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Home My WebLink About20-016 - Jennifer Cruz - Pro Tem Municipal Court Judge ServicesCity of Tukwila Contract Number'. 20—016 CONTRACT FOR PRO TEM MUNICIPAL COURT JUDGE SERVICES This Contract is entered into by and between 'the City of Tukwila, Washington, a non - charter optional municipal code city, hereinafter referred to as "the City^ and Jennifer Cruz, hereinafter referred to as "the [ontnactor." for the purpose of providing the services of o Municipal Court Judge Pro Tern for the TvkwiiaMunicipal 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 par -ties hereto agree asfollows: 1. Scovmmf 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 semice,,`the Contractor shalt atall times comply with all Federal, 5tate, and local statutes, rules and ordinances. and the Canons of Judicial Conduct. The TukvviiaMunicipal Court Judge shall schedule these services asneeded. 2. Consideration. As consideration for services provided herein, the City agrees to compensate the Cnntractor, at the rate of sixty ($60.00) dollars per hour with a two-hour minimum payment, The total amount to be paid under this agreement shall not exceed ten thousand ($l0,00Q.UQ)dollars. 3. Duration of Contract. This Contract shall he in full force and effect for o period commencing February 24. 2030 and ending December 31, 202I unless sooner terminated Linder the provisions hereinafter specified, 4 Qumilificatinm. The Contractor declares that he/she is qualified toserve as 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 \avv before the courts of record of the State ofWashington, 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 [ontractorshaK be entitled to any benefits accorded City employees by virtue of the services provided under this Contract. The City shall not beresponsible for withholding or � �' � ,�` �~o �� ,PCLLS otherwise deducting federal income tax or social security or contributing to the State )ndustria\ Insurance Program, or otherwise assuming the duties of an employer with respect tnthe Contractor, orany employee of the Contractor. 6. Indemnification. The Contractor shall defend, indemnify and hold the [ity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including Contractor fees arising out ofor 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. T. Record Kweping_AndReporting. 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 ofthis Agreement. B. These records shall be maintained for a period of seven N years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with R[VVChapter 4Ol4and bvthe City. 8. Audits and Inspections. The records and documents with respect toall matters covered by this Agreement shall be subject at all tirnes to inspection, review or audit by law dUring the performance ofthis Agreement, 9. Termination. This Contract may at anytime be terminated bythe City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same, 18. 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 ohentation, gender identity, marital status, political affiliation orthe presence ofany disability. 11,8ssienThe [on�actmrshall not assign ursubcontract any pordon nfthe services contemplated bythis Contract, 1I,EntiOe Aizreem@ent. This agreement contains the entire agreement between the parties hereto and no other agreements, oral or otherwise, regarding the subject matter nfthis Contract, shalt be deemed to exist or bind any of the parties hereto. Either party may request changes inthe Contract. Proposed changes that are mutually agreed upon shall be incorporated bywritten amendments tothis Contract. 13,Sevmrabi0tyand Survival. |fany term, condition orprovision ofthis Agreement bdeclared 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 hu|h enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the comp|edmn, expiration or cancellation of this Agreement' shalt survive termination ofthis Agreement, [RUZPROTEMJUDGE CONTRACT 14. Notices. Notices to the City of Tukwila sh all besent to the following address: City Clerk City ufTukwila 630OSouthcenterBlvd. Tukwila WA98l88 Notices to the Contractor shall be sent to tile following address� Jennifer Cruz (,S��CO-14 f-0 f ' -A,�S W|fnolb -Wa�L\ Sf0*-tf W4.01 ig 1:3 G 15,ApPDcabiw Law; Venue; AttmrnmV'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 [aid 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 day of__ CITY OF TUKWILA � Mayor Allan Ekberg [RUIPRO TEMJUDGE CONTRACT 20I0. CONTRACTOR ,~7^ w��/'