their successor, and assigns. ACCEPTED AND APPROVED: ::~G~:,~~ CITY OF FEDERAL WAY /"-- /" By: /~~~ 77/¡Þ£¿ . T it 1 e /;'><, .;::/;7) ¿ f:¡ / ) ;/ .:;' /_--:h'/'/ " This .)7'<day of hln";;i,J-> ,/, )"" ), - / " .. ,', ,,' ." ..' Title: County Executive This (~11h day {\ -Pl~~, 199Ó . 199~. Approved as to form: Attorney (i ? n 9/) ./---/-/(, Date TH:JC:jwr Budget Division JC Disk:K.3/.1 1/90 Page 3 . 8 8 , ". . ATTACHMENT A 1990 District Court Filing Fee Based on 1987 Actual Data For 1990 Fee Payments Federal Way District Court Intraction Fee Citati on Fee 16.29 47.98 Filing Fee = Clerical + (Y% x Space + Ex. Judicial + O&M) Net Filings 1. Clerical = Avg. Clerk Salary x # of Clerks $111,274 $195,525 = $26,561 $26,561 x x 4.19 7.36 Infraction Citation = 2. Extra Judicial = $13,714 Traffic Magistrate Traffic Control Clerk $ 9,932 3,782 Total Extra Judicial ~ 3. Space = Area of Shared Responsibility x Rent-Structures Total District Court Square Feet Space = $0.00 4. O&M = Operations & Maintenance Costs = $53,450 1987 Actual Supplies Postage/Utilities/Rents Telecommunications Equipment Lease $ 8,856 32,380 12,182 32 ~ 1951H/BT/rr(01-03-89) -1- ..'~,,~..,. . . 8 .. 1990 District Court Filing Fee Based on 1987 Actual Data (Continued) 5. Y% = % Net Filings (Infractions) & (Citations) Net Percent 1987 Fil i ngs Net Filings (Filings minus Forfeitures) Net Infractions Net Citations 23,774 14,160 9,638 4,522 1.0 .681 .319 F edera 1 Way Fil i ng Fee $ Y% Infractions Y% Citations Clerical $111,274 $195,525 Ex. Judicial $13,714 .681 9,334 x .319 = 4,380 Space 0 x .681 0 x .319 = 0 O&t~ 53,450 x .681 36,381 x .319 = 17 ,069 Total Cost/ $156,989 $216,974 Net Fil i ngs 9,638 4,522 Filing Fee Calculation $ 16.29 $ 47.98 1951H/BT/rr(01-03-89) -2- _~(-9ó -- ~aJ~/ ~ .,yd ~~/ ~S 70-:5/ o¡f/J ,fO- d;P ~~, -t1éf/L£( Aß. tJ¿1J 7'D ~ - - -' c¡o - (J 7 /~ /:5 /cr /5- !rP ., ",ffll"!!}. (f? ! )7- /--7 Ie¡ dl cP:5 c=:;;s- c9~ ~::.< ,;, ,. " ;. ... FEDERAL WAY CITY~UNCIL ~SPECIAL MEETING'" 1/23/90 8 QLD BUSINESS COMMITTEE REPORTS (cont.) Land Use & Trans- portation Committee Vesting Status of Projects in Process Human Serv ice s Committee to meet with Parks & Ree. Committee, 2/7/90 at 7:30 a.m. Budget Committee Meeting 1/25/90 7:30 a.m. Budget Adoption set for 2/6/90 Human Services . C omm it tee - No Meeting 2/1/90 Will meet 2/7/90 Eu bl i-c Serv ic e s Comm it t ee 8 Interlocal Agreements completed Meeting at 7:00 a.m. due to AWC meeting 1. Campus Crest Multi-Family Project, South side of Campus Way~ 2~ Campus Highlands Multi-Family Project, South side of Campus Way. 3.Kits'Corner Apartments, 356th/Enchanted Parkway 4. Campus Park Business Plat 5. Palisades Plaza, 320th and Hoyt Road Report baek to Council was requested. Funding for consultant to continue under present budgetary allocation. Cóürt¿il~ari Màtks.£àlI¿d attention to development at 7th and 323rd near wetlands area, much concern by residents of that area expressed. (Campus Ridge) This not under review at present but may be considered as study proceeds. PENDING MOTION CARRIED TO RETAIN CONSULTANT AND INVESTIGATE VESTING STATUS. Councilmember Templeton, Chairman of the Human Services Committee, reported joint meeting on 2/7/90 at 7:30 a.m. with the Parks & Recreation Committee to discuss vision for the future Senior Center, Yvonne Sullivan, Director of the center to be present. Also, a Draft Inter- local Agreement with the Community Development Block Grant Office of King County is approved and ready for execution by the City Manager. The Committee plans include a Citizens Advisory Committee. Councilmember Gates, Chairman of the Budget, Finance and Insurance Committee, announced a meeting on Thursday, January 25, at 7:30 a.m. to review council committee and public budget requests. Budget adoption set for 2/{3/90. The committee will also review an Ordinance creating budgetary funds. It was noted the gambling taxation ordinance does not create new tax but transfers funds colle~tedby King County to Federal Way. Councilmember Templeton, Chairman, Human Services Committee, announced regular meeting of 2/1/90 cancelled and 2/7/90 meeting, 7:30am set in lieu thereof. Counci1member Marks, Chairman, Public Se~vices Committee, reported eight Interlocal Agreements have been approved with King County, City Manager Locke commended for tr~mendous effo~ts in correlating the contract documents. Meet£ng was set for 1/26/90 at };OO a.m. to discuss Public Works and Police Contracts. -ul1- 8 FEDERAL WAY CITY COUNCIL SPECIAL MEETING 1/23/90 .. OLD BUSINESS COMMITTEE REPORTS (cont.) Public Services .. Committee - Inter- local Agreements with King County pe.rsQnne:l a,na :Pac i:l it 1e-s C~mll\ittee:- Meeting 1/24/90,7:30 a.m. Salary Schedule and Or~anizationa1 Chart completed Larger facility needed to house personnel Parks, Recreation and Cultural Arts Committee - Meeting 2/7/90, 7:30 a.m. re Sr. Center Program- also acquisition of airport property Open Space Projects 363rd Project Hylebos wetlands Spring Valley Ade1aide/Lakoda Beach Properties 8 Counci1member Marks, Chairman, Public Services Committee submitted Inter~ . local Agreements ready for execution. MOVED BY MARKS, SECONDED BY TEMP1.ETON, TO AUTHORIZE CITY MANAGER AL LOCKE TO ENTER INTO I)¡!F:EilLeCÂLGONTtlA'~A.GRE!MENTS'" WITH KING COUNTY AS FOLLOWS: (I) Health Services (2 )" Federal Way Distrie t Ceu_"i~clud1ng Vi-olat:f::ons Bu'1ieau, (3) jail Services, (4) Commun it y Develop-men t Blec k Grant Serv ic e s, .(5) Solia Waste Services, (6) Animal Control, (}) Taxi Licensing and (81 Security Guard 1.icensing. MOTION CARRIED. Councilmember Stead, Chairman of the Per- sonnel and Facilities Committee, reported the committee has firmed up the salary schedule and organizational chart and will meet again on 1/24/90 at 7!30 a.m~ to look at additional facilities that may be required in view of projections that the present facility will not accommodate staff within the next 1-3 months. Alternatives will be explored with report back to council. Councilmember Webster, Chairman of thsParks, Recreation and Cultural Arts Committee, announced meeting 2/7/90 ab 7:30 a.m. witti the Human Services Committee to discuss the Senior Citizen Center Program and potential ways to acquire property known as the Evergreen Airport property, for public use. Chairman Webster advised that King County has five projects resulting from the Open Space Bond Issue. One is the 363rd project being acquired by the staff of Open Space Office per our request; the two projects relatin~ to the Hylebos wetlands are going to be acquired by the Washington State Parks and Recreation staff as soon as the legal documents are completed leg~ing to additional projects, Spring Valley and Adelaide/Lakota which are the responsibility of the City. MOVED BY WEBSTER, SECONDED BY HANDMACHER, THE CITY ADMINISTRATION BE AUTHORIZED TO EXPEND UP TO $15,000.00 FROM. THE COUNCIL CONTINGENCY "FOR TITLE REPORTS AND APPRAISALS ON THOSE TWO PROPERTIES KNOWN AS ADELAIDE- LAKOTA PROJECTS. CARRIED. (Bond issue will reimburse the City.) -' '1 ~