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HomeMy WebLinkAbout4.609 Original Contract " , -" or -' <I, {poq PROFESSIONAL SERVICES CONTRACT 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 CAROL CASE, 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 Assistant City Attorney on an as-needed basis. Services will include but not be limited to preparing for and handling jury and/or bench trials, appeals, and various District Court calendars. In performing said services, Contractor agrees to follow the prosecution philosophy of the City Attorney's office including the paramount goal of promoting public safety, while at the same time 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 her licensure to practice law in the State of Washington in good standing and shall notify the City of any actions or claims that may jeopardize said licensure and/or good standing. 3. Term. This contract shall commence on March 23, 2009, 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. Comoensation. Contractor's compensation for the services performed herein shall be Sixty Dollars ($60.00) per hour. 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. 1 ... . 8. Hold Harmless and Indemnification. The City, except as otherwise provided herein, 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 ofthe legal profession and does not involve intentional misconduct; 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, conduct violating the Rules of Professional Responsibility, 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 parties hereto have executed this contract the date and year indicated below. CITY OF PORT ANGELES CAROL CASE ATTORNEY AT LAW BY~~~~ William E. Bloor, City Attorney (] ti4,.g t9~ Carol Case Date: :J ~~I/ -0; Date: ,3, t.]-t71 ATTEST: AD ~ Je.Q-dr^ Becky J. Up n, . y Cler G ILegal_ BackupIAGREEMENTS&CONTRACTS\2009 Agrmts&ContractsIPSC-CASE 032409 wpd / -" 2