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HomeMy WebLinkAbout10/04/2016 06C Jury Services Agreement with Yakima County Superior Court Clerk May 2015 - Sept 2016 r ,x- .. v 4 \ IC € xs 1 nt. n . rt - BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.C. For Meeting of: October 4, 2016 ITEM TITLE: Resolution authorizing City of Yakima Municipal Court Presiding Judge, on behalf of the City, to execute an Interlocal Agreement with the Clerk of Superior Court for Yakima County for jury services from May 1, 2015 through September 30, 2016 SUBMITTED BY: Bronson Faul, Senior Assistant City Attorney Linda Hagert, Court Services Manager SUMMARY EXPLANATION: The City of Yakima conducts trials that require jurors from within the City of Yakima city limits. The County has provided jury services to the City for criminal jury trials from May 1, 2015 through September 30, 2016, without compensation. This Agreement will compensate the County for jury services provided from May 1, 2015 through September 30, 2016. This Agreement is not a request for new or additional funding. The costs associated with the Jury Services Agreement for the dates of May 1, 2015 through September 30, 2016 were previously budgeted. The cost for these services is a total of $52,411. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL: /1 City Manager STAFF RECOMMENDATION: Adopt resolution. BOARD /COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D Resolution re Jury Services 2015 -2016 9/23/2016 Resolution D Jury Seruces Agreement 2015 -2016 9/23/2016 Contract RESOLUTION NO. R -2016- A RESOLUTION authorizing City of Yakima Municipal Court Presiding Judge, on behalf of the City, to execute an Interlocal Agreement with the Clerk of Superior Court for Yakima County for jury services from May 1, 2015 through September 30, 2016. WHEREAS, the City conducts criminal trials that require jurors from within the City of Yakima city limits; and WHEREAS, the County has provided jury services to the City for criminal jury trials; and WHEREAS, the County has provided services to the City from May 1, 2015 through September 30, 2016 without compensation; and WHEREAS, the City Council finds and determines that approval of such Agreement is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City of Yakima Municipal Court Presiding Judge is hereby authorized to execute and administer the "Agreement for Jury Services ", a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference; now, therefore, ADOPTED BY THE CITY COUNCIL this 4 day of October, 2016. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk AGREEMENT for Jury Services THIS AGREEMENT, hereinafter an "Agreement," is made and entered into by and between the City of Yakima Municipal Court (hereinafter the "City "), and the Clerk of Superior Court for Yakima County, (hereinafter "County ") under the authority and in conformance with RCW 39.34, the Interlocal Cooperation Act. I. RECITALS A. City conducts trials that require jurors from within the City of Yakima city limits. B. County has provided jury services to City for criminal jury trials. C. This Agreement will compensate County for jury services provided from May 1, 2015 through September 30, 2016. II. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises, and agreements set forth herein, it is agreed by and between the City and the County as follows: 1. Scope of Work. County provided jury services which included staff, specialized equipment, and otherwise all things necessary for or incidental to the performance of the following work. 2. Compensation. The City shall pay County the sum of Fifty Two Thousand Four Hundred Eleven Dollars ($52,411.00) as full compensation for all jury services provided pursuant to this Agreement. 3. Status of County. The County and the City understand and expressly agree that County is an independent contractor in the performance of each and every part of this Agreement. The County, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement free from supervision by the City over the methods and details of performance except as provided herein. Additionally, and as an independent contractor, County and its employees shall make no claim against the City for employment benefits, social security, and /or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between County or any officer, employee or agent of County and the City. 4. Taxes and Assessments. County shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. 5. Indemnification and Hold Harmless The City agrees to defend, indemnify, and hold harmless County, its officials, officers, employees and agents from any and all suits, judgments, actions, claims, demands, damages, and costs and expenses, including reasonable attorneys' fees, which result or arise out of the sole negligent acts or omissions, if any, of the City of Yakima, its officials, officers, employees or agents. Page 1 of 2 County agrees to defend, indemnify, and hold harmless the City, its officials, officers, employees and agents from any and all suits, judgments, actions, claims, demands, damages, and costs and expenses, including reasonable attorneys' fees, which result or arise out of the sole negligent acts or omissions, if any, of County, its officials, officers, employees or agents. If any suits, judgments, actions, claims or demands arise out of or in connection with the negligent acts and /or omissions of both the City of County or their officials, officers, employees or agents pursuant to this Agreement, each party shall be liable for its proportionate share of negligence for any resulting suits, judgments, actions, claims, demands, damages, and costs and expenses, including reasonable attorneys' fees. The terms of the section shall survive any expiration or termination of this Agreement. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 7. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA YAKIMA COUNTY By: By: Susan Woodard, Presiding Judge Janelle Riddle, County Clerk Date: Date: ATTEST: CITY CONTRACT NO. Sonya Claar Tee, City Clerk Page 2 of 2