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
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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.
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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
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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
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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
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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.