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HomeMy WebLinkAboutMcFaul, Anna - 2007 Prosecutorial Services Agreement CITY OF YAKIMA PROSECUTORIAL SERVICES AGREEMENT 2007 THIS PROSECUTORIAL SERVICES AGREEMENT (hereinafter "Agreement ") is made and entered into the 29th Day of November 2007, by and between ANNA MCFAUL, 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, ANNA MCFAUL 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 ANNA MCFAUL as follows: 1. Duties. ANNA MCFAUL 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; and all proceedings in connection with deferred prosecutions. 2. Term. The term of this Agreement shall commence on November 29. 2007, and shall continue until terminated under Section 8 or Section 14 of this Agreement. 3. Compensation. In return for the above - enumerated services, ANNA MCFAUL, shall receive compensation at the rate of Forty ($40.00) per hour, payable in bi- weekly installments upon proper voucher for the same, submitted by ANNA MCFAUL and received by the City Attorney at 200 South Third Street, Yakima, Washington. 4. Taxes and Assessments. ANNA MCFAUL shall be solely responsible for compensating he 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 ANNA MCFAUL 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 ANNA MCFAUL. No agent, employee, subcontractor, or representative of ANNA MCFAUL, nor ANNA MCFAUL 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 ANNA MCFAUL will be solely and entirely responsible for his acts and for the acts of his agents, employees, subcontractors, or otherwise, during the performance of this Agreement. Additionally, and as an independent contractor, ANNA MCFAUL 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 ANNA MCFAUL may be eligible for industrial insurance from the City. 6. Non - Discrimination. ANNA MCFAUL 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. ANNA MCFAUL 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 ANNA MCFAUL 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 ANNA MCFAUL 10. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by ANNA MCFAUL 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 ANNA MCFAUL 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. Page 2 of 4 Cim /Contractatt07 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 a written notice of termination at least fourteen (14) calendar days in advance of the termination date. In the event of such termination, ANNA MCFAUL shall be entitled to compensation in accordance with Section 3 for his 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 ANNA MCFAUL: ANNA MCFAUL 940 Garden Drive Moses Lake, WA 98837 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. ANNA MCFAUL 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. Further, ANNA MCFAUL specifically represents that she is not an officer or an Page 3 of 4 Cim /Contractatt07 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 29 day of November, 2007. CITY OF YAKIMA BY: lefilY - F - ' �° RAYMOND PAOLELLA ANNA MCFAUL City Attorney Attorney at Law Authorized: By: R. A. ZAIS, ., City Manager ATTEST: • CV-1A__ iii /ZI l City Clerk City Contract No. 0V Fil' Page 4 of 4 Cim /Contractatto7