HomeMy WebLinkAboutR-2022-135 Resolution authorizing an agreement with the Clerk of Superior Court for Yakima County for jury services beginning September 1, 2022 through September 1, 2027A RESOLUTION
RESOLUTION NO. R-2022-135
authorizing City of Yakima Municipal Court Presiding Judge, on behalf of
the City of Yakima, to execute an interlocal agreement with the Clerk of
Superior Court for jury services beginning September 1, 2022 through
September 1, 2027.
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 for Jury Services; and,
WHEREAS, the City Council finds and determines that approval of such Agreement is in
the best interests of the residents of the City of Yakima and will promote the general health, safety
and welfare; now, 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.
ADOPTED BY THE CITY COUNCIL this 4th day of October, 2022.
ATTEST:
I
i t2k
onylaar Tee, City Clerk
..--/,1 64.E Janice Deccio, Mayor
I
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. The City conducts criminal trials that require jurors from within the City of Yakima city
limits.
B. The City desires that the County conduct jury services to provide the necessary jurors
for criminal trials.
C. The 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 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 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 the City upon request.
c. Notifying potential jurors if they are needed for trial via a juror 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:
Clerk's Master Jury List Certification to the City.
City's Responsibilities. In addition to compensation paid to the County pursuant to
Section 3 below, the City shall provide the following services to facilitate jury services:
City will be responsible for notifying the County by 4:00 PM the day prior to any
scheduled jury trial of the need for jurors. Similarly, if there are no trials that are
expected, that message will be conveyed to the County. The City will check in all jurors
that appear for scheduled jury trials on a log sheet provided by County. The City will
also provide the County a copy of the log sheet to process the juror reimbursements.
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3. Compensation. The City shall pay the 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. The County shall bill the City quarterly and will include an itemized
cost bill.
4. Term of Agreement. The term of this Agreement shall commence on September 1,
2022 and shall terminate September 1, 2027, 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 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 disability. 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. The County and the City both agree 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. The County represents that its 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.
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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 expenses, including reasonable attorneys' fees, which result
or arise out of the sole negligent accts 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 or 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 of 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 of expiration of this Agreement shall survive the term of 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:
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CITY: Presiding Judge
200 South 3rd Street Yakima, WA 98901
COUNTY: Clerk of Superior Court
128 N 2nd Street Room 323, 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.
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
Presidi
g Judge
Date: CI
Attest:_
Cfty Clerk
Contract Number: (70—)6 1
Resolution Number: R.-abaa — 15
YAKIMA COUNTY
By:
-C,
Tracey M. Slagle, Comity Clerk
)3
Page 4 14
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.G.
For Meeting of: October 4, 2022
Resolution authorizing an agreement with the Clerk of Superior
Court for Yakima County for jury services beginning September 1,
2022 through September 1, 2027
Sara Watkins, 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 September 1, 2022 through September 1, 2027 were
previously budgeted. The cost for these services is $2,500.00 per month, plus actual juror fees
and reimbursement.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description Upload Date
❑ Res -Yakima Municipal Court & YCSC Jury Services 9/20/2022
ID Agreement for Jury Services 9/21/2022
Type
Resolution
Contract
2