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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.
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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
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