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Home My WebLink About20-015 - Erika Evans - Pro Tem Municipal Court Judge Services�� u�x � Contract Number: w~x�v^wxx�mvx"� 6200 SoWthc8Ote[Boulevard, Tukwila \AA98188 CONTRACT FOR PRO TEM MUNICIPAL COURT JUDGE SERVICES 20-015 Council Approval N/A This Contract isentered into bvand between the City ofTukwila, Washington, anon- charter optionai municipal code city, hereinafter referred to as "the City" and Erika Evans, hereinafter referred to as "the Contractor," for the purpose of providing the services of a Municipal Court Judge Pro Tern 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. |nthe absence ofthe Tukwila Municipal Court Judge, the Contractor agrees to serve as a Municipal Court Judge Pro Tern for the City with all of the powers, duties, privileges, and obligations that said office confers under State law and the Tukwila Municipal Code. |nperforming such services, the Contractor shall atall 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 ($60.08) dollars per hour with a two-hour minimumpayment. The total amount to be paid under this agreement shall not exceed ten thousand ($10,000.00) dollars. 3. Duration of Contract. This Contract shall be in full force and effect for a period commencing February 18, 2020 and ending December 31, 2021 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 Tenn 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 nfrecord of the State nfWashington. 5. Independent Contractor. The Contractor and [kv 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 ofemployer 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 1�- 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 tothe Contractor, orany employee ofthe Contractor. 6. indemnification. The Contractor shall defend, indemnify and hold the City, its officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including Contractor fees arising out of or resulting from the acts, errors or omissions of the Contractor in the performance of this Contract' except for injuries and damages caused bythe sole negligence ofthe City. 7, Record Keeping and Rei)mrting. 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 asmay bedeemed necessary bythe City to ensure the performance ofthis 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 RCVVChapter 4O.l4and bythe City. S. Audits and Inspections. The records and documents with respect toall matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance ofthis Agreement. 9. Termination. This Contract may at anytime be terminated by the [kv giving tothe Contractor thirty (30) days written notice of the City's intention to terminate the same. 10. Discrimination Prohibited. In providing the services described in this Contract the Contractor shall not discriminate against any person on the basis ofrace, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation orthe presence ofany disability. 11.Assignment end Subcontract. The Contractor shall not assign orsubcontract any portion of the services contemplated by this Contract. 12,Emtire 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. 13,$evmmmbilitnand Survival. Ifany term, condition nrprovision nfthis Agreement isdeclared void orunenforceable orlimited inits application oreffect, 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 ofthis Agreement. EVANSPRO TEMJUDGE CONTRACT Page 14. Notices. Notices to the City of Tukwila shall be sent tothe following address: City Clerk City o|Tukwi(a G2OODouthcenterBlvd. Tukwila VVA88l88 Notices bothe Contractor shall besent tothe following address: Erika Evans 28OTFranklin Avenue East #6 Seattle, VVA98l82 15. Applicable Law. Venue; Fees. This Contract shall be governed by and construed inaccordance with the laws ofthe State ofWashington. |nthe 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. CITYOFTUKWILA tMayorAllan Ekberg l�/ ATTEST/AUTHENTICATED EVAN3PRO TEMJUDGE CONTRACT Page 3 CONTRACTOR ~~