HomeMy WebLinkAboutR-2016-115 Jury Services Agreement with Yakima County Superior Court Clerk May 2015 - Sept 2016A RESOLUTION
RESOLUTION NO. R-2016-115
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 4th day of October, 2016
ATTEST: Ka
Sonya C{laar Tee, City Clerk " hs
yor
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
By.
Susan Wood d, Presiding Judge
Date'
YAKIMA COUNTY
B
Date /d 7- /6
Ile Riddle, County Clerk
CITY CONTRACT NO.X/Co - 7,3
Page 2 of 2
5 e go/( - / 1 s
DONE this 11 h day of October, 2016
Approved as to form:
10 Wti
Mich.= D. Leita, Chairman
$; .x. s*4-.9-4;\..°0:i�4` Ke chey, Commissioner
�7/,r� _ z: f� i
inda ay O'Hara �'>),S�s' ''•.., •4',Ca �`1 4. A J. ' Elliott Commissioner
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Deo ty Clerk of the Board s-$.,,•,,,......•• Cons ng the Board of County Commissioners
4.-# s.•tbb for Yakima County, Washington
BOCC301-2016
October 11, 2016
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 6.C.
For Meeting of: October 4, 2016
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
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:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
Yes
Public Safety
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 Services Agreement 2015-2016 9/23/2016 Contract