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HomeMy WebLinkAbout2751 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 2751 CLERK - KITSAP CO Jury Panels Muni Court LEG 12-1 09/10/1986 12/31/2007 02/10/2009 01/01/2009 AGREEMENT REGARDING JURY PANELS FOR MUNICIPAL COURT FINDINGS A. The City of Bremerton (hereinafter City) has a municipal court for which it needs, from time to time, panels of petit jurors; and B. Municipal court jurors shall be selected in the same manner as superior court jurors pursuant to RCW 2.36.050; and C. Jury management activities may be performed by the superior court on behalf of courts of limited jurisdiction pursuant to an agreement between the judges of each representative court pursuant to RCW 2.36.052; and D. Kitsap County (hereinafter County) is capable of providing jury panels for City's court through the Kitsap County Superior Court Clerk (hereinafter Clerk); and E. Superior court jurors are county employees for purposes of worker's compensation coverage under the Industrial Insurance Act, Title 51 RCW. NOW THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed as follows: Section 1. Jury panels provided. Clerk shall provide to City, so often as City requests, a panel of up to twenty potential jurors from which City may select persons to serve on its petit juries. Clerk shall follow the statutes and rules applicable to superior court petit juries in providing such potential jurors. To this end, Clerk's duties shall include, but are not necessarily limited to: a. Electronic, random selection of prospective jurors; b. Serving juror summonses; c. Receiving requests for excuses from jury service; d. Directing veniremen to the proper time and place for jury service; e. Payment of mileage and per diem. Section 2. Payment by City. City shall pay County four hundred and fifty dollars for the first day a jury panel, or portion thereof, reports for duty or serves upon a City case. For each day thereafter that the same jury panel serves, City shall pay County one hundred and fifty dollars. Clerk shall bill City monthly for services due under this agreement. City shall pay such bills within thirty days. Jury Panel Agreement ! Section 3. Call for panel. City shall notify Clerk of the need for a jury panel no later than four o'clock p.m. on the day before the panel is needed. Section 4. Call off. Once City has called Clerk to provide a jury panel, City shall notify Clerk no later than four o'clock p.m. on the day prior to jury service that the panel is no longer needed. In the event City fails to meet this deadline, it shall be charged the normal fee for providing a panel of jurors. Section 5. Payment to iurors. County shall pay, on behalf of City, the following fees to veniremen: a. Per diem: ten dollars per day; b. Mileage: at the rate established by the Director of Financial Management pursuant to RCW 2.36.150 and RCW 43.03.060. County shall not be obliged to pay for meals, lodging, or parking. City shall provide parking opportunities at no cost to veniremen. Section 6. Duties of City. City shall record the names, addresses and mileage of all veniremen raperting for duty. In addition, City shall record the names of all jurors serving more than one day and the number of days served by each. City shall provide the foregoing information to the Clerk within five working days. Section 7. Risk of Non-repertin,q. City shall bear the risk and consequences of veniremen not reporting for service as directed by Clerk. S~ction 8. Status of iurors. For purposes of this agreement and the Industrial Insurance Act, any person summoned for City municipal court jury duty is an employee of the City. Section 9. American with Disabilities Act. City shall comply with all provisions of the American with Disabilities Act (ADA) which are applicable, including but not limited to Title 2 of the ADA. The parties agree that compliance as it relates to the structural aspects of the County building is not the responsibility of the City as the building is owned by the County. Section 10. Term. This agreement shall become effective upon signing and will expire December 31, 2007. Section 11. Termination. Any party may terminate this agreement by providing thirty days written notice to the other. Jury Panel Agreement 2 Section 12. Modification, This agreement may be modified only by wdtten agreement of all parties. DATED this ~'{4/1 day of ~ ,2002. JUDGES OF THE SUPERIOR COURT OF THE COUNTY OF KITSAP Leila Milh A~"~a I Laude Terry I~. McCluskey Russ/ell W. Hartmah Jury Panel Agreement 3 DATED this ~,1~, day of I~"~J,~'~--'' ,2002. DAVID W. PETERSON Kitsap County Clerk DATED this ,~. day of ~,¢~,~ . ,2002. ATTEST: Ci~ Clerk Jury Panel Agreement 4 SECOND ADDENDUM TO AGREEMENT REGARDING JURY PANELS FOR MUNICIPAL COURT This addendum modifies the Agreemem Regarding Jury Panels for Municipal Court previously entered into by the below-signed parties as follows: Effective January 1, 2002, Section 2, Payment By City, is amended to read as follows: City shall pay County four hundred and fift~ dollars for each day a jury panel, or portion thereof, reports for duty or serves upon a City case. Clerk shall bill City monthly for services due under this agreemem. City shall pay bills within thirty days. Effective July 1, 2002, Section 5(a), Payment To Jurors, is amended to read as follows: a. Per Diem - ten dollars l~r day for the first day of service; twenty-five dollars per day for each additional day of service within the same service period; Except as modified by this addendum, all of the terms and conditions of the Agreement Regarding Jury Panels for Municipal Court and prior addendum remain in effect. JUDGES OF THE SUPERIOR COURT OF THE COUNTY OF KITSAP Leonard W. Costello, Presiding Judge M. Karlynn Haberly William J. Kamps Anna M. Laurie Terry K. McCluskey LeilaMills Jay B. Roof Date: ,2001 Dean C. Logan, Kitsap County Clerk Date: ,2001 CITY OF BREMERTON Name/Title: Date: _, 2001 ATTEST: City Clerk: Second Addendum to Agreement Regarding Jury Panels for Municipal Courts Page 2 ADDENDUM TO AGREEMENT REGARDING JURY PANELS FOR MUNICIPAL COURT ENTERED JANUARY, 1991 Section 2, Payment bv City is hereby amended as follows: City shall pay County three hundred and fifty_ dollars per day for each day a jury panel, or portion thereof reports for duty or serves upon a City case. Clerk shall bill City monthly for services due under this agreement. City shall pay bills within thirty days. Add: Section 12, Americans With Disabilities Act: City shall comply with all provisions of the Americans with Disabilities Act (ADA) which are applicable, including but not limited to Title 2 of the ADA. All other terms and conditions of the Agreement remain in effect. JUDGES OF THE SUPERIOR ~.OURT .... P[~e,siding w. KRUSE, / DATED this~ 0 ~ day of ,1992. ROBERT L. FREUDENSTEIN, Kitsap County Clerk DATED this ,~ c~ day of .~ ~Z,.,~,~ ,~af'". 1992. NAM~E/TITLE: P"/~t- °r'~/K CITY CLERK MPP: September 6, 1990 AGREEMENT REGARDING JURY PANELS FOR MUNICIPAL COURT FINDINGS A. The City of Bremerton (hereinafter City) has a municipal court for which it needs, from time to time, panels of petit jurors; and B. Municipal court jurors shall be selected in the same manner as superior court jurors pursuant to RCW 2.36.050; and C. Jury management activities may be performed by the superior court on behalf of courts of limited jurisdiction pursuant to an agreement between the judges of each representative court pursuant to RCW 2.36.052; and D. Kitsap County (hereinafter County) is capable of providing jury panels for City's court through the Kitsap County Superior Court Clerk (hereinafter Clerk); and E. In a recent decision by the Supreme Court of the State of Washington, Bolin v. Kitsap County, 114 Wn.2d 70, 785 P.2d 805 (1990), the court held that superior court jurors are county employees for purposes of worker's compensation coverage under the Industrial Insurance Act, Title 51 RCW. NOW THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed as follows: Section 1. Jury panels provided. Clerk shall provide to City, so often as City requests, a panel of up to fifteen potential jurors from which City may select persons to serve on its petit juries. Clerk shall follow the statutes and rules applicable to superior court petit juries in 1 providing suc5 potential jurors. To this end, Clerk's duties shall include, but are not necessarily limited to: a. Electronic, random selection of prospective jurors; b. Serving juror summonses; c. Receiving requests for excuses from jury service; d. Directing veniremen to the proper time and place for jury service; e. Payment of mileage and per diem. Section 2. Payment bv City_. City shall pay County three hundred and twenty five dollars per day for each day a jury panel, or portion thereof reports for duty or serves upon a City case. Clerk shall bill' city monthly for services due under this agreement. City shall pay such bills within thirty days. ~ Section 3. Call for panel, city shall notify Clerk of the need for a jury panel no later than four o'clock p.m. on the day before the panel is needed. Section 4. Call off. Once City has called Clerk to provide a jury panel, City shall notify Clerk no later than four o'clock p.m. on the day prior to jury service that the panel is no longer needed. In the event City fails to meet this deadline, it shall be charged the normal fee for ~ · providing a panel of jurors. Section 5. Payment to jurors. County shall pay, on behalf of City, the following fees to juror and veniremen: a. Per diem - ten dollars per day; b. Mileage - at the rate established by the Director of Financial Management pursuant to RCW 2.36.150 and RCW 43.03.060. County shall not be obliged to pay for meals or lodging. 2 Section 6. Duties of City. City shall record the names, addresses and mileage of all veniremen reporting for duty. In addition, City shall record the names of all jurors serving more than one day and the number of days served by each. city shall provide the foregoing information to the Clerk within five working days. Section 7. Risk of Non-remortin~. City shall bear the risk and consequences of veniremen not reporting for service as directed by Clerk. Section 8. Status of Jurors. For purposes of this agreement and the Industrial Insurance Act, any person summoned for city municipal court jury duty is an employee of the City. Section 9. Term. This agreement shall be in effect for ten years from the latter of the dates it is signed below. . Section 10. Te~ination. Any party may terminate this ~agreement by providing thirty days written notice to the other. Sect~on 11. Modification. This agreement may be modified only by written agreement of all parties. DATED this __ day of , 1990. ~DGES OF THE SUPERIOR CO~T OF THE~O~TY OF KITSAP 3 KAREN B. CONOLEY ROBOT L. F~UD~STEIN Kitsap County Clerk ~o ~i~ I~ ~y o~ ~ ~ ~0. ~yo~,, Ci~7 of Br~m~r~on A~EST: 4 RAF: 8-6-86 AGREEMENT REGARDING JURY PANELS FOR MUNICIPAL COURT WHEREAS, the City of Bremerton (hereinafter City) has a municipal court for which it needs, from time to time, panels of petit jurors; and WHEREAS, pursuant to RCW 2.36.050 municipal court jurors are to be selected in the same manner of Superior Court jurors; and WHEREAS, Kitsap County (hereinafter County) is capable of providing jury panels for City's court through the'Kitsap County superior court Clerk (hereinafter Clerk); NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed as follows: Section 1. Jury panels provided. Clerk shall provide to City, so often as City requests, a panel of up to fifteen potential )urors from which City may select persons to serve on its petit juries. Clerk shall follow the statutes and rules applicable to Superior Court petit juries in the providing such potential jurors. To this end, Clerk's duties shall include, but are not necessarily limited to: a. Electronic, random selection of prospective jurors; b. Serving )uror summonses; c. Receiving requests for excuses from jury service; d. Directing veniremen to the proper time and place for jury service; e. Payment of mileage and per diem, 1. Section 2. Payment by City. City shall pay County three hundred and twenty five dollars per day for each day a }ury panel, or portion thereof, reports for duty or serves upon a City case. Clerk shall bill City monthly for services due under this agreement. City shall pay such bills within thirty days. Section 3. Call for panel. City shall notify Clerk of the need for a jury panel no later than four o'clock p.m. on the day before the panel is needed. Section 4. Call off. Once City has called Clerk to provide a jury panel, City shall notify Clerk no later than f~ o'clock p.m. on the day prior to jury service that the panel is no longer needed. In the event City fails to meet this deadline, it shall be charged the normal fee for providing a panel of jurors. Section 5. Payment to iurors. County shall pay, on behalf of City, the following fees to jurors and veniremen: a. Per diem -- ten dollars per day; b. Mileage -- twenty two and one-half cents per mile. County shall not be obliged to pay for meals or lodging. Section 6. Duties of City. City shall record the names, addresses and mileage of all veniremen reporting for duty. In addition, City shall record the names of all jurors serving more than one day and the number of days served by each. City shall provide the foregoing information to Clerk within five working days. Section 7. Risk of non-reporting. City shall bear the risk and consequences of veniremen not reporting for service as directed by Clerk. Section 8. Term· This agreement shall be in effect for one year. Section 9. Termination· Either party to this agreement may terminate it upon thirty days' written notice to the other. OATED this~ of ~T~_. ~9~ . BOARD OF COUNTY CO~ISSIO~RS KITSAP CO~TYo WASHINGTON ~/ DATED this of 19 Kitsap County Clerk DATED this 3 of ~ . ~9 ~ ATTEST: City Clerk