Loading...
HomeMy WebLinkAbout14-173 - Phillipson Darrell - Municipal Court Judge Pro TemCity of Tukwila Contract Number: 14 -173 Council Approval N/A 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR PRO TEM MUNICIPAL COURT JUDGE SERVICES This Contract is entered into by and between the City of Tukwila, Washington, a noncharter optional municipal code city, hereinafter referred to as "the City" and Darrell Phillipson, hereinafter referred to as "the Contractor," for the purpose of providing the services of a Municipal Court Judge Pro Tem for the Tukwila Municipal Court. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope of Services. In the absence of the Tukwila Municipal Court Judge, the Contractor agrees to serve as a Municipal Court Judge Pro Tem for the City with all of the powers, duties, privileges, and obligations that said office confers under State law and the Tukwila Municipal Code. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances, and the Canons of Judicial Conduct. The Tukwila Municipal Court Judge shall schedule these services as needed. 2. Consideration. As consideration for services provided herein, the City agrees to compensate the Contractor at the rate of sixty ($60.00) dollars per hour with a two hour minimum payment. The total amount to be paid under this agreement shall not exceed ten thousand ($10,000.00) dollars per calendar year. 3. Duration of Contract. This Contract shall be in full force and effect for a period commencing January 1, 2015 and ending December 31, 2017 unless sooner terminated under the provisions hereinafter specified. 4. Qualification. The Contractor declares that he /she is qualified to serve as a Municipal Court Judge Pro Tem in that he /she is a citizen of the United States and of the State of Washington, and an attorney admitted to practice law before the courts of record of the State of Washington. 5. Independent Contractor. The Contractor and City agree that the Contractor is an independent contractor with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Contractor nor any employee of the Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Contract. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 7. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 8. Termination. This Contract may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Contract immediately. 9. Discrimination Prohibited. In providing the services described in this Contract, the Contractor shall not discriminate against any person on the basis of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability. 10. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Contract. 11. Entire Agreement. This agreement contains the entire agreement between the parties hereto and no other agreements, oral or otherwise, regarding the subject matter of this Contract, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the Contract. Proposed changes that are mutually agreed upon shall be incorporated by written amendments to this Contract. 12. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 13. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 PHILLIPSON, DARRELL PRO TEM JUDGE CONTRACT Page 2 Notices to the Contractor shall be sent to the following address: Darrell Phillipson 25326 121st P1 SE Kent, WA 98030 -6557 14. Applicable Law; Venue; Attorney's Fees. This Contract shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration or other proceeding is instituted to enforce any term of this Contract, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this ray of CITY OF TUKWILA ATTEST /AUTHENTICATED City Clerk Christy G'Flaherty APPROVED AS TO FORM: Office of the City Attorney Rachel Turpin, City Attorney ,2014 CONTRACTOR PHILLIPSON, DARRELL PRO TEM JUDGE CONTRACT Page 3 Darrell Phillipson, WSBA# 465,