HomeMy WebLinkAbout10/04/2016 06D Jury Services Agreement with Yakima County Superior Court Clerk Oct 2016 - Dec 2021 I�, t €
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.D.
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
beginning October 1, 2016 through December 31, 2021
SUBMITTED BY: Bronson Faul, Senior Assistant City Attorney
Linda Hagert, Court Services Manager
SUMMARY EXPLANATION:
The City conducts criminal trials that require jurors from within the City of Yakima city limits. The
County has staff and specialized equipment to efficiently provide jury services for criminal trials
for the City of Yakima, including sending juror summons and questionnaires to potential jurors;
providing a copy of the returned questionnaires to the City upon request; notifying potential jurors
if they are needed for trial via a call in line; providing a Case Information Sheet for each jury panel
that reports to Yakima Municipal Court; and processing all payments to jurors including juror fees
and mileage reimbursements.
This Agreement is not a request for new or additional funding. The costs associated with the Jury
Services Agreement for the dates of October 1, 2016 through December 31, 2021 were
previously budgeted. The cost for these services is $2,500 per month plus actual juror fees and
reimbursement
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
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APPROVED FOR
SUBMITTAL: C Manager
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
Resolution re Jury Services 2016-2021 9/23/2016 Resolution
Jury Senices Agreement 2016-2021 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 beginning October 1, 2016
through December 31, 2021.
WHEREAS, the City conducts criminal trials that require jurors from within the City of
Yakima city limits; and
WHEREAS, the City desires the County to conduct jury services to provide the
necessary jurors for criminal trials; and
WHEREAS, the County has the experience and ability to provide jury services to the
City for criminal jury trials; and
WHEREAS, the parties desire to enter into an Agreement for the provision of such
services pursuant to the terms and conditions set forth in the Agreement; 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 criminal trials that require jurors from within the City of Yakima city limits.
B. City desires County to conduct jury services to provide the necessary jurors for criminal
trials.
C. County has the experience and ability to provide jury services to the City for criminal jury
trials.
D. The parties desire to enter into an Agreement for the provision of such services pursuant
to the terms and conditions set forth herein and below.
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 shall provide jury services which includes staff, specialized
equipment, and otherwise do all things necessary for or incidental to the performance of the
following work. Jury services include, but are not limited to:
A. Sending juror summons and questionnaires to potential jurors.
B. Providing a copy of the returned questionnaires to City upon request.
C. Notifying potential jurors if they are needed for trial via a call in line.
D. Providing a Case Information Sheet for each jury panel that reports to Yakima
Municipal Court.
E. Processing all payments to jurors including juror fees and mileage reimbursements.
County will annually prepare a Master Jury List and provide a copy of the Order Re: Clerks
Master Jury List Certification to the City.
2. City's Responsibilities. In addition to compensation paid to County pursuant to
Section 3 below, the City shall provide the following services to facilitate jury services:
City will be responsible for notifying County by 4:00 PM the day prior to any scheduled jury trial
for any scheduled trial or if there are no trials expected to be conducted.
City will check in all jurors that appear for scheduled jury trials on a log sheet provided by
County. City will provide County a copy of the log sheet to process the juror reimbursements.
3. Compensation. The City shall pay County the sum of Two Thousand Five Hundred
Dollars ($2,500.00) per month as full compensation for all services provided pursuant to this
Agreement, plus all costs paid to jurors for fees and mileage reimbursements. County shall bill
City quarterly and will include an itemized cost bill.
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4. Term of Agreement. The term of this Agreement shall commence on October 1, 2016
and shall terminate December 31, 2021, unless terminated earlier by either party in accordance
with Section 14 of this Agreement. This Agreement may be extended for up to two additional
five year periods by written agreement executed by the Presiding Judge of the Municipal Court
and the Clerk of the Yakima Superior Court prior to expiration.
5. 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.
6. 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.
7. Non - Discrimination. During the performance of this Agreement, the parties shall not
discriminate in violation of any applicable federal, state and /or local law or regulation on the
basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the
presence of any sensory, mental or physical handicap. This provision shall include but not be
limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the
provision of services under this Agreement.
8. Compliance With Law. County agrees to perform all services under and pursuant to
this Agreement in full compliance with any and all applicable laws, rules, and regulations
adopted or promulgated by any governmental agency or regulatory body, whether federal, state,
local, or otherwise.
9. No Conflict of Interest. County represents that he and /or his employees do not have
any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in
any manner or degree with the performance of this Agreement.
10. No Insurance provided by City. It is understood the City does not maintain liability
insurance for County and /or its employees.
11. 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.
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
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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
12. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by the County to any other person or entity without
the prior written consent of the City. I n the event that such prior written consent to an
assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of
County as stated herein.
13. Non - Waiver. The waiver by County or the City of the breach of any provision of this
Agreement by the other party shall not operate or be construed as a waiver of any subsequent
breach by either party or prevent either party thereafter enforcing any such provision.
14. Termination. The County or the City may terminate this Agreement, with or without
cause, by giving the other party at least three hundred sixty four (364) days advance written
notice of termination. In the event of such termination, the County shall be compensated for
actual expenses incurred, which cannot be reversed, up to the effective date of termination. In
such event, County shall provide City with invoices supporting and documenting such expenses.
15. Survival. Any provision of this Agreement which imposes an obligation after termination
or expiration of this Agreement shall survive the term or expiration of this agreement and shall
be binding on the parties to this Agreement.
16. Notices. Unless stated otherwise herein, all notices and demands shall be in writing
and sent or hand delivered to the parties at their addresses as follows:
To City: Presiding Judge
200 South 3rd Street
Yakima, WA 98901
To County: Clerk of Superior Court
128 North 2n Street
Yakima, WA 98901
or to such addresses as the parties may hereafter designate in writing. Notices and /or demands
shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices
shall be deemed effective when mailed or hand delivered at the addresses specified above.
17. Separate Legal Agency. This Agreement shall not create a separate legal or
administrative agency.
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18. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
19. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
20. Effective Date. This Agreement shall be effective as and from the date signed by the
last party to sign.
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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