ORDINANCE NO. 411

AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF WILKESON AND THE TOWN OF SOUTH PRAIRIE FOR POLICE, MUNICIPAL COURT AND PROSECUTION SERVICES.

Whereas, the Towns of Wilkeson and South Prairie have entered into an Interlocal Agreement for police, municipal court and prosecution services, and Whereas, that agreement has been continuing over the years, and

Whereas, both towns desire to continue the relationship which allows both towns to economically provide police, municipal court and prosecution services which would be extremely more costly if each town proceeded independently, and

Whereas, police, municipal court and prosecution services are necessary for public health, safety and welfare.

Now, therefore, the Town Council of the Town of South Prairie, Pierce County, Washington do ordain as follows:

Section 1: The Mayor and Town Clerk are authorized to execute an Interlocal Agreement between the Town of Wilkeson and the Town of South Prairie for police, municipal court, and prosecution services, which Agreement is attached hereto and incorporated by reference as "Exhibit 1" as if set out in full.

Section 2: If any provision of this ordinance, or Agreement attached hereto, is determined to be invalid or unenforceable for any reason, the remaining provisions of this ordinance and/or the attached Agreement shall remain in force and affect.

Section 3: This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as required by law.

Mayor Layne Ross

INTRODUCED: 5/1/01

PASSED: 5/1/01

APPROVED: 5-1-01

PUBLISHED: 5-9-01

Attested:

Marla Nevill

Town Clerk

Approved as to form:

Michael J. Reynolds Town Attorney

INTERLOCAL AGREEMENT BETWEEN
TOWN OF WILKESON AND TOWN OF SOUTH PRAIRIE
FOR POLICE, MUNICIPAL COURT AND PROSECUTION SERVICES

THIS AGREEMENT made and entered into this 1^stday of June, 2001, by and between the Town of Wilkeson, hereinafter referred to as "Wilkeson", and the Town of South Prairie, hereinafter referred to as "South Prairie", both located in Pierce County, Washington.

Whereas, both parties have the consent of their respective councils to enter into this Interlocal Agreement as provided under the laws of the State of Washington, and

Whereas, Wilkeson has been providing police officers, municipal court and the prosecuting attorney to South Prairie, and

Whereas, South Prairie desires to continue to have Wilkeson provide the above services, and

Whereas, the past relationship has indicated that it is economically effective and efficient to have one town provide the police department, municipal court and prosecuting attorney, and

Whereas, because of the short geographic distance between the towns, South Prairie has found the police department, prosecuting attorney and municipal court to be responsive and convenient and the providing of those service by Wilkeson is more cost effective to South Prairie than having its own duplicated services, and

Whereas, it is in the best interest of the citizens of both towns to continue this efficient and effective relationship to promote public health, safety and welfare, and

Whereas, the Town Clerk of the Town of Wilkeson agrees to transmit a copy of this

agreement to the Municipal Research and Service Center, Legal Department for

independent review since Wilkeson and South Prairie both have the same Town Attorney. Now, therefore, based upon mutual covenants to be derived the parties agree as

follows:

1. Services to be Provided:_, Wilkeson agrees to provide South Prairie police services which shall consist of a patrol car on duty for 100 hours per month. The hours of service provided shall be at the discretion of the Wilkeson Police Department.

2. Compensation:_, South Prairie shall pay to Wilkeson the sum of $1,834.00 for the services up to one hundred (100) hours per month, the said monthly fee being due and payable in advance of the month's service. Authorization to pay shall be processed at the first Council meeting of South Prairie following the month of the service and warrant issued to Wilkeson after proper authorization by the Town Council of South Prairie.

3. Additional Compensation: In addition to the compensation described in paragraph 2 above, South Prairie agrees to pay to Wilkeson those amounts for defendants of South Prairie for jail fees and jury trials. Requests shall additionally be made to the Court to provide community service time to the Town of South Prairie for South Prairie violators, in lieu of fines and forfeitures at no costs to the Town of South Prairie.

In the event a South Prairie defendant incurs medical expenses which would have been the responsibility of the arresting police department or detention facility,

the cost of such medical expenses, uncovered by any insurance, shall be paid by South Prairie or South Prairie agrees to reimburse Wilkeson if Wilkeson has paid such medical expenses. In its request for reimbursement, Wilkeson shall provide to South Prairie an itemized invoice.

4. Municipal Court Services: Wilkeson shall provide municipal court services to process infractions and/or violations issued by the police department for matters involving the jurisdiction of South Prairie. South Prairie shall take necessary action to appoint municipal court judge of Wilkeson to be the municipal court judge for the judge of South Prairie. Request shall be made that the court provide community service time to the Town of South Prairie in lieu of fines and forfeitures at no -additional costs to the Town of South Prairie.

5. Prosecuting Attorney: The prosecuting attorney of Wilkeson shall serve as the prosecuting attorney for all cases brought under the jurisdiction of South Prairie. The Town of South Prairie hereby appoints the Wilkeson prosecuting attorney to be the prosecuting attorney for matters involving the jurisdiction of South Prairie.

6. Insurance: South Prairie shall carry insurance for all claims resulting from police, municipal court or prosecution, and agrees to indemnify and hold harmless Wilkeson from any and all claims involving matters in the jurisdiction of South Prairie. The amount of insurance shall be equal to or greater than the insurance carried by Wilkeson for the same type of events. South Prairie shall provide proof of insurance to Wilkeson through the Town Clerk. South Prairie agrees to instruct its insurance agent to provide notice to Wilkeson in the event there are any

Whereas, the Town Clerk of the Town of Wilkeson agrees to transmit a copy of this agreement to the Municipal Research and Service Center, Legal Department for independent review since Wilkeson and South Prairie both have the same Town Attorney.

Now, therefore, based upon mutual covenants to be derived the parties agree as follows:

1. Services to be Provided: Wilkeson agrees to provide South Prairie police services which shall consist of a patrol car on duty for 100 hours per month. The hours of service provided shall be at the discretion of the Wilkeson Police Department.

In the event a South Prairie defendant incurs medical expenses which would have been the responsibility of the arresting police department or detention facility,

changes in status of its policy. Indemnification and hold harmless by South Prairie shall include all of Wilkeson's reasonable attorney fees and costs.

7. Appointment of Police Officers: South Prairie hereby appoints the police officers individually of the Town of Wilkeson to be commissioned police officers in the Town of South Prairie.

8. Compensation Received from Fines and Forfeitures: All fines and forfeitures received for any matters involving the jurisdiction of South Prairie shall be kept by Wilkeson which shall include but not be limited to infractions, violations of law of any type, any seizures of assets resulting from narcotic enforcement activities or DWI convictions. Provided, however, in the case of seizure of any real property, including buildings and structures thereon, located in South Prairie, then in that event, South Prairie shall retain the right of title or final disposition to such real property assets net of police, prosecution and court costs of such narcotic drug enforcement activities or related seizure activities or DUI subject to Washington State law on seizure of motor vehicles.

9. Effective Date and Termination of this Agreement: This agreement and any addendum thereon shall be effective as of the 1st of June, 2001 and shall terminate on May 31, 2002 if either party provides written notice to the other party prior to May 31, 2002. If no notice is provided, this agreement shall continue and be reviewed automatically each year except as modified in the budget of each Town. If the agreement is automatically renewed, either party still retains the right to terminate by giving the other party thirty (30) days written notice.

10. Time is of the Essence of this Agreement

11. Jurisdiction: My dispute arising under this agreement shall be resolved by Pierce County Superior Court. The prevailing party shall be awarded its reasonable attorney fees and costs.

12. Concurrencyf State Auditor's Office: Town Clerk of each jurisdiction shall forward a copy of this agreement to the State Auditor's regional office for the State Auditor's information and concurrence with regard to the financial arrangements set forth in this agreement.

13. Council Approval: Each Town shall receive the approval of this agreement by its Council in a public meeting.

14. Criminal Justice Funding: In the event either party desires to undertake any purchase of special police equipment or apply for utilizing funding under the State Criminal Justice funds, each time will advise the other of such purchase or property or application and use of funds.

Dated this 15 day of June, 2001.