03-013 Jury Management -
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3 `Return to; lia,oela Erickson Spokane Valley Contract
Clerk of the Board No. CO3-].3
1116 West Broadway Approved; march 25, 2003
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Spokane, Waslxilibtoii 99260
IN'TERL C L AGREEMENT FOR COSTS INCIDENT
TO JURY MANAGEMENT SERVICES IN THE CITY OF SPOKANE VALLEY
(April L 7003-.flccernber 31, 2004)
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THIS AGREEMENT,ENT, made and entered into by and among Spokane County, a
political subdivision of the State of Washington, having offices for the transaction of business at
1116 West Broadway, Spokane, Washington 99260, hereinafter referred to as "COUNTY.," the •
City of Spokane Valley, a municipal corporation of the State of Washington, having offices for
the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106,
Spokane Valley, Washington 99206, hereinafter referred to as "CITY" and Spokane County
Superior Court, having offices for the transaction of business at 1116 West Broadway,
Spokane, Washington 99260, hereinafter referred to as the "COURT,"jointly hereinafter referred
to as the "PARTIES."
• WITNESSETH:
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Spokane County Board
of County Commissioners has the care of County property and the management of County funds
and business; and
WHEREAS, pursuant to chapter 35-02 RCW, the City of Spokane Valley established
midnight, March 31, 2003, as its official date of incorporation and upon that date commenced
• operations as a city; and
WHEREAT pursuant to chapter 35-02 RCW, as of the official date of incorporation, local
governmental authority and jurisdiction with respect to the newly incorporated area transfers from
Spokane County to City of Spokane Val Ley; and
WHEREAS, chapter 39,34 R.CW (Interlocal Cooperation Act), authorizes counties and
cities to contract with each other to perform certain functions which each may legally perform; and
• WHEREAS, Spokane County Superior Court maintains a Jury Management System; and
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WHEREAS, the City of Spokane Valley will operate a Municipal Court in calendar year
2003 and 2004 and is desirous of using Spokane County Superior Court's Jury Management
System ("System"); and
WHEREAS, in conjunction with the City of Spokane Valley's use of the System, the
City of Spokane Valley agrees to pay its fair share proportionate percentage of the administrative
costs for such System, to include(1) personnel, computer equipment/printer and supply costs; (2)
printing and postage costs; and (3) State Industrial Insurance costs. The City of Spokane Valley
also agrees to pay juror fees and mileage on a weekly basis, and parking costs on a quarterly
basis for cases attributable to CI'T'Y.
NOW, THEREFORE, for and in consideration of the mutual promises set forth
hereinafter, the PARTIES do mutually agree as follows:
SECTION NO. 1: PURPOSE
The purpose of this Agreement is to set forth the PARTIES understanding of the terms and
conditions under which COURT will provide Jury Management System ("System") services to the
CITY. For the purpose of this Agreement System is described as summoning, qualifying,
organizing, tracking, providing and compensating jury panels for CITY'S Municipal Court.
SECTION NO. 2: DURATION
This Agreement shall be effective at 12:01 A.M. on April 1, 2003, and run through 12:00 P.M.
December 31, 2004, unless one or all of the PARTIES give notice of termination as provided for
in Section No. 5 and Section No. 10 of this Agreement.
SECTION NO. 3: COST OF SERVICES AND PAYMENTS
CITY shall pay COUNTY the actual costs for its use of the system in 2003 and 2004 as outlined
below.
A. Reimbursement. Costs of the System shall be comprised of two components, namely costs
for each jury panel requested and administrative costs for management of the System.
Costs for each jury panel requested shall be the actual costs to include jury fee, mileage and
all other costs directly attributable to the specific jury requested. These costs shall be the
responsibility of CT"1'Y once a jury is requested regardless of whether it is ever empanelled.
Administrative costs of the System shall include all costs incurred by COURT in
operating/providing the System for any calendar year to include: Item (1) personnel,
computer equipment/printer and supply costs; Item (2) printing and postage costs; and Item
(3) State Industrial insurance costs. Personnel costs will include (i) all cost of living(COLA)
adjustments as authorized by COUNTY for persons proving the System and/or (ii) salary
increases. Any increase in any administrative costs will be reflected in the current years
costs.
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CITY'S share of the administrative costs under Item (1) above will be calculated by taking
the total costs for Item (1) for any calendar year and dividing it. by the total number of jury
panels requested in Superior, District or Municipal Court by all users of the System. This
will provide a per jury panel administrative costs for Item (1). CITY will then pay this per
jury administrative costs for Item (I) for each jury panel it has requested.
CITY'S share of the administrative costs under Item (2) shall be determined by using the
percentage of juror days served by Superior, District, and Municipal Courts in any calendar
year. CITY shall pay its proportionate share of such cost based on the number of juries
requested.
CITY'S share of the administrative costs under Item (3) above shall be determined by taking
the per hour juror rate which COURT pays for State Industrial Insurance and multiplying it
by the total number of juror hours for persons who served as jurors for CITY.
B. Payment. COUNTY will invoice CITY for its actual use of the System on or before January
15`T' of 2004 and 2005 for the use of the System in the preceding year. Payment by CITY will
be due thirty (30) days after receipt of COUNTY invoice. At the sole option of COUNTY, a
penalty may be assessed on any late payment by CITY based on lost interest earnings had the
payment been timely paid and invested in the Spokane County Treasurer's Investment Pool.
SEC iON NO. 4: SERVICES PROVIDED
COUNTY, through COURT, shall operate and provide the System to CITY. The System is
generally described as summoning, qualifying, organizing, tracking, providing and
compensating,jury panels for CITY'S Municipal Court.
SECTION NO. 5: NOTICE
All notices or other communications given hereunder shall be deemed given on: (1) the day such
notices or other communications are received when sent by personal delivery; or (ii) the third day
following the day on which the same have been mailed by first class delivery, postage prepaid
addressed to PARTIES at the address set forth below, or at such other address as the PART I_hS shall
from time-to-time designate by notice in writing to the other PARTIES:
COUNTY: Spokane County Chief Executive Officer or his/her authorized representative
1 1 16 West Broadway Avenue
Spokane, Washington 99260
COURT: Spokane Superior Court Presiding Judge
Spokane County Superior Court
1116 West Broadway Avenue
Spokane, Washington 99260
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Spokane District Court Presiding Judge
Spokane County District Court
1100 West Mallon Avenue
Spokane, Washington 99260
CITY: City of Spokane Valley City Manager or his/her authorized representative
Redwood Plaza
11707 East Sprague Avenue, Suite 106
Spokane Valley, Washington 99206
SECTION NO. 6: COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which, when so
executed and delivered, shall be an original, but such counterparts shall together constitute but
one and the same.
SECTION NO. 7: ASSIGNMENT .
No Party may assign, in whole or in part, its interest in this Agreement without the approval of all
other PARTIES.
SEC"TON NO. 8: LIABILITY •
COUNTY shall defend, indemnify and hold harmless CITY from all claims, demands, or suits in
law or equity arising from COUNTY/COURT'S negligence or breach or its obligations under the
Agreement. COUNTY'S duty to indemnify shall not apply to liability caused by the sole
negligence of CITY, its officers and employees. COUNTY'S duty to indemnify for liability
arising from the concurrent negligence of C1TY, its officers and employees and
COUNTY/COURT, its officers and employees shall apply only to the extent of the negligence of
COUNTY/COURT, its officers and employees. COUNTY'S duty to indemnify shall survive
termination or expiration of the Agreement.
COUNTY waives, with respect to CiTY only, its immunity under RCW Title 51, industrial
Insurance.
SECTION NO. 9: RELATIONSHIP OF THE PARTIES
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The PARTIES intend that an independent contractor relationship will be created by this Ageement.
No agent, employee, servant or representative of COUNTY/COURT shall be deemed to be an
employee, agent, servant or representative of CiTY for any purpose. Likewise, no agent, employee,
servant or representative of CITY shall be deemed to be an employee, agent, servant or
representative of COUNTY/COURT for any purpose.
SECTION NO. 10: MODIFICATION,WITHDRAWAL,AND TERMINATION
This Agreement may be modified in writing by mutual agreement of the PARTIES.
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Any Party may withdraw from this Agreement upon a minimum of 90 days written notice to the
other PARTIES of intent to withdraw. Any Party may terminate this Agreement upon a breach by
the another Party, provided the Party seeking to terminate the Agreement shall provide at least 30
days written notice and an opportunity to cure to the breaching Party.
Upon withdrawal or termination, CITY shall be obligated to pay for only those System services
rendered prior to the date of withdrawal or termination.
The withdrawal of CITY from this Agreement shall not impose a requirement on
COUNTY/COURT to provide for the funding or handling of System services for cases that are filed
after the effective date of withdrawal.
Upon withdrawal or termination, at CITY'S option, COUNTY/COURT shall continue to provide
services to completion for those cases filed prior to the effective date of the withdrawal or
termination.
SECTION NO. 11: PROPERTY AND EQUIPMENT
The ownership of all property and equipment utilized by any Party to meet its obligations under the
terms of this Agreement shall remain with such Party.
SECTION NO. 12: VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered within the
State of Washington and it is mutually understood and agreed by each party that this Agreement
shall be governed by the laws of the State of Washington both as to interpretation and
performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this
Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction
within Spokane County, Washington.
SECTION NO. 13: SEVERABILITY
It is understood and agreed among the PARTIES that if any parts, terms or provisions of this
Agreement are held by the courts to be illegal, the validity of the remaining portions or
provisions shall not be affected and the rights and obligations of the PARTIES shall not be
affected in regard to the remainder of the Agreement. If it should appear that any part, term or
provision of this Agreement is in conflict with any statutory provision of the State of
Washington, then the part, teim or provision thereof that may be in conflict shall be deemed
inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall
be deemed to modify to conform to such statutory provision.
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SECTION NO. 14: HEADINGS
The section headings appearing in this Agreement have been inserted solely for the purpose of
convenience and ready reference. In no way do they purport to, and shall not be deemed to
define, limit or extend the scope or intent of the sections to which they pertain.
SECTION NO. 15: ALL WRITINGS CONTAINED HERFINBINDING EFFECT
This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree
that there are no other understandings, oral or otherwise, regarding the subject matter of this
Agreement. No changes or additions to this Agreement shall be valid or binding upon the
PARTIES unless such change or addition is in writing, executed by the PARTIES.
This Agreement shall be binding upon the PARTIES hereto, their successors and assigns.
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be
executed on date and year opposite their respective signatures.
DATED: lit SPOKANE COUNTY SUPERIOR Co .
I
By' 41;�
Its:
DATED.cS 00 __-. ,� BOARD OF COUNTY COMMISSIONERS
of conft. \ `yt OF SPOKANE, COUNTY, WASHINGTON
. 1- :�`4E Co- s0'2 141 Az% e/ 1.-^ , AB _ ENT
/ O .0 A,
r .y - i JOHN ROSKELLEY, Chair•
ATTEST: ; • • �' —VICKY M. DALTON �it sEAL •-;,� %���"1:7
CLERK OF THE BOt ik%`. F c �r •I" ' !'•IS, `lice- hair l
: Az 4 /... ../1 "SO 4.CI I k
aniela Erickson,Deputy Tb C,
. .' . L
DATED: ! r „a f, o1Od3 CITY OF SPOKANE VAL "
Attest.: By: a a-d .
- /(1.61 r Its: (ii )2/.,... G4 iv 1 S 7(
City Clerk (TitleT
Approved as to form only:
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/4, h4 This is to Certify thin true and
• <zo o;0;rsECOG� q1, k•+ correct copy of the o..d,nai document
, . ?, #/ NO., 3-VC5/r9 on file In the County
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` ' /; dCommissioners minudtea s of. l 02E-
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NO '41)312 o1 4
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1. � BY:, .-
coin CLERK OF THE BOARD
BEFORE THE BOARD OF COUNTY COMMISSIONERS •
OF SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF EXECUTING AN )
AGREEMENT BETWEEN SPOKANE )
COUNTY AND THE CiTY OF SPOKANE ) RESOLUTION
VALLEY REGARDING JURY )
MANAGEMENT SERVICES AND )
OTHER MATTERS RELATED THERETO )
W.UE.R.EAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners of Spokane County has the care of County property and the management of County
funds and business; and
WHEREAS, pursuant to chapter 35.02 RCW, the City of Spokane Valley established
midnight, March 31, 2003, as its official date of incorporation and upon that date commenced
operations as a city; and
WHEREAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local
governmental authority and jurisdiction with respect to the newly incorporated area transfers from
Spokane County to City of Spokane Valley; and
WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and
cities to contract with each other to perform certain functions which each may legally perform; and
WHEREAS, Spokane County Superior Court maintains a Jury Management System; and
WHEREAS, the City of Spokane Valley will operate a Municipal Court in calendar year
'2003 and 2004 and is desirous of using Spokane County Superior Court's Jury Management
System ("System"); and
WHEREAS, in conjunction with the City of Spokane Valley's use of the System, the City
of Spokane Valley agrees to pay its fair share proportionate percentage of the administrative costs
for such System, to include (1) personnel, computer equipment/printer and supply costs; (2)
printing and postage costs; and (3) State Industrial Insurance costs. The City of Spokane Valley
also agrees to pay juror fees and mileage on a weekly basis, and parking costs on a quarterly basis
for cases attributable to the City of Spokane Valley.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County
Commissioners of Spokane County, that either the Chairman of the Board, or a majority of the
Board, be and is hereby authorized to execute that document entitled "1NTERLOCAL
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3 0312
AGREEMENT FOR COSTS INCIDENT TO JURY MANAGEMENT SERVICES IN THE CITY
OF SPOKANE VALLEY" pursuant to which, under certain terns and conditions, the City of
Spokane Valley will operate a Municipal Court in calendar year 2003 and 2004 using Spokane
County Superior Court's Jury Management System and agrees to pay its fair share proportionate
percentage of the administrative costs for such System, to include (1) personnel, computer
equipment/printer and supply costs; (2) printing and postage costs; and (3) State Industrial
Insurance costs. The City of Spokane Valley also agrees to pay juror fees and mileage on a weekly
basis, and parking costs on a quarterly basis for cases attributable to the City of Spokane Valley.
PASSED AND ADOPTED thi9C25411 day of ,2003.
of coMA.,4, % BOARD OF COUNTY COMMISSIONERS
i �° ie• 0 4i OF SPOKANE, COUNTY, WASHINGTON
,, : a ABSENT•
� ' sr``' JOHN ROSKELLEY, Chair
ATTEST: `'�
VICKY M. DALTON
CLERK OF THE BOARD %%.�
1 ,4 t' ' S, Vice- air
Y: Lei
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Daniela Erickson, Deputy .ATE MC;WA LIN
H:1�7olle_v
Ci tytirt esotutions\valley-jury mansgment_doe
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