HomeMy WebLinkAbout19-091 - Law Offices of Richard H Kaiser - Workplace Investigation\,AIL
City of Tukwila Contract Number:
0 6200 Southcenter Boulevard, Tukwila WA 98188 19-091
Council Approval N/A
19
and WHEREAS, the City has a need to have certain legal services performed for its citizens;
WHEREAS, the City desires to have the Contractor perform. such; ser'/ices 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. Scoge and Schedule of Services to be Performed_by Contra;Aor. The Contractor shall
perform investigation services, including drafting findings and conclusions as requested, at the
direction of the City Attorney and/or Human Resources Director. The Contractor shall request and
obtain prior written approval from the City if the scope of work or schedule of services is to be
modified in any way.
2. COMDensation and Method, of Pavment. The City shall pay the Contractor for services
rendered at the rate of $ — 270.00 per hour. Total payment by City to Contractor under this
Agreement shall not exceed to exceed $5,000.
3. Contractor BUja_et. The Contractor shall apply the funds received under this Agreement
within the maximum limits set forth in this Agreement.
4. Duration of AgLqement. This Agreement shall be in full force and effect for a period
commencing May 1, 2019, and ending December 31. 2019, unless sooner terminated pursuant to
paragraph 8 of this Agreement.
5. IndeDendent Contractor. Contractor and City agree that Contractor is an independe
contractor with respect to the services provided pursuant to this Agreement. Nothing in th
Agreement shall be considered to create the relationship of employer and employee between t �]
parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefi
accorded City employees by virtue of the services provided under this Agreement. The City sh
not be responsible for withholding or otherwise deducting federal income tax or social security
contributng to the State Industrial Insurance Program, or otherwise assuming the duties of
employer with respect to the Contractor, or any employee of the Contractor.
6. Indemnification. The Contractor shall indemnify, defend and hold harmless the City, i.
officers, agents and employees, from and against any and all claims, losses or liabili-
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against the City, its officers, agents and employees, the Contractor expressly waives its immunity
under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its
employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in
this paragraph extends to any claim brought by or on behalf of any employee of the Contractor.
This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage
resulting from the sole negligence of the City, its agents and employees. To the extent any of the
damages referenced by this paragraph were caused by or resulted from the concurrent negligence
of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid
and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and
employees.
7. Insurance. The Contractor shall procure and maintain in full force throughout the
duration of this Agreement professional liability insurance with a minimum coverage of $1,000,000
per claim and $3,000,000 aggregate. Contractor shall provide evidence of such coverage in a
manner and form acceptable to the City in the City's sole discretion. Cancellation of the required
insurance shall automatically result in termination of this Agreement.
8. Termination. This Agreement 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.
9. Discrimination Prohibited. The Consultant, with regard to the work performed by it
under this Agreement, will not discriminate on the grounds 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 in the selection and retention of employees
or procurement of materials or supplies.
10. ASSLqnrnqnt and Subcontract. The Contractor shall not assign or subcontract any
portion of the services contemplated by this Agreement, except for prosecution services, without the
written consent of the City.
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 Agreement,
shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the
agreement. Proposed changes which are mutually agreed upon shall be incorporated by written
amendments to this Agreement and with the consent of the City Council.
12. 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
Notices to the Contractor shall be sent to:
Richard H. Kaiser
LAW OFFICES OF RICHARD H. KAISER
4957 Lakemont Blvd SE Ste, C-4 #162
Bellevue, WA. 98006
rhk@,rickkaiser.com
13. Applicable Law,• Venue: Attome '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,
CA Revised: December 2016 Page 2
or other proceeding is instituted to enforce 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.
14. 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.
DATED this day of , 2019.
�.,..M, _ By.
Allan Ekberg, or e,-e" Richard H. Kaiser, Law Offices of Richard H.
Kaiser
ATTE�Ti I T N'ENTIOATED
CNt Ierk, hristy '''Flaherty
CA Revised: December 2016 Page 3