HomeMy WebLinkAboutMark Almquist dba Columbia Private Investigation, LLC - PSA- Investigative Service for Indigent Criminal DefensePROFESSIONAL SERVICES AGREEMENT TO PROVIDE INVESTIGATIVE SERVICES FOR INDIGENT PERSONS CHARGED WITH CRIMES IN PASCO MUNICIPAL COU THIS AGREEMENT is entered into by and b tween Mark Almquist, investigator, Washington State Investigator's License #1699 ("I vestigator") dba Columbia Private Investigation, LLC and CITY OF PASCO ("City"), Pas Municipal Court ("Court"). THIS AGREEMENT IS ENTERED INTO BASEr UPON THE FOLLOWING FACTS AND CIRCUMSTANCES: A. The City has the legal responsibility o provide investigative services to support the publicly -provided legal defe ise of indigent persons charged with criminal offenses alleged to have bee i committed within the jurisdictional boundaries of the City. B. Investigator is licensed in the state of Washington to engage in the business of providing private investigative services, has direct experience in investigating cases involving persons n1harged with criminal offenses, and desires to contract with the City to prov de such services to indigent persons subject to criminal charges in the Munici Dal Court. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, the City and Investigato hereby agree as follows; 1. AGREEMENT TERM. This Agreement shall be deemed effective for all purposes as of November 3, 2022, and shall continue t ereafter through and including the December 31, 2024, unless earlier terminated pursuant to the applicable terms and provisions of this Agreement. 2. INVESTIGATOR'S OFFICE LOCATION. a. Investigator presently and regularly aintains an office adequate and appropriate for the business of providing private investigative services at 6855 W Clearwater Ave, A101-179, Kennewick, WA 99336. Investigator's current local office telephone and fax numbers are (509) 366-7268 and no fax no respectively; and Investigator's current office/work e-mail address is mark@columbia-pi.com. b. Throughout the entire term of this Agreement, Investigator shall continue to maintain such an office, such telephone and fax numbers, and such e-mail address; provided that, however, Investigator may relocate Investigator's office to another location within the reater Tri-Cities, Washington, area and/or Investigator may change Inv stigator's telephone/fax number to another greater Tri-Cities-area loc I telephone/fax number, and/or Investigator may change Investigato,r's e-mail address, provided that Investigator must provide immediate written notice of such change(s) to the City of Pasco Contract Administrator ("CA"). The City prefers that Investigator locate and maintain Investigator's office in a commercial/professional building. However, regardless of the location Investigator decides to maintain his/h r office, the office must be capable of accommodating confidential face-to-face meetings between Investigator and persons whom Investigator is assigned to assist under this Agreement, must be capable of regularly receiving mai , and must have adequate telephone service to facilitate and ensure prompt response to contact with or from such persons Investigator is assigned to ass st hereunder. 3. INVESTIGATOR'S QUALIFICATIONS. Inve: the City has an obligation to provide compete to indigent persons subject to criminal proce perform all services hereunder in strict a professional ethical standards exercised b investigative services for persons accused Investigator acknowledges and agrees that Ir responsibility to effectively promote and prof persons whom Investigator is assigned to ass As of the date of this Agreement, Inv( Investigator is unconditionally liven: services within the state of Washington experience in providing investigations prosecution matters; has not been a pa defense -related investigative service Investigator's conduct, errors, or o admonished, or otherwise formally disc an investigator that would negatively r( to effectively and competently render s any complaints or lawsuits filed and/or arising from, Investigator's past conduce lator acknowledges and agrees that and effective legal defense services ings in the Courts. Investigator shall Drdance with the usual skills and investigators engaged in providing crimes in the state of Washington. stigator has a fundamental duty and t the best interests and rights of all under this Agreement. stigator represents and warrants that �d to provide private investigative has had at least one (1) year of direct �rvices in criminal defense or criminal ty to an agreement to provide criminal s that was terminated due to fissions; has not been censured, )lined for past conduct or behavior as Elect on Investigator's duty and ability rvices hereunder; and does not have lending against him/her relating to, or or behavior as an investigator. (i) This Agreement will be subjecl to review and, if applicable and/or necessary, further action pursua t to paragraph 12 below in the event that Investigator's license to provide investigative services in Washington is revoked or of erwise limited or restricted in any manner. (ii) Investigator shall notify the City the CA within three (3) business days if any event specified in par�nd graph 3.a.(i) above occurs. b. To comply with the provisions of RCW 72.05.440, WAC 388-700-0010, and RCW 13.40.570, Investigator acknowledges and agrees that the City may conduct criminal history background c eck(s) on Investigator. Investigator acknowledges and agrees that this Agreement shall be deemed immediately 4 and automatically terminated upon 1 otherwise unsatisfactory criminal histo C. During each calendar year of the term i required to pursue and participate in applicable actions required to maint investigative services within Washin Investigator shall provide the CA with N requirements have been met no later year. d. Investigator represents and warrants Agreement, Investigator's client c< Agreement; Investigator's schedule; equipment, and support staff; will alloy and effectively perform all servic Investigator represents and warrants schedule outside this Agreement will timely and efficiently perform services Agreement, the City contemplates enteri investigative services agreements with otr investigative services to persons accused agrees to fully cooperate and coordinate wit/ and the CA to establish a process to effectuat of clients and cases requiring investigative se discretion and authority to monitor and contro process. 5. CASE ASSIGNMENTS. During the term of I and shall accept assignments from the CA indigent persons (regardless of their race, c status, sexual orientation, hand icap/disabil political or religious affiliation) on any mattes services are furnished or required by law. Investigator shall provide investigative service to this Agreement. Specifically, Investigt investigative services of the same quality as Optionally, whether in conjunction with an a: Investigator may serve subpoenas on b contracted by or employed by the City to prop Investigator desires to be considered for a Investigator shall furnish to the City, throu stating the intent to accept such assignm B" to this Agreement, and providing subpoenas that need to be served. Invesi in any other manner than as descri Investigator shall not accept "indiger 3 City receiving a non -complying or background check report. this Agreement Investigator shall be ch training, education, and/or other i Investigator's license to provide on in full force and effect; and ten proof and confirmation that such 3n December 31 st of each calendar iat, throughout the entire term of this aload on matters outside of this and Investigator's office resources, Investigator to competently undertake required under this Agreement. sat Investigator's client caseload and it interfere with Investigator's ability to ider this Agreement. MENTS. On or about the date of this g into separate and independent sr licensed investigators to provide f crimes in the Courts. Investigator such other investigators, the Courts, the efficient and equitable distribution vices. The CA shall have the inherent (and reasonably modify/change) such its Agreement, Investigator agrees to to provide investigative services for flor, national origin, age, sex, marital y, personal background, creed, or in the Courts in which legal defense For each case assigned hereunder, s as further described in "Exhibit A" .or shall provide criminal defense nvestigator provides to private clients. signed case or as a separate matter, !half of indigent defense attorneys de public indigent defense services. If ubpoena service assignments, then Ih their CA, with a written statement ,nts at the rate provided in "Exhibit a reliable means to receive any gator shall not accept assignments ied in this section. Specifically, t defense" or "appointed" case assignments directly from indigent defense attorneys, as the indigent defense attorneys have no authority whatsoever to directly assign or appoint an investigator to any case. a. Individual case assignments for cases shall be made by the CA utilizing the following procedure: (i) Upon determining that a case needs an investigator assigned, the indigent defense attorney of record will contact the CA, request an investigator, advise of the nature of the investigation, and request a particular investigative cost exp nditure limit. (ii) Upon approval of the request for an investigator, the CA will assign the case to an investigator from the list of approved investigators (including Investigator described herein) with due attention (at the CA's sole and absolute dis retion) to efficiency, cost -savings, matching of skill -sets to case types. While the CA will make reasonable efforts to maintain he distribution equity of investigative case assignments, nothing in t is agreement shall be interpreted as guaranteeing any level of equitable distribution of assignments. b. Once an investigator has been assigne to a case, the CA will provide written notice of the assignment to both the nvestigator and the indigent defense attorney of record. Investigator shall not commence any work until written notice of assignment has been received. Such written notice will contain an expenditure limit which shall constitute the maximum compensation and cost reimbursement payable to Investig for on the particular case unless additional expenditures are requested 4s provided in paragraph 9(d)(iv). Individual subpoena service assignme is or "stand-alone" subpoena service (i.e., service of subpoenas separate from investigative services on a case) will be made by the CA utilizing the following procedure: (i) Upon determining that subpoenas need to be served, the indigent defense attorney of record will c ntact the CA and request approval to serve such subpoenas. (ii) Upon approval of the request, he CA will assign the service of the subpoenas to a server from a li t of approved subpoena servers on a rotating basis. Investigator may elect not to be on this list. As stated above, this Agreemen does not obligate Investigator to accept "stand-alone" subpoer a service assignments. (iii) Once the subpoena service investigator, both the investiga record will receive written notii which notice shall constitute proceed. as been assigned to a particular and the indigent defense attorney of ition of the assignment from the CA, uthorization for the investigator to d. Service of subpoenas in conjunction wi h an assigned investigation does not need prior approval or authorization. However, compensation is limited to the amount stated in Exhibit B to this Agree ent. 6 CONTINUED SERVICES. a. Investigator shall have a duty to timely nd fully complete all cases assigned to Investigator under this Agreemen . Without limitation in that regard, Investigator shall continue to provide investigative services for those persons whom Investigator was assigned to assist and whose case was not concluded prior to the effective date of termination of this Agreement for up to ninety (90) days following the effective date of termination. Investigator's obligation to continue providing post -termination services shall not in any way entitle Investigator to receive any additional compensation beyond the maximum investigative cost expenditure limit expressly specified in the written notice from the CA authorizing Investigator's assignment to the case. b. Investigator will be assigned to no new cases under this Agreement during the thirty (30) day period prior to its ex iration date specified in paragraph 1 above if Investigator provides written n tice to the City at least sixty (60) days prior to such termination date of Investigator's desire and intent to not pursue contracting with the City again to provide investigative services in the Courts after such expiration date. Investigato may belatedly provide such written notice at any time within said sixty (60) daytime period, but the assignment of new cases to Investigator will not stop ntil thirty (30) days after the date such notice has been received by the City. 7. CLIENT ELIGIBILITY. The Courts (or their designee), consistent with applicable laws, rules and standards, shall determine the eligibility of any particular person for assistance by Investigator under this Agreement. Investigator is under no obligation to determine a person's eligibility or contin ing eligibility to receive assistance. However, if Investigator is assigned to rovide services to a person and subsequently discovers that such person may not be eligible to receive assistance under applicable laws, rules and standards, I ivestigator, if able to do so within the bounds of ethical rules and professional stan ards applicable to investigators, shall promptly provide the indigent defense attorne (s) representing the person with such information. 0 CONFLICTS. Notwithstanding any other terms or provisions contained in this Agreement to the contrary, Investigator shall not be required to accept, and Investigator shall decline to accept, an assignment under this Agreement if the particular assignment would create a true nd bona fide conflict of interest for Investigator or would otherwise cause or constitute an actual violation of any generally recognized ethical or professional standards common and applicable to investigators in the State of Washington. Furtermore, in the event a true and bona fide conflict of interest arises subsequent to Investigator receiving an assignment under this Agreement (or in the event Inve tigator's continued involvement in a pending assigned case would cause or con titute an actual violation of any such ethical or professional standards), Investigat r shall immediately make the indigent A defense attorney(s) representing the affe� development for purposes of the attorney(s) assignment of another investigator. indigent person aware of such g immediate action to pursue the COMPENSATION AND REIMBURSEMENT. a. As full and exclusive compensation for Investigator's performance and rendering of independent profession I investigative services hereunder, Investigator shall be compensated as provided in Exhibit B. b. Payment of such compensation is bas d on time expended on the case by Investigator only. Time expended b other persons (including, without limitation, Investigator's support staff or associate investigators) on a case at Investigator's request or direction shall be part of Investigator's business overhead and shall not be billable to th City. C. Investigator acknowledges and agrees that Investigator shall not be entitled to claim or receive any reimbursement/payment from the City for any business or office -related overhead costs or expenses incurred by Investigator during the course of rendering services under this Agreement (including, without limitation, costs and expenses associated with Investigator's office, office staff, office equipment/facilities, and/or other office - related resources). The City recognizes, however, that in certain circumstances the need may arise for Investigator to incur certain types of out-of-pocket expenses directly related to an indigent person's case such as costs of out -of -area travel, meals and lodging. (i) Investigator shall be entitled to receive reimbursement for the actual cost of such out-of-pocket expenditures provided that, however, Investigator shall not incur any such expense nor shall Investigator be entitled to be reimbursed for anV such expense unless such expense has been pre -approved as ne essary and reasonable by the CA in accordance with applicable rul s, procedures, and standards. Such authorization shall state and pr vide a specific dollar amount for the requested and authorized expe diture; provided that, in the event it is not reasonably possible to statd and provide a specific dollar amount for a particular requested expenditure, such authorization may nevertheless provide approval for the expenditure but shall establish and set forth a maximum dollar expenditure amount. In regard to any reimbursement to Investigator for any approved expenditures and costs pertaining to case -related ut-of-area travel, meals, and lodging, any reimbursement to Investig for for such expenditures and costs shall not exceed the amounts that are set forth in the Federal General Services Administration ("GSA") reimbursement schedule existing for the locality (if applicable) and period of time when the costs are accrued. (ii) Without limiting or expanding the preceding provisions of this paragraph 9, Investigator shall.be reimbursed only for Investigator's vehicle mileage outside of the T i-Cities (i.e., outside of the city limits of the Cities of Kennewick, Ri hland, West Richland and Pasco) accrued while directly engaged ir investigations under this Agreement. The rate of such reimbursement shall be equivalent to the rate published by the GSA for the locality (if applicable) and period of time when the mileage is accrue . Such vehicle mileage shall be reimbursed only one time to Investigator, and Investigator shall not attempt to seek duplicative or Excessive reimbursement for mileage accrued while simultaneously rendering services on more than one case (e.g., if Investigator accru s 10 miles to travel to a particular location to interview witnesse involved in two separate cases assigned to Investigator her, nder, Investigator shall only be reimbursed for that 10 miles, aid not for 20 miles by attempting to claim reimbursement of 10 Iles for each case). For such reimbursable case assignment travel, mileage shall be calculated beginning from the City of Pasco City Hall in Kennewick to the location where the investigative services are actually rendered (e.g., witness's residence) utilizing and based n the most direct route over public roadways. d. As a precondition to Investigator being paid the above -mentioned compensation and reimbursements for costs and expenses hereunder, Investigator shall submit a "Claim for Compensation" in such form as is prescribed by the CA, including with such submission an invoice that descriptively sets forth and details the total number of hours (documented and stated in one -tenth (1/10th) hour i ervals) expended by Investigator on the case and that further describes and details the particular actions taken by Investigator on such case that correspond to such expended and billed hours including the date when such actions were taken (exercising appropriate discretion to protect client confidentiality given that such documents are matters of public record unless sealel by the court at the request of the defense attorney representing the client). (i) Investigator's administrative timo expended to prepare, submit, and process Claims for Compensation shall not be billable to the City. (ii) All Claims for Compensation un er this Agreement may be subject to the CA's review and approval for payment. (iii) Investigator shall timely submit such Claims for Compensation within sixty (60) days of the date on Which Investigator expended time for which compensation is sought, and the City shall have the right to deny payment of any Claim for Compensation that is not timely and properly submitted within said requisite sixty (60) day period or that is not properly itemized and billed in 1/10 hour intervals as required herein. (iv) The cumulative sum of compensation and reimbursements being claimed shall be limited to the un laimed expenditure limit stated in the written notice of assignment expenditure is requested and g services that incur such addi authorization for additional expi directed to the CA by email delivered to the CA's office. Sui information: (a) The court case number (b) The initial expenditure I (c) How much of the exp whether it has been bill4 (d) What investigation has (e) What investigation remc (f) The requested amount, expenditure. unless authorization for additional anted prior to providing the additional mal expenditure. Such request for diture shall be in writing and shall be indigentdefense@pasco-wa.gov or a request shall contain the following nd name, diture limit has been expended and -en completed, is to be done, and the authorization for additional (v) Investigator should expect processing time for requests for authorization for additional expenditures of 2-3 business days. It is Investigator's responsibility to plan investigations and the submission of requests for authorization for additional expenditure in a manner that takes into account this anticipated processing lead time. (vi) In situations of bona fide emergency, requests for authorization for additional expenditures may be submitted after additional services have been provided. However, the amount of services provided shall be limited to that amount which is essential to address the emergency, and a request for authorizatiorl1i for additional expenditure shall be submitted within 2 business da s detailing and specifically describing the circumstances of the emerg ncy. For purposes of this paragraph, the term "emergency" shall be d fined as any situation where critically necessary investigative work, beyond what has already been authorized, must be completed within such a short timeframe that it is not possible to obtain authorization from the CA in advance and the inability to complete such inve tigative work is reasonably likely to prejudice the rights of the indigent defendant whose criminal case Investigator is assigned to provide investigative services for. (vii) If Investigator or Investigator's staff wish to make billing inquiries, such inquiries shall be made by email directed to such email address as the CA designates for such purpo e. Investigator should expect such emailed inquiries to be respond to within 3 business days. Repeated telephone contact with the CA or the CA's staff, for the sole purpose of making billing inquiries, shall constitute a breach of this Agreement. e. Claims for Compensation may be submitted throughout any given month. However, Claims for Compensation will only be processed twice each month: The first time on the business day immediately prior to the 15th day of the month and the second time on the business day immediately prior to the 30th 8 10. day of the month ("Cutoff Day"). In order to facilitate the processing of claims during those two days of the month, Investigator shall, by 5:00 pm no less than two business days prior to each Cutoff Day, provide, via email to such email address as is designated by the CA, a Billing Summary, which shall clearly and concisely set out the following as to each Claim for Compensation being submitted that the Investigator wants to be processed on the particular Cutoff Day: case name, case numbe , date submitted, and total amount claimed. Properly submitted Claims for lCompensation that are also properly referenced and included in an appropriate and duly -submitted Billing Summary will be paid within 30 calendar days. Failure to provide a Billing Summary shall constitute cause to delay processing of a Claim for Compensation until a summary is received, and may result in a delay in excess of 30 days before the claim is paid. The above -stated compensation to Inv+ the termination of this Agreement o termination date specified in paragn Agreement is terminated effective U compensation to Investigator also wo Investigator would not be entitled to re the City; provided that, Investigator w accrued and unpaid compensation for such termination date; and further prov to receive compensation for continuin pursuant to paragraph 6.a. above. tigator will immediately cease upon or for any reason prior to, the h 1 above. For example, if this 31, 2022, the above referenced d terminate as of such date, and give any further compensation from ild be entitled to receive any then- Drvices rendered hereunder prior to ed that Investigator may be entitled post -termination services provided INDEMNIFICATIONS AND HOLD HARMLES . Investigator agrees to and shall fully indemnify the City and their elected/appointed representatives, officers, employees, and agents; and to hold the City and their elected/appointed representatives, officers, employees, and agents fully harmless; from and for any and all losses, damages, costs, charges, claims, demands, suits, or actions of whatsoever nature directly or indirectly arising out of or by rea on of Investigator's (or any person, employee, agent, contractor, or entity acting or or on behalf of Investigator or at Investigator's request or direction) acts, d faults, errors and/or omissions of whatsoever nature in the performance of inves igative services for any person under this Agreement. In the event any suit or legal proceeding is brought against the City or any of their elected/appointed representatives, officers, employees or agents at any time on account of or by reason of anV such acts, defaults, errors and/or omissions, Investigator hereby covenants and pgrees to assume the defense thereof (through counsel acceptable to the City) and to defend the same at Investigator's sole cost and expense and to pay any and all costs, charges, attorneys' fees, and other expenses as well as any and all judgments or awards that may be incurred by or entered against the City or any of its elected/appointed representatives, officers, employees or agents in such suits or other legal proceedings. Without limiting the intended broad scope and application of thE indemnification and hold harmless provisions of this paragraph, for purposes of this paragraph, Investigator waives, with respect to the City only, any immunity Mat would otherwise be available to Investigator under the Industrial Insurance Ad provisions of Title 51 RCW or any other similar workers/employee disability or be efit law. The indemnification and hold harmless provisions of this paragraph shall survive the termination or expiration of this Agreement. 11. INSURANCE. a. Investigator shall obtain and maintain, at Investigator's sole cost and expense, a policy of Commercial G neral Liability insurance (including Endorsement Form CG2011 and C ntractual Liability coverage) in the amount of not less than $1,000,00 .00 per occurrence nor less than $2,000,000.00 in the aggregate duri g the policy term. Additionally, if Investigator is an employer, Investigator shall obtain and maintain, at Investigator's sole cost and expense, a policy of Statutory Workers Compensation and Employers Liability/Stop Gap insurance in the amount of not less than $1,000,000.00. (i) The policy of Commercial General Liability insurance shall be written on an occurrence basis; shall name the City, the Courts, and the City's elected/appointed representatives, officers, employees and agents as additional insureds; shall be primary coverage for both defense and indemnity and non-contributory with any insurance coverage maintained by the City; and shall provide for waiver of subrogation rights as to the City. (ii) The insurance policies required by this paragraph 11.a shall require that the insurance company pr vide the City with no less than thirty (30) days prior written notice i the event the policy is cancelled or materially altered; shall comply with all applicable State of Washington insurance requirements; and shall be issued by an insurance company rated A- or better by A.M. Best authorized to conduct business and issue insurance in the State of ashington. (iii) Investigator shall continuously maintain the insurance coverage required by this paragraph 11 a throughout the entire term of this Agreement and throughout any other longer time period during which Investigator is obligated to continue performing services and duties hereunder. b. Investigator shall also obtain and maintain, at Investigator's sole cost and expense, a policy of professional liability or errors and omissions insurance suitable for Investigator's profession, in the amount of no less than $1,000,000.00 per claim nor less than 2,000,000.00 in the aggregate during the policy term and with a maximum deductible of not more than $10,000.00. (i) Said policy shall include coverage as an additional insured for any other person(s) acting for or on behalf of Investigator in the performance of this Agreement; shall provide professional liability insurance coverage for any acts, errors and/or omissions by Investigator (and/or such additional insureds) during the course of performing services under thi Agreement; shall require that the 10 insurance company provide the City with no less than thirty (30) days prior written notice in the event the policy is cancelled or materially altered; shall comply with all applicable state of Washington insurance requirements; and shall be issued by an insurance company rated A - or better by A.M. Best authorized to conduct business and issue insurance in the state of Washington. (ii) Investigator shall continuously maintain the professional liability insurance coverage required by this paragraph 11.b throughout the entire term of this Agreement, tlhroughout any other longer time period during which Investigator is obligated to continue performing services and duties hereunder, and for a period of no less than thirty-six (36) consecutive months after Investigator has fully completed all services and duties required hereunder. C. Contemporaneously with Investigat is execution of this Agreement, Investigator shall provide the City and their designated Risk Manager(s) with copies or certificates of the insurance policies and coverage (including any endorsements) required under this paragraph 11, and Investigator shall annually provide the Risk Manager(s) with the same type of documented proof and confirmation that such insurance policies and coverage continue to exist no later than thirty (30) days after the policies' annual renewal date(s). 12. TERMINATION. a. In addition to any automatic termination provisions set forth in this Agreement, the City may elect to to minate this Agreement in the event Investigator fails for whatever reason to comply with any provision of this Agreement after giving Investigator to (10) business days advance written notice to cure, which notice shall spe ify the reason(s) for the notice, the act(s) necessary to cure Investigator's failure(s), and the consequence (i.e., termination without further notice) if th failure(s) is/are not cured within the ten (10) day period. The City's right o terminate this Agreement in such regard shall be in addition to any othe rights and remedies available to the City. In addition to the foregoing prov Investigator or the City may elect to to cause or reason by providing the othe written notice of such election. Without Agreement relating to Investigator's complete cases assigned to Investigatc any new cases during the last thirty (3C notice period. dons regarding termination, either ninate this Agreement with or without party with ninety (90) days advance miting/waiving other provisions of this )bligation and duty to accept and Investigator shall not be assigned to calendar days of said ninety (90) day 13. INDEPENDENT CONTRACTOR. Investigator fully understands, acknowledges, and agrees that Investigator shall not be an agent, representative, or employee of the City or the Courts for any type of purpose or situation whatsoever (including, without limitation, for purposes of any type of wags, hours/overtime, workers/industrial 11 insurance compensation, unemployment, fair labor, and/or employee benefit/leave laws, disability act coverage or rules, and/or regulations) and that Investigator, as of the date of this Agreement and throughout its entire term, is and will always be acting and operating as a fully independent contractor. In that regard, strictly subject to Investigator's duties, responsibilities and obligations imposed under this Agreement, Investigator shall have sole and absolute discretion using Investigator's best professional judgment to determine the manner and means of providing the investigative services required under this Agreement; and neither the City, the CA, nor the Courts shall have any authority or duty to directly control the actual performance of Investigator's services hereund r. 14. NON -ASSIGNMENT; MILITARY LEAVE. InvE any other person to perform any of the sery shall Investigator assign, subcontract out, or of rights, responsibilities, or obligations under thi is called up for active military duty or for di operations, Investigator shall provide the City event within five (5) business days of Investiga Investigator can coordinate and arrange for Investigator's duties under this Agreement whi any reasonable back -to -civilian -life transition return. Investigator shall receive no compen; leave or during any such transition time. 15. VACANCY AND REPLACEMENT. In the either party prior to the termination date s may initiate, implement and pursue appropriate/necessary to seek, select, investigator to replace and succeed Investig indigent persons in the Courts. Stigator shall not allow or arrange for ;es required by this Agreement, nor ierwise delegate any of Investigator's Agreement. In the event Investigator act civilian support of active military nd the CA with written notice of such or being called up so that the CA and an appropriate substitute to handle a Investigator is on military leave and time requested by Investigator upon ation under this Agreement while on it this Agreement is terminated by ied in paragraph 1 above, the City f actions or process deemed contract with another qualified in providing investigative services to 16. ENTIRE AGREEMENT. This Agreement constitutes the entire integrated agreement and understanding of the undersigned parties. No amendment, modification or other type of change to this Agreement shall be valid or enforceable unless reduced to writing and signed by the parties. 17. CAPTIONS; TIME COMPUTATION. a. The captions and headings herein are or convenience only and shall not be relied upon or used to interpret or co strue this Agreement or any portion thereof. b. Unless otherwise expressly specified this Agreement shall expire at 5:00 p.n specified period of time, unless the 4 holiday, as prescribed in RCW 1.16.0t of time shall expire at 5:00 p.m. (PI otherwise expressly specified herein a; 12 erein, any period of time specified in . (PTZ) of the last calendar day of the t day is Saturday, Sunday, or a legal 0, in which event the specified period ?) of the next business day. Unless being business days only, any period of time specified in this Agreement shall mean and be calculated to include calendar days. 18. GOVERNING LAW. This Agreement shall be exclusively construed under and interpreted consistent with the laws of the statelof Washington. 19. BINDING EFFECT. Strictly subject to the afaove restrictions against assignment, subcontracting, or delegation, this Agreement shall be binding upon Investigator's heirs, legal/personal representatives, successors, and assigns. 20. SEVERABILITY. In the event that any one or more provisions contained in this Agreement shall, for whatever reason, be held y a court of competent jurisdiction to be invalid, illegal or unenforceable in an respect, such invalid, illegal or unenforceable provision(s) shall not affect any other provision hereof, and this Agreement shall nevertheless be construed an enforced as if such invalid, illegal or unenforceable provision(s) were not contained ierein. 21. NON -WAIVER. A party's express or implied c nsent to or waiver of any breach or default by the other party in the performance of such other party's obligations hereunder shall not be deemed or construed to be a consent to or waiver of any other breach or default in the performance by such other party of the same obligations or any other obligation(s) of such otl,ier party hereunder. 22. DISPUTE RESOLUTION. In the event of a breach, default, or interpretation of this Agrei good faith effort to resolve such dispute. li agreement of the Parties, then said dispute mediator reasonably agreed to by the Parties resolved by agreement of the Parties facilitates be resolved by arbitration pursuant to RC" Parties waiving the right to a jury trial de novc County, Washington. In any such arbitration, be entitled its reasonable attorney fees and coy against the other dispute regarding the enforcement, ment, the Parties shall first meet in the dispute cannot be resolved by call be submitted to mediation using In the event the dispute cannot be by a mediator, then said dispute will 7.04A, as amended, with both the with venue being placed in Franklin ie substantially prevailing Party shall s as additional award and judgement 23. NOTICES. a. Any notices required or permitted to be given by Investigator to the City under this Agreement shall be in writing and shall be either personally delivered to the City's CA at his below -stated officeaddress; mailed to the City's CA at his below -stated office address via certif ed U.S. mail, postage prepaid; or emailed to the City's CA at the below -stated official email address for notices: Raymond Hui 525 N 31d Ave, Pasco, W4 99301 indigentdefense @Paco-wa.Qov 509-302-3001 13 b. Any notices required or permitted to be iven by the City to Investigator under this Agreement shall be in writing a id shall be personally delivered to Investigator or mailed to Investigator vi certified U.S. mail, postage prepaid, at Investigator's office address specified and set forth in paragraph 2.a above; or emailed to Investigator at his/her usiness email address set forth in paragraph 2.a. C. Any notices under this Agreement shall be deemed to have been duly given, made and received when personally delivered against receipt or when duly deposited in the U.S. mail in compliance with the provisions of this paragraph. A party may change the address(es) to Nhich notices or copies thereof are to be sent by giving notice of such change of address in conformity with the provisions of this paragraph for the giving of notice. 24. LEGAL COMPLIANCE. Investigator agrees to and shall strictly follow and comply with any and all federal, state, local, and admi istrative laws, rules, and regulations applicable to Investigator's pursuit and perforrhance of activities and services under this Agreement. Without limitation in that regard, Investigator shall timely and fully pay all applicable taxes, fees, licenses, and ther payments required by law; and Investigator shall fully comply with any and all anti -discrimination laws and policies including, without limitation, the City's policy that no person will be subjected to discrimination by the City or its contractors based on race, color, national origin, age, sex, marital status, sexual orientation, hand cap/disability, personal background, creed, or political or religious affiliation. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement on the date set forth below. Investigator : City of Pasco v4V I t z Z. i�,g /,--- S 3123 Marl Almquist ate t— Date Admini trative & Community Services Director 14 EXHIBIT A — SCOPE OF CES INVESTIGATOR shall provide, as assigned and approved on a case -by -case basis, professional quality criminal defense investigation services to defense attorneys assigned to represent indigent defendants with criminal cases pending in Pasco Municipal Court The services to be provided under this agreement may include, but are not limited to: • Attempting to locate witnesses • Interviewing witnesses • Interviewing victims • Researching the criminal history or backgrounds of witnesses or victims • Conducting surveillance of witnesses • Diagramming crime scenes or other locations associated with a criminal case • Photographing items, locations, persons or anything else relevant to defense of a criminal case • Cataloging and tracking evidence (only permitted in cases with large amounts of evidence) • Serving subpoenas INVESTIGATOR may provide, as assigned, and only if CONTRACTOR elects to do so, subpoena service. Provided, however, that the maximum compensation for such subpoena services shall be as stated in Exhibit B — Compensation. Absent specific written instruction to do so from CA, CONTRACTOR shall not be compensated for any of the following services: (a) "Evaluating" any legal document including sea (b) Reviewing police reports or any other discc sufficiency or for the purposes of determining done (c) Spending time at any hearing or trial excep testifying as a witness (d) Appearing at or waiting during any criminal pre h warrants .ry for purposes of evaluating their hat, if any, investigation needs to be when appearing for the purpose of I docket Furthermore, INVESTIGATOR shall not arrange for or bill for, the services of third -party experts since these experts are to be coordinated through the attorney of record with authorization from CA. Experts include, but are not li ited to: Polygraph examiners DNA, fingerprint, firearms experts Experts on the identification of substances including controlled substances Handwriting or document analysis experts 15 Service Investigator time Mileage Standard locate Background investigation Transcription Subpoena service Video and photo DVD Photo CD Photocopies EXHIBIT B —COMPENSATION Rate $65 per hour Published US GSA rate $25 per locate $50 each $5/page $40 each service $35 each, $10 for extra copies $10 each $0.20 per page F[: Comments Must be billed in increments of 1/10th of an hour together with date and description of services rendered. Only for investigations outside of Tri-Cities area. For locating addresses using subscription database services Only for background investigations that involve more than a WATCH inquiry. WATCH inquiry cases are compensated on a reimbursement basis only Only upon specific advance written authorization Contractors are not required to accept subpoenas for service. However, if they do serve subpoenas, this is the maximum compensation for doing so. With menu, ready for trial format.