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HomeMy WebLinkAbout000587 Original ContractPROFESSIONAL SERVICES CONTRACT 1 City of Port Angeles Record #000587 This contract is entered into between the City of Port Angeles, an optional municipal code city of the State of Washington (hereinafter referred to as "City"), and DENNIS DICKSON, Attorney at Law (hereinafter referred to as "Contractor In consideration of the covenants and promises set forth herein, the parties hereto agree as follows: 1. Scope of Services. Contractor agrees to provide the City with legal services in the form of part-time prosecution of misdemeanor cases. Contractor will serve as a back -up to the City Prosecutor on an as- needed basis. Services will include, but not be limited to, appearing on behalf of the City at various District Court calendars. In perfommng the services, Contractor agrees to follow the prosecution philosophy of the City Attorney's office including the paramount goal of promoting public safety and the secondary goal of achieving cost effectiveness (such as using alternative means of prisoner confinement) to the maximum extent practicable. 2. Standard of Services. Contractor shall provide the services under this Contract in accordance with the professional and ethical standards of the legal profession. Contractor shall maintain his license to practice law in the State of Washington in good standing and shall notify the City of any actions or claims that may jeopardize his license and/or good standing. 3. Term. This contract shall commence on April"; 2013, and shall continue until termination as provided herein. 4. Termination. Either party may terminate this contract at will upon thirty (30) days written notice to the other party. 5. Compensation. Contractor's compensation for the services performed herein shall be Sixty Dollars ($60.00) per hour. The minimum payment for each day that the Contractor is scheduled to provide services is Sixty Dollars ($60.00) regardless of the number of cases that may appear on that day's District Court calendar. The maximum compensation for this contract is $15,000. 6. Relationship of Parties. The parties understand and agree that Contractor is a sole practitioner and duly licensed attorney under the laws of the State of Washington. Contractor shall act as an independent contractor and not as an employee of the City. Contractor shall assume full responsibility of all federal, state, and local taxes and contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax withholding and shall not be entitled to the benefits provided by the City to its employees. 7. Assignment. The Contractor shall not assign any of the work covered by this contract without the express written consent of the City. 8. Hold Harmless and Indemnification. The City agrees that Contractor shall operate with 1 prosecutorial immunity in the course of Contractor's representation of the City and that, except as othenvise provided herein, the City shall indemnify, defend, and hold harmless the Contractor from and against any and all claims, damages, losses, and expenses, including reasonable attorney fees, occurring, arising, or resulting from Contractor's supplying services under this Contract in a manner that is consistent with the standard of the legal profession and does not involve intentional misconduct (as defined below); provided, however, that Contractor shall indemnify, defend, and hold harmless, the City, its officers, agents and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorney fees, occurring, arising, or resulting from the Contractor's intentional misconduct (including any dishonest, fraudulent, criminal, or malicious act or any act which is outside the scope of the services set forth in this contract) in supplying services under this contract. 9. Applicable Law. This contract shall be governed by, and construed in accordance with, the laws of the State of Washington. 10. Modification. This contract may be modified, or its term extended, by written modification hereto. IN WITNESS WHEREOF, the part ies hereto have executed this contract the date and year indicated below. CITY OF PORT ANGELES By Dan McKeen, City Manager Dennis Dickson Date: t 8 1 1 3 ATTEST: l/ Y nessa Hurd, City Clerk C \LEGAL\a AGREEMENTS&CONTRACTS \2013 Agm4s &Conuam \DIC1.son backupauromcy,4, 15.2013 s pd May 14, 2003 2 DENNIS DICKSON ATTORNEY AT LAW Date: