HomeMy WebLinkAbout25-289 - Contract - Tricia Johnson - Municipal Court Judge Pro Tem25-289
City of Tukwila Council Approval N/A
6200 South center Boulevard, Tukwila WA 98188
CONTRACT FOR PRO TEM MUNICIPAL COURT JUDGE SERVICES
This Contract is entered into by and between the City of Tukwila, Washington, a
noncharter optional municipal code city, hereinafter referred to as "the City" and Tricia
Johnson, hereinafter referred to as "the Contractor," for the purpose of providing the services
of Municipal Court Judge Pro Tem 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 havethe Contractor perform such services pursuantto
certain terms and conditions; now, therefore,
INCONSIDERATION OF the mutual benefits and conditions hereinafter contained, the
parties hereto agree as follows:
1. Scone of Services. In the absence of the Tukwila Municipal Court Judge, the Contractor
agrees to serve as a Municipal Court Judge Pro Tem for the Citywith all of the powers,
duties, privileges, and obligationsthat said office confers under State law and the Tukwila
MunicipalCode. In performing such services, the Contractor shall at all 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 theseservices as needed.
2. Consideration. As consideration for services provided herein, the City agrees to
compensate the Contractor at the rate of eighty ($80) dollars per hour with a two hour
minimumpayment. The total amount to be paid underthis 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 October 15, 2025 and ending December 31, 2029, unless sooner terminated
under the provisions hereinafter specified.
4. Oualification. The Contractor declaresthathe/she is qualified to serve as a 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 law before the courts of record of the
State of Washington.
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
Contractor shall be entitled to any benefits accorded City employees by virtue of the
services provided underthis Contract. The CityshaIt 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 ofthe Contractor,
6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers,
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
da mages caused by thesolenegligence of the City.
7. Record Keeoincr and Resorting,.
A. The Contractor shall maintain accounts andl 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.
B. These records shall be maintained fora period of seven (7) years aftertermi nation hereof
unless permissionto destroy them is granted bytheoffice of the archivist in accordance
with RCW Chapter40,14 and by the City.
8. Audits and Insoections. 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 du!ring
the performance of this Agreement.
9. Termination. This Contract 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.
10. 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 orientation, gender identity, marital
status, political affiliation orthe presence of any disability.
11. Assionment and Subcontract. The Contractor sha It not assign or subcontract a ny portion
of the services contemplated by this, Contract.
12. (Entire Aereement. 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
reqluest changes in the Contract. Proposed changesthat aremutualty agreed upon shall be
incorporated by written amendments to this Contract.
13. Severabititv and Survivat. If a niy term, condition or provision of this Agreement is clecla red
void or unenforcea bte or limited i n 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.
"4-T-Er1j-J11 N -F&AL-T
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14.No,tices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila WA 98188
Notices to the Contractor shalt be sent to the following address:
30103 SE Lake Retreat N. Dr.
Ravensdale, WA 98051
15. Aoulicable Law: Venue: At,tornev'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 orother proceeding is,instituted to enforce anyterm of this Contract, the parties
specifically understand and agree that venue shall be property laid in King County,
Washington. The prevailing party in any such action shall be entitled to its attorney's fees
and costs of suit.
F ml
CITYOFTUIKWILA
V
Valerie Marino, Deputy ,Judicial Administrator
1r1V-G-E,-e#5T rA-A7U-r
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CON
hinson, WSB,
Tricia (7:71 No. 26129