HomeMy WebLinkAbout26-003 - Contract - Jennifer Miller - 2026-2029 Municipal Court Judge Pro TemCity of Tukwila Contract Number: 26-003
6200 Southcenter Boulevard, Tukwila WA 98188 Council Approval N/A
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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 Jennifer
Miller, hereinafter referred to as"the Contractor,"for the purpose of providing the services of
Municipal Court Judge Pro Tem forthe 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,
INCONSIDERATION OF the mutual benefits and conditions hereinafter contained, the
parties hereto agree as follows:
Scope 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 City with all of the powers,
duties, privileges,and obligations that said office confers under State lawandthe Tukwila
Municipal Code. 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 these services as needed.
Consideration. As consideration for services provided herein, the City agrees to
compensate the Contractor at the rate of ninety ($90) dollars per hour with a two hour
minimum payment. The total amountto be paid underthis agreementshall not exceed
twenty thousand ($20,000.00) dollars per calendar year.
3. Duration of Contract. This Contract shall be in full force and effect for a period
commencing January 1, 2026 and ending December 31, 2029, unless sooner
terminated under the provisions hereinafter specified.
4. Qualification. The Contractor declares that he/she is qualified to serve as a Municipat 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.
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 Cityshall 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.
6. Indemnification. The Contractorshall defend, indemnify and hold the City, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including Contractorfees 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 by the sole negligence of the City.
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.
B. These records shall be maintained fora period of seven (7) years after termination hereof
unless permission to destroy them is granted bytheoffice ofthe archivist in accordance
with RCW Chapter40.14and bythe City.
S. 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 bylaw during
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
Contractorshall 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. Assignment and Subcontract. The Contractor sha It not assign orsubcontract any portion
of the services contemplated by this Contract.
12. 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
Contract, shall be deemed to exist or bind any of the parties hereto. Either party may
request changes in the Contract. Proposed changesthatare mutuallyagreed upon shaitbe
incorporated by written amendments to this Contract.
13. Severability and Survival. Ifanyterm, condition or provision of this Agreement isdeclared
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.
PRO TEM JUDGE CONTRACT
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14. Notices. 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 shall be sent to the following address:
2916 N E 55th St
Seattle, WA 98105
15. Annlicable Law; Venue; Attorney'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 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.
DATED 15th day of December 2025.
CITY OF TUKWILA
Valerie Marino, Deputy Judicial Administrator
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Signed by:
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Thomas McLeod, Mayor
ATTEST/AUTHENTICATED:
Signed by:
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Andy Youn-Barnett, City Clerk
PRO TEM JUDGE CONTRACT
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CONTRACTOR
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Jennifer Miller, WSBA No. 31600
APPROVED AS TO FORM
Signed by:
99CAfilE.
Office of the City Attorney