HomeMy WebLinkAboutLepinski, Rebecca - Prosecutorial Services AgreementCITY OF YAKIMA
PROSECUTORIAL SERVICES AGREEMENT
THIS PROSECUTORIAL SERVICES AGREEMENT (hereinafter "Agreement ") is
made and entered into the 19th Day of August, 2009, by and between REBECCA
LEPINSKI, and the CITY OF YAKIMA, a municipal corporation, (hereinafter the "City ").
WHEREAS, Yakima Municipal Code 1.18.017 empowers the Yakima City
Attorney to engage special legal counsel when appropriate for the volume of legal work
assigned to the City of Yakima Legal Department.
WHEREAS, the Legal Department has insufficient attorney staff available to
provide the necessary level of prosecutorial services required to address the current
caseload of the City of Yakima Municipal Court (hereinafter "Municipal Court").
WHEREAS, REBECCA LEPINSKI is an attorney licensed to practice law in the
State of Washington and has the expertise necessary to provide said prosecutorial
services and agrees to perform these services for the City under the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and REBECCA
LEPINSKI as follows:
1. Duties. REBECCA LEPINSKI shall provide prosecutorial services for the
City of Yakima in the Municipal Court. Such services shall include legal representations
at all stages of the proceedings, including but not limited to: representation at the time
of arraignment; change of plea; pre -trial motions; sentencing; probation revocation
hearings; sentence reviews; status conferences; trials; and all proceedings in
connection with deferred prosecutions.
2. Term. The term of this Agreement shall commence on August 19, 2009
and shall continue until terminated under Section 8 or Section 14 of this Agreement.
3. Compensation. In return for the above - enumerated services, REBECCA
LEPINSKI, shall receive compensation at the rate of Fifty dollars ($50.00) per hour,
payable in bi- weekly installments upon proper voucher for the same, submitted by
REBECCA LEPINSKI and received by the City Attorney at 200 South Third Street,
Yakima, Washington.
4. Taxes and Assessments REBECCA LEPINSKI shall be solely
responsible for compensating her employees and for paying all related taxes,
deductions, and assessments, including but not limited to, leasehold excise taxes,
federal income tax, FICA, social security tax, assessments for unemployment and other
deductions from income which may be required by law.
5. Independent Contractor. The parties agree that REBECCA LEPINSKI is
an independent contractor with the responsibility and authority to control and direct the
performance of the details of the work described herein, in accordance with the terms
and conditions of this Agreement. The implementation of contracted activities and the
results to be achieved are solely the responsibility of REBECCA LEPINSKI. No agent,
employee, subcontractor, or representative of REBECCA LEPINSKI, nor REBECCA
LEPINSKI herself shall be deemed to be an employee, agent, servant, or
representative of the City of Yakima or the Municipal Court for any purpose except as
described herein, and REBECCA LEPINSKI will be solely and entirely responsible for
her acts and for the acts of her agents, employees, subcontractors, or otherwise, during
the performance of this Agreement. Additionally, and as an independent contractor,
REBECCA LEPINSKI and her employees shall make no claim of City employment nor
shall claim against the City any related employment benefits, social security, and /or
retirement benefits, provided, however that REBECCA LEPINSKI may be eligible for
industrial insurance from the City.
6. Non- Discrimination. REBECCA LEPINSKI shall not discriminate on the
basis of race, creed, color, national origin, sex, religion, marital status, political
affiliation, or the presence of any physical, mental, or sensory handicap in his
performance of the prosecutorial services required under this Agreement.
7. Compliance With Law. REBECCA LEPINSKI agrees to perform all
prosecutorial services required under and pursuant to this Agreement in full compliance
with any and all applicable laws, rules, and regulations adopted or promulgated by any
governmental agency or regulatory body, whether federal, state, local, or otherwise.
8. Professional Eligibility. Should REBECCA LEPINSKI become ineligible
to practice law in Washington State for any reason, this Agreement shall terminate
immediately.
9. No Insurance. It is understood the City does not maintain liability
insurance for or on behalf of REBECCA LEPINSKI.
10. Assignment. This Agreement, or any interest herein, or claim hereunder,
shall not be assigned or transferred in whole or in part by REBECCA LEPINSKI to any
other person or entity without the prior written consent of the City. In the event that
such prior written consent to an assignment is granted, then the assignee shall assume
all duties, obligations, and" liabilities of REBECCA LEPINSKI as stated herein.
11. Non - Waiver. The failure of either party to insist upon strict performance
of any provision of this Agreement or to exercise any right based upon a breach thereof
or the acceptance of any performance during such breach shall not constitute a waiver
of any right under this Agreement.
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12. Severability. If any portion of this Agreement is changed per mutual
Agreement or any portion is held invalid, the remainder of the Agreement shall remain
in full force and effect.
13. Integration ,and Supersession. This Agreement sets forth all of the
terms, conditions, and agreements of the parties relative to the subject matter hereof
and supersedes any and all such former agreements which are hereby declared
terminated and of no further force and effect upon the execution and delivery hereof.
There are no terms, conditions, or agreements with respect thereto, except as herein
provided and no amendment or modification of this Agreement shall be effective unless
reduced to writing and executed by the parties.
14. Termination of Agreement. Either party may terminate, with or without
cause, this Agreement by providing the other party with an oral or written notice of
termination at least fourteen (14) calendar days in advance of the termination date. In
the event of such termination, REBECCA LEPINSKI shall be entitled to compensation
in accordance with Section 3 for her prosecutorial services provided through the
termination date.
15. Notices. Unless stated otherwise herein, all notices and demands shall
be in writing and hand - delivered or sent to the parties at their addresses as follows:
TO CITY:
City Attorney
Yakima Legal Department
200 South Third Street
Yakima, WA 98901
TO REBECCA LEPINSKI: REBECCA LEPINSKI
4602 Tieto E31 i- PrZiuE AP'f
Yakima, Wa
(949) 295 -4208
or to such other addresses as the parties may hereafter designate in writing. Notices
and /or demands shall be sent by registered or certified mail, postage prepaid, or hand -
delivered. Such notices shall be deemed effective when mailed or hand - delivered at
the addresses specified above.
16. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
17. Venue. The venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of Washington for Yakima County, Washington.
18. No Conflict,of Interest. REBECCA LEPINSKI represents that she does
not have any interest and shall not hereafter acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of this Agreement.
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Further, REBECCA LEPINSKI specifically represents that she is not an officer or an
employee of the City, nor does she reside with or contribute monetary amounts to any
City employee or officer.
19. Survival. Any provision of this Agreement which imposes an obligation
after termination or expiration of this Agreement shall survive the term or expiration of
this agreement and shall be binding on the parties to this Agreement.
Dated this 19th day of August, 2009.
CITY OF YAKIMA
By:
JE7e&TER
CK y Attorney
Authorized:
By:
R. A. ZAIS, J ity Manager
ATTEST:
City Clerk
City Contract No. ,2-609 -16 a-
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