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HomeMy WebLinkAboutLarry Zeigler OPD ContractR PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF PASCO AND LARRY W. ZEIGLER THIS AGREEMENT entered into between CITY OF PASCO, WASHINGTON, hereinafter called, "City," and LARRY W. ZEIGLER, Attorney at Law, hereinafter called, "Contractor," is effective as of April 1, 2016. For and in consideration of the mutual promises and covenants exchanged herein, the parties agree as follows: 1. Services. The Contractor shall perform as principal spokesperson for City of Pasco Office of Public Defense (OPD). The Contractor shall assist the City in designing and implementing an Office of Public Defense Department and will provide necessary professional services as directed by the City Administrator. Services shall include reviewing all existing and executing new public defender, investigator, expert witness and other miscellaneous contracts as necessary, advising the City regarding personnel, processes and systems for the department, and coordinating public defender services with the Pasco Municipal Court for the prosecution of misdemeanors and gross misdemeanors. Such services may be performed in conjunction with, or as a participating jurisdiction with the Franklin County Office of Public Defense. 2. Departmental Suouort and Assistance. The City shall provide support for the department by providing information technology services, financial and clerical support by the Memorandum of Understanding with Franklin County as is mutually determined necessary by both parties. 3. Consideration. In consideration of the Contactor's performance hereunder, the City shall pay the sum of One hundred dollars ($100.00) per hour for up to twelve (12) months beginning May 1, 2016 and ending on April 30, 2017. 4. Hold Harmless. The contractor shall hold and save the City, its officers, agents and employees harmless from liability of any kind including costs and expenses for and or on account of any or all suits, judgments or damages of any character whatsoever, resulting from injuries or damages sustained by person or persons or property by virtue of performance of this contract. 5. Insurance. The Contractor shall maintain professional liability insurance with a minimum limit of one million ($1,000,000). In no case shall the Contractor's professional liability to third parties be limited in any way. 6. Independent Contractor. 6.1 The Contractor hereunder shall act in an independent capacity and not as an employee of the City in the performance ofthis contract. Professional Services Agreement City/Zeigler - 1 6.2 Contractor, in its selection or hiring of vendors, suppliers, employees and contractors to provide products, equipment and/or services pursuant to this Agreement, shall not discriminate on the grounds of race, color, religion, creed, national origin, age, marital status, sex, sexual orientation, disability, military status or handicap. The Contractor shall comply with all federal, state and local non-discrimination laws and requirements. 7. Waiver. No term or condition or the breach thereof shall be deemed waived except by written consent of the party against whom the waiver is claimed, and ay waiver of the breach of any tern or condition shall not be deemed to be a waiver of any preceding or succeeding breach of same of any other term or condition. Neither the acceptance by the City of any performance by Contractor after the time same shall have become due not payment to Contractor for any portion of the work shall constitute a waiver by the City of the breach or default of any term or condition unless otherwise expressly agreed to by the City in writing. 8. Severability. If any term or provision of this Contract is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Contract shall not be affected thereby, and each term and provision of this Contract shall be valid and enforceable to the fullest extent permitted by law. 9. Term of Contract. This contract shall be effective for the period beginning May 1, 2016, and ending on April 30, 2017, unless terminated earlier by either party upon 20 days written notice. IN WITNESS WHEREOF, the Parties have of 2016. / CITY OF PASCO: By:,�_�, bave . .. Approved as to Form: By: _i..� Leland B. Kerr, City Attorney Professional Services Agreement City/Zeigler - 2 this Agreen*nt on the Zeigler