HomeMy WebLinkAboutR-2016-116 Jury Services Agreement with Yakima County Superior Court Clerk Oct 2016 - Dec 2021A RESOLUTION
RESOLUTION NO. R-2016-116
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 4th day of October, 2016.
ATTEST.
thy Co
Sonya CIa,Jr 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
Page 1 of 4
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 and
Page 2 of 4
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. In 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:
To County:
Presiding Judge
200 South 3rd Street
Yakima, WA 98901
Clerk of Superior Court
128 North 2nd 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.
Page 3 of 4
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
By.
Susan Wooard, Presiding Judge
Date.
ATTEST:
/0/1///(0
Sonya CI aj Tee, 0024.
City Cierk
YAKIMA COUNTY
By:
Date:
Riddle, County Clerk
CITY CONTRACT NO.0/6
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Page 4 of 4
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 6.D.
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
beginning October 1, 2016 through December 31, 2021
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:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
Yes
Public Safety
City Manager
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
Resolution re Jury Services 2016-2021 9/23/2016
Jury Senices Agreement 2016-2021 9/23/2016
Type
Resolution
Contract