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HomeMy WebLinkAbout23-151 - Ross D. Brittain - Prosecution Services City of Tukwila Contract Number: 23-151 Council Approval N/A 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR PROSECUTION SERVICES This Agreement 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 hereinafter referred to as “the Contractor”. WHEREAS, the City has determined the need to have certain services performed for its residents but does not have the staffing 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 and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, ordinances and rules applicable to the performance of such services. Compliance with these standards goes to the essence of this Agreement. The Contractor shall request and obtain prior written approval from the City if the scope of services is to be modified in any way. 2.Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. 3.Duration of Agreement. This Agreement shall be in full force and effect for a period commencing August 23, 2023 and ending upon resolution of the Hudman case(s) unless sooner terminated under the provisions hereinafter specified. 4.Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. 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. 5.Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Brittain Conflict Prosecution Services Agreement Page 1 of 6 the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. nsurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against 6.I claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. . Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits A described below: utomobile Liability: The Contractor shall procure and maintain in full force throughout the 1.A duration of this Agreement Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. ommercial General Liability: Waived. 2.C 3.Workers’ Compensation: The Contractor shall procure and maintain Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4.Professional Liability Insurance: The Contractor shall procure and maintain in full force throughout the duration of this Agreement Professional Liability insurance with a minimum coverage of $2,000,000 per claim and $2,000,000 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. ther Insurance Provision. The Contractor’s Automobile Liability and Commercial General Liability B.O insurance policies are to contain or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. C.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D.Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Brittain Conflict Prosecution Services Agreement Page 2 of 6 E.Notice of Cancellation.The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. 7.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 and to ensure compliance with the Public Records Act, chapter 42.56 RCW. 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. 8.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, to the extent permitted by law. 9.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. Failure to provide products on schedule may result in contract termination. If the Contractor’s insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 10.Discrimination Prohibited. The Contractor, 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, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 11.Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. If the Contractor is unable to attend Court due to illness, vacation or unforeseen circumstances, she will make arrangements with a qualified attorney to cover in her absence. If coverage is needed for more than 5 consecutive Court days, the Contractor will obtain written approval from the City. ntire Agreement. This Agreement, together with attachments or addenda, represents the entire and 12.E integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. otices. 13.N Notices to the City of Tukwila shall be sent to the following address: City Administrator City of Tukwila 6200 Southcenter Blvd. Tukwila WA 98188 Brittain Conflict Prosecution Services Agreement Page 3 of 6 EXHIBIT A - SCOPE OF SERVICES 1.Court Appearances. Appear at all criminal calendars in Tukwila Municipal Court on behalf of the City of Tukwila pertaining to Preston Hudman including but not limited to: in-custody/out-of-custody arraignments, pretrial hearings and motions, readiness hearings, bench trials, jury trials, sentencings, and review hearings. Represent the City in appeals in connection with Mr. Hudman’s case(s). 2.Case Preparation. Conduct investigations, contact witnesses, advise victims regarding their rights and responsibilities, coordinate with the victim advocate when appropriate, conduct plea bargain negotiations and make appropriate plea offers consistent with the laws and regulations as well as City of Tukwila standards and policies, make sentencing and bail recommendations to the Court, prepare and present legal memoranda, subpoenas, jury instructions and other related materials, argue motions, represent the City at restitution hearings, bench trials, jury trials and review matters post-conviction. 3.Administrative Functions. Administrative functions relating to criminal prosecution hearings such as creation and maintenance of files, and completion of discovery requests. All files shall remain property of the City and shall be returned to the City upon termination of this Agreement or upon request by the City. Contractor shall retain all records in accordance with Washington State document retention laws. Brittain Conflict Prosecution Services Agreement Page 5 of 6 EXHIBIT B - COMPENSATION AND METHOD OF PAYMENT 1.Per Case. The City shall pay the Attorney $150 per hour, billed at tenth of the hour increments, for all court appearances, case preparation and administrative functions referenced in Exhibit A pertaining to this defendant. 2.Invoices. The Contractor shall invoice the City by the tenth day of each month for the previous month services. Brittain Conflict Prosecution Services Agreement Page 6 of 6