06-015 Jury Management Return to: Danicla'Erickson, Clerk of the Board
Board of County Commissioners
1.1.1.6 W. Hr4.I41wx'ay
Spokane,Washington 99260
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INTER LOCAL AGREEMENT FOR JURY MAN AC EMENT SERVICES
IN THE CITY OF S1}OKA.NE VALLEY -
(;January 1,2005-December 31,2005) 0192 •
THIS AGREEMENT, made and entered into by and arriong 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 to Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 992.06,
hereinafter referred to as "CITY" and •Spokane County Superior Court; having offices for the transaction
of business at: 1 I1.6 West Broadway, Spokane, Washington 99260, hereinafter referred to as the
"COURT,"jointly hereinafter referred to as the "PA.RTI S." The COUNTY, CITY and COURT agree
as follows,
SECTION NO. I: RECITALS AND FINDINGS
(a) The Board of-County Corrrrriissiorrers of Spokane County has the care of County properly
and the management of County funds and business under RCW 36.32.1 20(6).
(b Counties and cities may contract with each other to perform certain functions which each -
may legally perform under chapter 39.33 RCW(I nterlocal Cooperation Act)_
• (c The Spokane County Superior Court rnEintains a .fury Management: System that is used to
summon, qualify, organic:, track and provide eompensarion ro jury panels for the Spokane County Superior
Court, Spokane County Dixtriut Court and Municipal Courts_
(d) Tlic City of Spokane Valley desires to utilize the services of Spokane County Superior
Court for the purpose of summoning., qualifying, organizing, tracking and providing compensation to jury
panels in conjunction with City of Spokane Valley misdemeanor court cases requiring juries.
•SEC'1.1:0N NO.2: IEF]NYTYONS .
(a) Agreement: "Agreement" means this lnterlocal Agreement between the CITY,
COUNTY and COURT regarding jury management services_
(b) City: "CITY" means the City of Spokane Valley.
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(c) County: "COUNTY"means Spokane County.
(d) Maintenance and Operations_ "Maintenance and Operations" and "M&O" shall mean (1)
those class codes (3000-5999 and 7000-9999) used by Spokane County in its budgetary process as
prescribed by the BARS manual adopted by the State of Washington under chapter 43.88 RCW so long as
such expenditures are directly attributable and proportionate to services rendered to CITY under the terms
of this Agreement.
(e) Services: "Services"means those services identified in Exhibit I.
(f) Compensation: "Compensation" means that methodology set forth in Exhibit 2 used to
establish the amount of money which the CITY will pay the COUNTY for providing Services.
(g) Capital improvement: "Capital improvement" shall mean any expenditure in excess of
51999.99 or such higher figure as set by the COUNTY as the capitalization threshold during the term of
the Agreement. The COUNTY shall give the CITY advance notice of any increase in the capitalization
threshold. The PARTIES agree to meet and discuss the impacts of any change in the capitalization
threshold which will cause an increase of costs to the CITY in excess of $50,000.00. Any such
expenditure will be coded as provided for in the BARS-manual adopted by the State of Washington
under RCW 43.88.
(h) Uncontrollable Circumstances: "Uncontrollable Circumstances" means the following
events: riots, wars, civil disturbances, insurrections, acts of terrorism, external fires and floods, volcanic
eruptions, lightning or earthquakes at or near where the Services are performed and/or that directly affect •
providing of such Services.
SECTION NO.3: PURPOSE
The purpose of this Agreement is to reduce to writing the PARTIES' understanding as to the terms and
conditions under which the COURT will provide Services on behalf of the Cl'l'Y. It is the intent of the
PARTIES that Services to be provided by the COURT will be consistent with the CITY'S Council/Manager
form of government provided for in chapter 35A.13 RCW.
SECTION NO.4: I)URATION/WITNURAWAI;
This Agreement shall commence on January 1,2005, and run through December 31,2005.
At the conclusion of the initial term, this Agreement shall automatically be renewed from year to year
thereafter effective January 1" to December 3ls`' All renewals shall be subject to all terms and conditions
set forth herein to include the methodology for billings set forth in Exhibit 2.
Any Party may withdraw at any time from this Agreement for any reason whatsoever upon a minimum of
180 days written notice as provided for in Section 7 to the other Party.
SECTION NO.5: COST OF SERVICES AND PAYMENTS
The CITY shall pay the COUNTY the costs for Services provided under this Agreement as set forth in
Exhibit 2,attached hereto and incorporated herein by reference.
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The COUNTY CEO shall advise the CiTY Manager as soon as possible of any anticipated or
unanticipated capital improvement costs that arise during the contract period. The City shall pay capital
improvement costs either(1) under the Cost Allocation Plan as an indirect cost amortized over the useful
life of the improvement utilizing straight-line depreciation and incorporating the expected salvage value
of the improvement at the end of its useful life or(2) as a direct cost in the form of a contribution made
to the Equipment Rental and Revolving Fund. The CITY shall be responsible only for capital
improvement costs incurred after March 31, 2003. Any portion of a capital improvement that was paid
for or acquired through separate agreement or with grant proceeds, bond proceeds, user fees, donations,
or any other acquisition method that reflects a contribution on behalf of CITY shall not be included in the
depreciation schedule applied to the CiTY. Any capital improvement for which the COUNTY seeks
reimbursement from the CITY must be necessary to fulfill the requirements of this Agreement.
The COUNTY will bill the CITY for the cost of Services annually after January 15th for the use of the
System in the preceding year. Payments by the CITY will be due by the 51r' day of the following month.
At the sole option of the COUNTY, a penalty may be assessed on any late payment by the CITY based
on lost interest earnings had the payment been timely paid and invested in the Spokane County
Treasurer's Investment Pool. The CITY may dispute any monthly annual billing. Pending resolution of
any dispute, the PARTIES agree that the CITY shall pay timely that portion of the bill that is undisputed.
In the event the CiTY disputes any monthly annual billing it shall include in conjunction with the
monthly payment a letter stating with specificity the basis for the dispute. The PARTIES agree to meet
within thirty (30) calendar days of the COUNTY's receipt of the documentation letter stating the basis
for the CITY disputing any monthly annual billing to resolve the matter. In the event the PARTIES
cannot mutually revolve the matter within the thirty (30) calendar day time frame, unless otherwise
agreed by the PARTIES, the matter shall be resolved pursuant to the Dispute Resolution provisions set
forth in Section No. 17. The selection of arbitrators as provided for in Section No._I7 shall commence
within thirty(30) calendar days of the running of the thirty(30)calendar day time frame.
Any resolution of a disputed amount through use of the arbitration process identified in Section 17 shall
include, at the request of either Party, a determination of whether interest is appropriate, including the
amount.
The PARTIES recognize that it is not always possible for either Party to discover errors in billing. The
PARTIES further recognize that there must be some finality to addressing such errors. Accordingly, the
PARTIES agree that both PARTIES are foreclosed from challenging any errors in billings if the matter is
not drawn in writing to the other PARTY'S attention within thirty(30) calendar days of the annual billing.
Errors raised within this time frame that arc not mutually resolved shall be subject to the Dispute Resolution
provisions set forth in Section No. 17. •
SECTION NO. 6: RELATED RESPONSIBIiITiES IN CONJUNCTION WTI:FI PROVIDING
SERVICES
The COURT or its designee agrees to attend staff meetings as requested by the CITY Manager.
The COURT or its designee agrees to meet upon request by the CITY Manager or his/her designee to
discuss any Service provided under the terms of this Agreement.
The CITY agrees the COURT may use the COUNTY'S stationery in conjunction with providing Services
under the terms of this Agreement.
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S.FtC:CI ON NO.7: NOTICE
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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 the COUNTY or the
CiTY at the address set forth below for such Party, or at such other address as either Party shall from time-
to-time designate by notice in writing to the other Party:
COUNTY: Spokane County Chief Executive Officer
or his/her authorized representative
1116 West Broadway 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
COURT: Spokane Superior Court Presiding Judge
Spokane County Courthouse
1 1 16 West Broadway Avenue
Spokane, Washington 99260_
SECTION NO.8: REPORTING
Reports—The COURT shall provide the CITY with reports documenting actual usage under this Agreement
at the same time each invoice requesting payment is made, unless otherwise mutually agreed by the Parties.
The Parties agree that the terminology "reports documenting usage" means that type of information
provided by the COURT to the CITY in the 2004 agreement for Services. Such reports shall be in a format
as mutually agreed to between the Parties. The content and/or format for such reports may be changed from
time-to-time by written agreement between CiTY and COURT staff.
Records Review—'l'he CITY shall be allowed to conduct random reviews of the records generated by the
COURT in performance of this Agreement as authorized under CR 31. The CiTY will provide the COURT
with reasonable advance notice of the records reviews. The Parties agree that they will make best efforts to
achieve a resolution of any potential records confidentiality issues, including entering into confidentiality
agreements or other similar mechanisms that will allow disclosure of the necessary information to
accurately conduct a records review consistent with OR 31. If the CiTY will be allowed to view only those
records directly relating to Services provided within CITY's corporate boundaries, then the COUNTY must
keep a log of original documents used to charge the CiTY, and those documents must have identifying
numbers or letters so the original source documents can be easily retrieved.
SECTION NO.9: 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.
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SECTION NO. 10: ASSIGNMENT
No Party may assign in whole or part its interest in this Agreement without the written approval of the other
PARTY.
SECTION NO. 11: COURT EMPLOYEES
The COURT shall hire, assign, retain and discipline all employees performing Services under this
Agreement according to applicable collective bargaining agreements and applicable state and federal laws.
The COURT agrees to meet and confer with the CITY with respect to staff that is assigned to provide
Services. Issues of discipline or performance will be specifically handled according to COURT policies.
SECTION NO. 12: LIABILITY
For the purpose of this Section,the terminology'COUNTY shall also include COURT.
(a) The COUNTY shall indemnify and hold harmless the CITY and its officers,agents,and employees,
from any and all claims, actions, suits, liability, loss, costs; expenses, and damages of any nature
whatsoever, by any reason of or arising out of any negligent act or omission of the COUNTY, its officers,
agents and employees, relating to or arising out of performing Services pursuant to this Agreement. In the
event that any suit based upon such claim, action, loss, or damages is brought against the CITY, the
COUNTY shall defend the same at its sole cost and expense; provided that the CITY reserves the right to
participate in said suit if any principle of governmental or public law is involved; and if final judgment in
said suit be rendered against the CITY, and its officers, agents, and employees, or jointly against•the CITY
and the COUNTY and their respective officers,agents,and employees,the COUNTY shall satisfy the same.
(b) The CITY shall indemnify and hold harmless the COUNTY and its officers,agents,and employees,
from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature
whatsoever, by any reason of or arising out of any negligent act or omission of the CITY, its officers, agents
and employees, relating to or arising out of performing Services pursuant to this Agreement. In the event
that any suit based upon such claim, action, loss, or damages is brought against the COUNTY, the CITY
shall defend the same at its sole cost and expense; provided that the COUNTY reserves the right to
participate in said suit if any principle of governmental or public law is involved; and if final judgment in
said suit be rendered against the COUNTY, and its officers, agents, and employees, or jointly against the
COUNTY and the CITY and their respective officers, agents, and employees, the CITY shall satisfy the
same.
(c) If the comparative negligence of the Parties and their officers and employees is a cause of such
damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in proportion to
their relative degree of negligence and the right of indemnity shall apply to such proportion.
(d) Where an officer or employee of a Party is acting under the direction and control of the other
Party, the Party directing and controlling the officer or employee in the activity and/or omission giving
rise to liability shall accept all liability for the other Party's officer or employee's negligence.
(e) Each Party's duty to indemnify shall survive the termination or expiration of the Agreement.
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(f) The foregoing indemnity is specifically intended to constitute a waiver of each Party's immunity
under Washington's industrial insurance Act, chapter 51 RCW, respecting the other party only, and only to
the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by
the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated
and agreed upon by them.
(g) The COUNTY and the CITY agree to either self insure or purchase policies of insurance covering
• the matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with
$5,000,000 aggregate limits including professional liability and auto liability coverages.
SECTION NO. 13: RELATIONSHIP OF THE PARTIES
The PARTIES intend that an independent contractor relationship will be created by this Agreement. The
COURT shall be an independent contractor and not the agent or employee of the CITY, that the CITY is
interested only in the results to be achieved and that the right to control the particular manner, method and
means in which the services are performed is solely within the discretion of the COURT. Any and all
employees who provide Services to the CITY under this Agreement shall be deemed employees solely of
the COURT. The COURT shall be solely responsible for the conduct and actions of all employees under
this Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or
representative of the CITY shall be deemed to be an employee, agent, servant or representative of the
COUNTY or COURT for any purpose.
SECTION NO. 14: MODIFICATION
This Agreement may be modified in writing by mutual written agreement of the PARTIES.
SECTION NO. 15: PROPERTY AND EQUiPM_ENT
The ownership of all property and equipment utilized in conjunction with providing the Services shall
remain with the original owner, unless otherwise specifically and mutually agreed to by the PARTIES to
this Agreement. For the purpose of this section, the terminology "owner" means that Party which paid
the full purchase price for the property or equipment.
SECTION NO. 16: ALL WRITINGS CONTAiN'ED HEREIN/BINDING EFFECT
This Agreement contains terns 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.
SECTION NO. 17: DISPUTE RESOLUTION
Any dispute between the ['ARTIES as to cost of services only which cannot be resolved between the
PARTIES shall be subject to arbitration. Except as provided for to the contrary herein, such dispute shall
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first be reduced to writing and considered by the COUNTY CEO and the CITY Manager. If the COUNTY
CEO and the CITY Manager cannot resolve the dispute it will be submitted to arbitration. The provisions of
chapter 7.04 RCW shall be applicable to any arbitration proceeding.
The COUNTY and the CITY shall have the right to designate one person each to act as an arbitrator. The
two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall
be binding on the PARTIES and shall be subject to judicial review as provided for in chapter 7.04 RCW.
The costs of the arbitration panel shall be equally split between the PARTIES..
SECTION NO. 18: 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. 19: SEVFRARILi l Y
The PARTIES agree 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, term 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.
SECTION NO.20: RECORDS
All public records prepared, owned, used or retained by the COUNTY or COURT in conjunction with
providing Services under the terms of this Agreement shall be deemed CITY property and shall be made
available to the CITY upon request by the CITY Manager subject to the attorney client and attorney work
product: privileges set forth in statute, court rule or case law. The COUNTY will notify the CITY of any
public disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the
COUNTY'S response thereto. The COURT will notify the CITY of any request for court records under GR
31.
SECTION NO.21: 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. 22: TIME OF ESSENCE OF AGREEIVII_NT
Time is of the essence of this Agreement and in case either Party fails to perform the obligations on its
part to be performed at the time fixed for the performance of the respective obligation by the terms of this
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Agreement, the other Party may, at its election, hold the other Party liable for all costs and damages -
caused by such delay.
SECTION NO.23: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY
A delay or interruption in or failure of performance of all or any part of this Agreement resulting from
Uncontrollable Circumstances shall be deemed not a default under this Agreement.
A delay or interruption in or failure of performance of all or any part of this Agreement resulting from
any change in or new law, order, rule or regulation of any nature which renders providing of Services in
accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the
control of the COUNTY or COURT which render legally impossible the performance by the COUNTY
or COURT of its obligations under this Agreement,shall be deemed not a default under this Agreement.
SECTION NO. 24: FILING
This Agreement shall be filed by the County with such offices or agencies as required by chapter 39.34
RCW.
SECTION NO.25: EXECUTION AND APPROVAL
The PARTIES warrant that the officers executing below have been duly authorized to act for and on
behalf of the Party for purposes of confirming this Agreement.
SECTION NO. 26: INITIATIVES
The PARTIES recognize that revenue reducing initiative(s) passed by the voters of Washington may
substantially reduce local operating revenue for the CITY, COUNTY or both PARTIES. The PARTIES
agree that it is necessary to have flexibility to reduce the contracted amounts) in this Agreement in
response to budget constraints resulting from the passage of revenue-reducing initiative(s). If such an event
occurs, the PARTIES agree to negotiate in good faith to achieve a mutually ageeable resolution in a timely
fashion.
SECTION NO.27: COMPLIANCE WITH LAWS
The Parties shall observe all federal, state and local laws,ordinances and regulations, to the extent that they
may be applicable to the terms of this Agreement.
SECTION NO.28: DISCLAIMER
Except as otherwise provided, this Agreement shall not be construed in any manner that would limit
either Party's authority or powers under laws.
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SECTION NO. 29: ASSURANCE
The CITY shall pay the COUNTY the true and full cost of all Services provided under this Agreement.
The intent of the Parties is that neither Party will subsidize the other and that the CITY will not subsidize
any other jurisdiction that is receiving similar services.
IN WITNESS WHEREOF,the PARTIES have caused this Agreement to be executed on date and
year opposite their respective signatures.
DATED: Ma CYO'\ \k 4(CCK0 BOARD OF COUNTY COMMISSIONERS
• OF SPOKANE COUNTY, WASHINGTON
.-214*-%/Zt
• oF comAvs,�o ��► TODD MIELKE,Chair
ATTEST:
Clerk of the Board (f.t, \• •• • ;LARK RICHARD,Vice-Chair
'r►► •s. .sue=• 44t..•
Daniela Erickson `�h�� ' ' I !. HARRIS, Commissioner
DATED: ✓3A34 SPOKANE COUNTY SUPERIOR COUR":
By: UJ=•dez-
Its: -t _ - /' if!
DATED: 3 11 44 CITY OF SPOKANE VALLEY:
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David Mercier,City Manager
Christine Bainbridge City Clerk
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APPROVED AS TO FORM ONLY:
Office of e City Attorney
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EXHIBIT 1
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The COURT shall operate and provide the Services to CITY. The Services arcs generally described as
summoning, qualifying, organizing, tracking, providing and compensating, jury panels for CITY'S cases
consistent with applicable laws and court rules
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EXHIBIT 2
• CITY shall pay COUNTY the actual costs for its use of the system in 2005 and future years as
follows:
Costs of the Services shall be comprised only of 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 CITY
once a jury is requested regardless of whether it is ever empanelled. These fees are not included in this
Agreement. They are included in the INTERLOCAL AGREEMENT FOR COSTS INCIDENT TO
ADJUDICATION OF MISDEMEANOR AND GROSS MISDEMEANOR COFFENSES.)
Administrative costs of the Services shall include all costs incurred by COURT in operating/providing the
System for any calendar year to include:
Item(I)personnel,computer equipment/printer and supply costs,
Item(2)printing and postage costs,and
item(3)State Industrial Insurance costs.
Item (I) costs will include salaries/benefits plus (i) all cost of living (COLA) adjustments as authorized
by COUNTY for persons providing the Services and/or(ii) salary increases and(iii) indirect rate applied
only to salaries/benefits based on Spokane County's OMB A-87 Cost Plan Escalated 2003 for 2005,
adjusted to only include depreciation of capital improvements purchased after the date of the CITY's
official date of incorporation, prepared by PRM Group, an independent plan preparer. Any increase in
any administrative costs will be reflected in the current years costs. CITY'S share of the administrative
costs under Item (I) above will be calculated by taking the total costs for Item (I) 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 cost for Item (I). CITY will
then pay this per jury administrative cost for item (I) for each jury panel it has requested.
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Item (2) cost 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.
Item (3) costs 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.
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