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AN INTERLOCAL AGREEMENT BETWEEN THE PORT OF SEATTLE, AND THE
CITY OF SEATAC FOR THE PROVISION OF MUNICIPAL COURT AND
PROSECUTORIAL SERVICES. 

THIS INTERLOCAL AGREEMENT, ("Agreement") is made and entered into pursuant to the
Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on this _____
day of _____, 2021, by and between the PORT OF SEATTLE ("Port"), a Washington municipal
corporation and the CITY OF SEATAC ("City"), a Washington municipal corporation, 
collectively referred to herein as the "Parties." 
WHEREAS, the City is a municipal corporation organized under the laws of the State of
Washington; and 
WHEREAS, SeaTac Municipal Court pursuant to 3.50.020 RCW has exclusive original
jurisdiction over traffic infractions arising under city ordinances and exclusive original criminal
jurisdiction of all violations of ordinances duly adopted by the City and shall have original
jurisdiction of all of all other actions brought to enforce or recover license penalties or forfeitures
declared or given by such ordinances or by state statutes; and 
WHEREAS, the Port owns and operates Seattle-Tacoma International Airport and owns other
real property located within the boundaries of the City; and 
WHEREAS, the City has the capacity to provide municipal court and prosecutorial services, and
all related services to the Port in a manner beneficial to both parties, and the Port desires to use
these services; and 
WHEREAS, the Port and the City wish to cooperate and enter into this Agreement for the
orderly and efficient processing of all misdemeanor and traffic violations occurring within the
jurisdiction of the Port which shall rightly be adjudicated within the jurisdiction of the City's
municipal court; and 
WHEREAS, the term "misdemeanor" or any conjugation thereof shall be construed to include
those offenses which can be classified as a "gross misdemeanor"; and 
WHEREAS, the Interlocal Cooperation Act, codified in RCW 39.34, permits local
governmental units to make the most efficient use of their powers by enabling them to cooperate
with other localities based on mutual advantage; and 
WHEREAS, the Parties have previously contracted for, historically abided by, amended, and
currently abide by an existing interlocal agreement ("ILA"); and 
WHEREAS, the above referenced ILA exists as Agreement No. 18-A001 with the effective
controlling term of 2/17/2018 -2/17/2028; and 

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WHEREAS, the Port and the City have, through their respective authorities and jurisdictions,
established their own police forces to provide police services in their own jurisdictions; and 
WHEREAS, the above referenced ILA No. 18-A001 Chapter VII, sections 7.1-7.3, established
that the Port and the City Police Departments are authorized to engage as outlined in the Mutual
Aid Police Powers Act, Chapter 10.93 RCW to provide emergency assistance to each other based
on need; and 
WHEREAS, the Parties agree that provision of services as detailed in this Agreement are in the
best interest of the citizenry and administration of both public entities named herein. 
NOW, THEREFORE, pursuant to Chapter 39.34 RCW, and in consideration of the mutual 
benefits and covenants described herein, the Port of Seattle and the City of SeaTac agree as
follows: 
A.     Purpose. The purpose of this Interlocal Agreement is to make necessary
arrangements for the prosecution and adjudication of misdemeanor offenses and civil
infractions filed by the Port of Seattle Police that occur on SeaTac International Airport
property that is within in boundaries of the City. 
B.     City Services. The City, through this Agreement shall provide the following
services to the Port: 
1. Municipal Court Services. The City shall provide municipal court services and
facilities for the processing of the Port of Seattle cases in the same manner and at the
same level as the City provides for the same type of cases originating in SeaTac and as
required by state statute, court rule, city ordinance, or other regulations now existing or
hereafter amended. These services include, as applicable, the filing, processing,
adjudication, and penalty enforcement of all misdemeanor offenses filed on _______,
2021 or any date thereafter for the duration of this agreement. 
1.1     Judicial Officers. The City has appointed judicial officers by whom the
inherent jurisdictional authority of such office shall be vested in them to
adjudicate misdemeanor or traffic violations occurring within the concurrent
jurisdictions of the Port and the City of SeaTac, issue search and arrest warrants,
set procedures of establishing bail, arraignments and plea hearing, pretrial
motions and evidentiary hearings, address matters related to discovery materials,
preside in bench and jury trials, order pre-sentence investigations, sentencing,
pretrial motions, probation services, review hearings, and all other court functions 
as they relate to municipal court actions. 
1.2     Court Staff. Except as the Port may elect hereinafter, the City shall
provide court staff, including clerks and court administrator, to process and
adjudicate all criminal and civil citations filed by the Port. Processing shall
include filing, issuance of summons, maintenance of court cases, processing all
fines and forfeitures for municipal cases, notification and subpoenaing of
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witnesses and parties. SeaTac Court shall have discretion in case flow
management and schedule. 
1.3    Probation Services. The City shall provide probation services for Port 
cases, including overseeing community service work to be performed in the City 
or as ordered by the Municipal Court Judge. 
1.4     Performance Reports. The City will provide to the Port of Seattle a 
monthly caseload report. The caseload report shall include the following
information: filings by case type, dismissals, number and type of hearings, trial
settings, number of cases disposed during the reporting period and type of
disposition i.e. Stipulated Order of Continuance, Deferred Prosecution and Guilty 
Pleas. 
2. Prosecution Services. All criminal and infraction cases covered by this agreement
shall be reviewed, filed, and fully prosecuted by the City's Legal Department and staff.
The City shall have final case disposition authority on all cases submitted to the City by
the Port for prosecution. The Port shall support the City's prosecution of Port cases
fully by responding to subpoenas, attending court hearings, production of evidence and
police reports and coordination with the assigned prosecutor as needed to properly
process each case. 
2.1     Domestic Violence Advocate. The City shall provide Domestic Violence 
Advocate services as required by state law and as needed on a case-by-case basis. 
The Domestic Violence advocate and the Port Police shall coordinate in providing
such services to ensure victim welfare and safety. 
2.2     Appeals. If a defendant files an appeal on a Port case, the City prosecutor
will prepare the case for the appeal and will be the attorney of record on the
appeal. The Port will be charged the fee to file a notice of appeal and the cost for
preparing and/or copying any court recordings. The Port shall be responsible for
any associated cost including Public Defender cost on a RALJ appeal. 
2.3     Reporting. The City Attorney's office shall provide the Port with access to
information related to the status of cases     referred to the City by the Port for
prosecution. 

3. Police Reports and Evidence. The Port shall be responsible for gathering, collecting
and providing police reports and evidence to the City Attorney's office in timely and
expeditious manner. Any costs associated with gathering, collecting, or maintaining the
chain of custody shall be the responsibility of the Port, including appropriate mechanisms
for delivery of evidence to the City. 


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C.     Term. The Full-Service Term for this Agreement shall be from January 1, 2022  
December 31, 2024, however, a Partial-Service Term as outlined below shall initiate
upon the Parties mutual assent to this Agreement. 
1.  Partial-Service Term. A Partial-Service term shall be entered into upon the signing of
the Agreement, on this the _____day of _____, 2021. Under said Partial-Service
Term, the City agrees to accept cases classified by the Port as High Repeat Offenders.
2.  Full-Service Term. The Full-Service term of this Agreement is for three (3) years and
shall commence on January 1, 2022 and conclude on December 31, 2024. The Parties
shall consult on a regular basis to establish necessary amendments to ensure the best
results for both Parties. Without six (6) months-notice from the Parties herein, this
Agreement automatically renews for another two (2) years. 
D.     Financial Provisions. In consideration of the services provided in the
Agreement, the Parties agree to the following: 
1.     Court Mandated Payments. The City shall accept and track court mandated payments in
criminal and infraction cases and bail or other forfeitures for the Port and deliver these
payments to the Port on a monthly basis. The use of a collection agency by the City to
collect court-mandated payments is permitted. The Port should receive one hundred
percent (100%) of local revenues associated with Port of Seattle cases. Such revenues
shall be accounted for by the SeaTac Municipal Court personnel in accordance with
statues and procedures governing such duties. Local court revenues include all fines,
forfeited bail, penalties, parking tickets and other court cost recoupment and payments
received as a result of Port of Seattle cases. 
2.     Payment of State and County Assessments. The Port of Seattle shall be responsible for
the payment of all state and county fees and collections costs associated with Port of
Seattle cases. 
3.     Witness Fees. Port of Seattle shall reimburse all fees for witnesses requested by the
prosecutor in Port of Seattle cases. 
4.  Jury Fees. Port of Seattle shall reimburse City of SeaTac for all jury fees for Port of
Seattle court cases. 
5.  Interpreter Services. Port of Seattle shall reimburse City of SeaTac for all language
interpretation services required for defendants in Port of Seattle court cases. 
6.  Public Defender Services. The Port of Seattle shall independently contract for indigent
defense services and pay all associated costs. 
7.  Jail Costs. Port of Seattle shall be responsible for incarceration arrangements for its
defendants and costs for such incarceration, including reimbursement of medical

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providers as required by RCW 70.48.130 for all Port of Seattle defendants. Port of
Seattle shall be responsible for prisoner transports to and from SeaTac Municipal Court. 
8.  Set-up Costs. City of SeaTac will be reimbursed a one-time fee of $20,000 to cover the
actual set-up costs for new staff members (office suite, phones and computers). This
cost will be spread over the quarterly invoices beginning January 1, 2022. 
9.  Service Fee  2021. The parties agree to a service fee based on actual costs. This
includes actual personnel hours of the judge, prosecuting attorney, judicial support
specialist and probation counselor; as well as costs for contract services including
interpreter services. Other fees include jury costs and witness costs from the effective
date of this agreement through the remainder of the 2021 calendar year to be billed by
the City by January 31 and due 30 days after the date of the invoice. 
10. Service Fee  2022. The parties agree to a total fee of $376,240 for the first 12 months
of this Agreement (January 1, 2022-December 31, 2022) to be paid at a rate of
$_94,060____ per quarter. 
11. Payment of Fees. Invoices for contract services fees, including actual costs for contract
fees and other fees, shall be issued quarterly no later than April 30, July 31, October 31,
and January 31 and due 30 days after the date of the invoice. 
E.     Periodic Adjustments. During the Full-Service Term, the parties shall engage in
a financial analysis to ensure that the City's costs are fully recovered and no additional
revenues accrue from the Port to the City for providing court services, as required by
State Law. That analysis will include the following considerations: 
1.  Changes to Mandates. In the event that the City of SeaTac's municipal court duties
and accompanying costs for the Port of Seattle are expanded or contracted due to state
or federal mandates, the parties agree to negotiate a reasonable increase or decrease in
the fees to be reflected in the reconciliation process below. 
2.  Annual Reconciliation. By April of each year, a reconciliation of personnel costs for
the previous calendar year shall be performed and applied to the first quarter invoice
for that year. The reconciliation shall consider position vacancies and any costs
associated with that position (training, overhead, cost-of-living increases, etc.). The
Probation Counselor and Prosecuting Attorney shall also be reconciled based on
actual work performed and services provided to the Port. 

F.      Agreement Administration. The City will provide prosecutorial services on
behalf of the Port in the pursuit of justice. Interested Port employees or designees thereof
are to be invited to interdepartmental meetings regarding prosecutorial process, court
process, or any matters relevant to the purpose of this ILA. 

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G.     Dispute Resolution. Any disputes or questions of interpretation of this
Agreement that may arise between the Parties shall be governed by the Dispute
Resolution provisions herein. If a dispute arises, staff from each of the Parties shall
endeavor to resolve the dispute at the staff level. If the dispute remains unresolved, then
the Chief of the Port Police Department and the City Attorney, or their designees. shall
attempt to reach resolution in a timely manner. In the event the dispute survives the twopreliminary
dispute resolution processes above, the Parties agree to binding arbitration of
the matter. A neutral arbitrator shall be selected and mutually agreed upon by the Port 
and the City. The laws of the State of Washington shall control any disputes arising from
this Agreement. At all times during the dispute resolution process, the Parties shall
continue to carry out their responsibilities under this Agreement. 

H.     Indemnification. Both Parties shall indemnify, defend, and hold harmless the
other party, its commissioners, officers, agents, and employees from and against any and
all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature
whatever, including costs and attorneys' fees in defense thereof, for injuries, sickness, or
death of persons, or damage to property, or the violation of a person's civil rights, which
is caused by or arises out of either party's acts, errors, or omissions with respect to the
subject matter of this Agreement, or any act or omission of any agent retained by or
contracted with by the Parties to provide services covered by this Agreement. 

I.       Termination. Both Parties shall reserve the right to terminate this Agreement,
provided that the terminating party notifies the other party six (6) months prior to such
termination. 
J.      Amendment. The parties may make an amendment to this ILA provided it is
minor. A minor amendment is one that does not change the substance or intent of the existing
Agreement. The ILA may be amended by a Letter of Agreement (LOA) executed by the Port of
Seattle Executive Director and the City Manager. All LOA's will be attached to this Agreement.
Any substantive amendments to the ILA shall be approved by the parties' legislative bodies. 

Signed by the below signatories on this ____ day of______, 2021. 


CITY OF SEATAC                                  PORT OF SEATTLE 


PORT OF SEATTLE & CITY OF SEATAC INTERLOCAL AGREEMENT_ Draft 6 (Clean)