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HomeMy WebLinkAbout12-097 - City of Tacoma - Legal Services for Ethics Appeal HearingContract No. 12 -097 Council Approval N/A AGREEMENT BETWEEN THE CITY OF TUKWILA AND THE CITY OF TACOMA FOR CITY ATTORNEY SERVICES RELATED TO AN ADMINISTRATIVE APPEAL This Agreement is entered into by and between the City of Tukwila, Washington, a municipal corporation of the State of Washington, hereinafter referred to as "Tukwila," and the City of Tacoma, Washington, a municipal corporation of the State of Washington, hereinafter referred to as "Tacoma." WHEREAS, Tukwila has determined the need to use outside counsel to handle an administrative appeal of an ethics code violation due to a conflict of interest; and WHEREAS, Tacoma has agreed to allow Tukwila to use one of its Deputy City Attorneys to handle the administrative appeal on behalf of Tukwila in exchange for payment for said services at the hourly rate of $120.00; NOW, THEREFORE, IN CONSIDERATION OF the mutual benefits and conditions set forth below, the parties hereto agree as follows: 1. Scope of Services. Tacoma shall provide a Deputy City Attorney to handle, on behalf of Tukwila, an administrative appeal of an ethics code violation. Tacoma's Deputy City Attorney shall review Tukwila's file, prepare witnesses for an appeal hearing, prepare, submit and serve any necessary briefing for the hearing, represent Tukwila in the appeal hearing, and perform all other duties necessary to represent Tukwila at the hearing. 2. Compensation. Tukwila shall pay Tacoma for services rendered at the hourly rate of $120.00, in an amount not to exceed $5,000. Tukwila shall not pay nor retroactively approve any amount that is over the "not to exceed amount" without Tukwila's prior written consent. 3. Duration of Contract. This Agreement shall be in full force and effect for a period commencing July 26, 2012 and ending October 1, 2012, unless sooner terminated under the provisions hereinafter specified. 4. Qualification. Tacoma declares that it is competent to provide the services under this Agreement and that its attorneys are admitted to practice law before the courts of record of the State of Washington. 5. Work Product. All data, materials, reports, memorandums and other documents developed under this Agreement, whether finished or not, shall become the property of Tukwila and shall be forwarded to Tukwila at its request and may be used by Tukwila as it sees fit. Tukwila agrees that if it uses products prepared by Tacoma for I m-f cn�� purposes other than those intended in this Agreement, it does so at its sole risk and it agrees to hold Tacoma harmless therefore. 6. Record Keening and Renortin2. A. Tacoma 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 Tukwila to ensure the performance of this 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 RCW Chapter 40.14 and by Tukwila. 7. 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. 8. Independent Contractor. Tacoma and Tukwila agree that Tacoma 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 Tacoma nor any employee of Tacoma shall be entitled to any benefits accorded Tukwila employees by virtue of the services provided under this Agreement. Tukwila 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 Tacoma, or any employee of Tacoma. 9. Termination. This Agreement may at any time be terminated by Tukwila, giving to Tacoma thirty (30) days written notice of Tukwila's intention to terminate the same. 10. Discrimination Prohibited. In providing the services described in this Agreement, Tacoma shall not discriminate against any person on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory, mental or physical handicap. 11. Assignment and Subcontract. Tacoma shall not assign or subcontract any portion of the services contemplated by this Agreement. 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 Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the Agreement. Proposed changes that are mutually agreed upon shall be incorporated by written amendments to this Agreement. -2- 13. 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 Phone: 206 433 -1800 Notices to Tacoma shall be sent to the following address: City Attorney City of Tacoma Tacoma Municipal Building 747 Market Street, Room 1120 Tacoma, WA 98402 14. Applicable Law: Venue: Attomev's Fees. This Agreement 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 Agreement, 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 this I day of At t¢ t., 2012. U CITY OF TUKWILA, WASHINGTON CITY OF TACOM INGTON By: By- �aggert o�or abeth tai, City Attorney Attest /Authenticated: Approved: City Clerk Approved As To Form: Jeff LitchVd, Interim Director Finance I�j artment x. She11Gy'M. Kerslake, City Attorney -3-