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.
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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 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
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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
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City Clerk
City Contract No. 0V Fil'
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