HomeMy WebLinkAbout18-082 - Sam Hovenden - Independent Professional Services18-082
Council Approval N/A
CONTRACT FOR SPECIAL SERVICES
The parties to this Agreement, the City of Tukwila (the City) and Sam Hovenden, (the
Consultant), agree as follows:
1. Scope of Services to be Performed by Consultant. The Consultant shall provide
independent professional services in connection with an employment-related arbitration involving
the City and one of its' former police officers. The Consultant understands that his work under
this agreement is to be performed only as requested by the City. The professional services to be
rendered may encompass the following areas: document review, opinions related to police use of
force, authoring expert report, and/or expert testimony.
2. Duration. This Agreement shall commence on May 20, 2018, and shall continue,
unless terminated, until the earlier of the following: trial of this matter or the incurrence of services
in the total amount of $5,000.
3. Compensation. (a) The Consultant will provide the described services personally or
will organize a team to service the City's needs. If the latter, the Consultant agrees that work will
be assigned to the appropriate level of experience to produce cost efficiency. In either event, the
compensation provided hereunder shall be paid to the Consultant directly at the rate identified on
the attached fee schedule (Attachment A). The total amount billed for services will not exceed
$5,000, without the City's prior approval.
(b) The City will pay for necessary and reasonable miscellaneous expenses. All expenses
must be documented with appropriate receipts unless the City arranges direct payment to provider.
(c) The Consultant will submit properly executed invoices with hours expended and
charges made. It is the responsibility of the Consultant to provide sufficient detail of services
performed to permit verification of billings. Professional services will be billed monthly based on
the Consultant's hours incurred and the rates outlined above for each person, plus related expenses.
Billings should be submitted to the Cheryl Thompson at Cheryl.thompson@tukwila.gov; her direct
line is (206) 433-1850. Payment of professional fees and expenses is expected within thirty days
of invoice receipt by the City,
4. Confidential or Proprietary Materials Prepared for the Consultant's Other
Clients. The Consultant understands that the City has not determined whether it will call the
Consultant or any member of the Consultant's team as an expert witness in this matter. If any
Consultant professional assigned to this matter is requested to provide testimony, at deposition or
otherwise, it may be necessary for such person to resist any effort by a third party to elicit, in
connection with that testimony, facts concerning either (a) materials proprietary to the Consultant
or (b) other Consultant clients and/or engagements. This may be necessary due to: (1)
confidentiality agreements or protective orders governing those other engagements; (2) restrictions
on disclosure imposed by other Consultant clients; or (3) other reasons. The City acknowledges
the legitimate interest the Consultant has in maintaining the confidentiality of his proprietary
materials and other clients and engagements. In the event such testimony concerning the
Consultant's proprietary matters or other clients or engagements becomes an issue, the Consultant
will use his best efforts to protect the interests of the City consistent with the Consultant's needs
to protect his proprietary materials and comply with applicable non -disclosure obligations. If
Contract for Special Services
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necessary, the Consultant will engage, at his own expense, his own independent counsel to assist
him in this effort.
5. Changes. No changes or additions shall be made in this Agreement except as agreed
upon by both parties and reduced to writing.
6. Access to Books/Records. The City may, at reasonable times, inspect redacted copies
of time reports and all support for expenses billed by the Consultant relating to performance of
this Agreement.
7. Compliance with Laws. The Consultant shall comply with all applicable federal, state
and local laws in performing this Agreement.
8. Termination. (a) If the Consultant breaches any of his obligations hereunder, and fails
to cure the same within five days of written notice to do so by the City, the City may terminate this
Agreement, in which case the City shall pay the Consultant only for the costs of requested services
actually provided to the City as of the date of termination and in accordance with the terms and
provisions of this Agreement.
(b) The City may terminate this Agreement upon 10 days written notice to the Consultant
for any reason other than stated in subparagraph (a) above, in which case the City shall pay the
Consultant for all costs incurred by the Consultant in performing requested services, in accordance
with the terms and provisions of this Agreement.
(c) Upon termination of this Agreement, no further fees or expenses of the Consultant shall
be paid by the City unless specifically authorized by the City.
9. Attorney Work Product. This Agreement is entered into in anticipation of litigation.
All work product and documents generated by the Consultant in performance of this Agreement
shall be prepared in relation to the anticipation and preparation of litigation and shall be held
confidential by all parties to this Agreement as attorney work product. The Consultant
acknowledges that all materials disclosed to [him/herj by the City, and the work he performs for
the City hereunder, are confidential and proprietary, and the Consultant will abide by all reasonable
restrictions placed by the City on the dissemination of such materials.
In the event that the Consultant is served with a subpoena or other legal process requesting
the disclosure of such materials or work, the Consultant will promptly advise the City of same and
the Consultant will cooperate with all reasonable and lawful requests by the City to prevent the
disclosure of confidential and/or proprietary information pursuant to such subpoena or other
process. Any and all studies, reports, surveys of data, workpapers, or other information prepared
by the Consultant in connection with work performed under this Agreement, shall be the property
of the City, and Consultant waives any right of lien thereon for payment of services.
10. Warranty. Consultant represents and warrants that no disciplinary or regulatory
proceedings are pending against Consultant and that all known conflicts have been disclosed to
the City.
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11. Applicable Law; Venue; Attorney's Fees. This Agreement 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 toenforce any term of this Agreement, 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.
CITY OF TUKWILA
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Title n -k. of
Approved as to Form:
5a���\
chel Turpin, City Attorney Date
Contract for Special Services
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SAM HOVENDEN
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Sam Hovenden Date
***NOTE***
FORM W-9 MUST ALSO BE SIGNED BY CONSULTANT AND RETURNED WITH THIS
AGREEMENT:
Contract for Special Services
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