HomeMy WebLinkAboutMark Almquist PI dba Columbia Private Investigations - 2019PROFESSIONAL SERVICES AGREEMENT TO PROVIDE INVESTIGATIVE
SERVICES FOR INDIGENT PERSONS CHARGED WITH CRIMES IN PASCO
MUNICIPAL COURT
THIS AGREEMENT is entered into by and between Mark Almquist, investigator,
Washington State Investigator's License #_1 4P . ("Investigator") dba Columbia Private
Investigation, LLC and CITY OF PASCO ("City"), Pasco Municipal Court ("Court").
THIS AGREEMENT IS ENTERED INTO BASED UPON THE FOLLOWING FACTS AND
CIRCUMSTANCES:
A. The City has the legal responsibility to provide investigative services to support the
publicly -provided legal defense of indigent persons charged with criminal offenses
alleged to have been 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 charged with criminal offenses, and desires to contract with the
City to provide such services to indigent persons subject to criminal charges in the
Municipal Court,
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
contained herein, the City and Investigator hereby agree as follows:
1. AGREEMENT TERM. This Agreement shall be deemed effective for all purposes as
of January 1, 2019, and shall continue thereafter through and including the
December 31, 2019, unless earlier terminated pursuant to the applicable terms and
provisions of this Agreement.
2. INVESTIGATOR'S OFFICE LOCATION.
a. Investigator presently and regularly maintains 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 greater Tri -Cities, Washington, area and/or Investigator may change
Investigator's telephone/fax number to another greater Tri -Cities -area local
telephone/fax number, and/or Investigator may change Investigator's e-mail address,
provided that Investigator must provide immediate written notice of such change(s)
to the City of Pasco Contract Administrator ("CA").
c. 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/her 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 mail, and must have adequate telephone service to facilitate and ensure
prompt response to contact with or from such persons Investigator is assigned to
assist hereunder.
3. INVESTIGATOR'S QUALIFICATIONS, Investigator acknowledges and agrees that the
City has an obligation to provide competent and effective legal defense services to
indigent persons subject to criminal proceedings in the Courts. Investigator shall perform
all services hereunder in strict accordance with the usual skills and professional ethical
standards exercised by investigators engaged in providing investigative services for
persons accused of crimes in the state of Washington. Investigator acknowledges and
agrees that Investigator has a fundamental duty and responsibility to effectively promote
and protect the best interests and rights of all persons whom Investigator is assigned to
assist under this Agreement_
a. As of the date of this Agreement, Investigator represents and warrants that
Investigator is unconditionally licensed to provide private investigative services within
the state of Washington; has had at least one (1) year of direct experience in
providing investigation services in criminal defense or criminal prosecution matters;
has not been a party to an agreement to provide criminal defense -related
investigative services that was terminated due to Investigator's conduct, errors, or
omissions; has not been censured, admonished, or otherwise formally disciplined for
past conduct or behavior as an investigator that would negatively reflect on
Investigator's duty and ability to effectively and competently render services
hereunder; and does not have any complaints or lawsuits filed and/or pending
against him/her relating to, or arising from, Investigator's past conduct or behavior as
an investigator_
(i) This Agreement will be subject to review and, if applicable and/or necessary,
further action pursuant to paragraph 12 below in the event that
Investigator's license to provide investigative services in Washington is
revoked or otherwise limited or restricted in any manner.
(ii) Investigator shall notify the City and the CA within three (3) business days if
any event specified in paragraph 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 check(s) on investigator. Investigator acknowledges and agrees
that this Agreement shall be deemed immediately and automatically terminated upon
the City receiving a non -complying or otherwise unsatisfactory criminal history
background check report_
c. During each calendar year of the term of this Agreement Investigator shall be
required to pursue and participate in such training, education, and/or other
applicable actions required to maintain Investigator's license to provide investigative
services within Washington in full force and effect; and Investigator shall provide the
CA with written proof and confirmation that such requirements have been met no
later than December 31 st of each calendar year.
d. Investigator represents and warrants that, throughout the entire term of this
Agreement, Investigator's client caseload on matters outside of this Agreement;
Investigator's schedule; and Investigator's office resources, equipment, and support
staff; will allow Investigator to competently undertake and effectively perform all
services required under this Agreement. Investigator represents and warrants that
Investigator's client caseload and schedule outside this Agreement will not interfere
with Investigator's ability to timely and efficiently perform services under this
Agreement.
4. OTHER INVESTIGATIVE SERVICES AGREEMENTS. On or about the date of this
Agreement, the City contemplates entering into separate and independent
investigative services agreements with other licensed investigators to provide
investigative services to persons accused of crimes in the Courts. Investigator
agrees to fully cooperate and coordinate with such other investigators, the Courts,
and the CA to establish a process to effectuate the efficient and equitable distribution
of clients and cases requiring investigative services. The CA shall have the inherent
discretion and authority to monitor and control (and reasonably modify/change) such
process.
5. CASE ASSIGNMENTS. During the term of this Agreement, Investigator agrees to
and shall accept assignments from the CA to provide investigative services for
indigent persons (regardless of their race, color, national origin, age, sex, marital
status, sexual orientation, handicap/disability, personal background, creed, or
political or religious affiliation) on any matter in the Courts in which legal defense
services are furnished or required by law. For each case assigned hereunder,
Investigator shall provide investigative services as further described in "Exhibit A"
to this Agreement. Specifically, Investigator shall provide criminal defense
investigative services of the same quality as Investigator provides to private clients.
Optionally, whether in conjunction with an assigned case or as a separate matter,
Investigator may serve subpoenas on behalf of indigent defense attorneys
contracted by or employed by the City to provide public indigent defense services. If
Investigator desires to be considered for subpoena service assignments, then
Investigator shall furnish to the City, through their CA, with a written statement
stating the intent to accept such assignments at the rate provided in "Exhibit
B" to this Agreement, and providing a reliable means to receive any
subpoenas that need to be served. Investigator shall not accept assignments
in any other manner than as described in this section. Specifically,
Investigator shall not accept "indigent 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 expenditure 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 discretion) to efficiency,
cost -savings, matching of skill -sets to case types. While the CA will make
reasonable efforts to maintain the distribution equity of investigative case
assignments, nothing in this agreement shall be interpreted as guaranteeing any
level of equitable distribution of assignments.
b. Once an investigator has been assigned to a case, the CA will provide written notice
of the assignment to both the investigator 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
Investigator on the particular case unless additional expenditures are requested as
provided in paragraph 9(d)(iv).
c. Individual subpoena service assignments 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 contact the CA and request approval to serve such
subpoenas_
(ii) Upon approval of the request, the CA will assign the service of the subpoenas
to a server from a list of approved subpoena servers on a rotating basis_
Investigator may elect not to be on this list. As stated above, this
Agreement does not obligate Investigator to accept "stand-alone"
subpoena service assignments.
(iii) Once the subpoena service has been assigned to a particular investigator,
both the investigator and the indigent defense attorney of record will receive
written notification of the assignment from the CA, which notice shall
constitute authorization for the investigator to proceed.
d. Service of subpoenas in conjunction with an assigned investigation does not need
prior approval or authorization. However, compensation is limited to the amount
stated in Exhibit B to this Agreement.
6. CONTINUED SERVICES.
a. investigator shall have a duty to timely and fully complete all cases assigned to
Investigator under this Agreement. 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
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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 expiration date specified in paragraph 1 above if
Investigator provides written notice 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.
Investigator may belatedly provide such written notice at any time within said sixty
(60) day time period, but the assignment of new cases to Investigator will not stop
until 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 continuing eligibility to receive assistance.
However, if Investigator is assigned to provide services to a person and
subsequently discovers that such person may not be eligible to receive assistance
under applicable laws, rules and standards, Investigator, if able to do so within the
bounds of ethical rules and professional standards applicable to
investigators, shall promptly provide the indigent defense attorney(s) representing
the person with such information_
8. 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 and 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. Furthermore, 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 Investigator's continued involvement in a
pending assigned case would cause or constitute an actual violation of any such
ethical or professional standards), Investigator shall immediately make the indigent
defense attorney(s) representing the affected indigent person aware of such
development for purposes of the attorney(s) taking immediate action to pursue the
assignment of another investigator.
9. COMPENSATION AND REIMBURSEMENT.
a. As full and exclusive compensation for Investigator's performance and rendering
of independent professional investigative services hereunder, Investigator shall
be compensated as provided in Exhibit 13-
b. Payment of such compensation is based on time expended on the case by
Investigator only. Time expended by 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 the 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 any such expense unless such expense has been pre -
approved as necessary and reasonable by the CA in accordance with
applicable rules, procedures, and standards. Such authorization shall state
and provide a specific dollar amount for the requested and authorized
expenditure; provided that, in the event it is not reasonably possible to state
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 out -of -area travel, meals, and lodging,
any reimbursement to Investigator 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 Tri -Cities (i.e., outside of the city limits of the Cities of
Kennewick, Richland, West Richland and Pasco) accrued while directly
engaged in 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 accrued. 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 accrues 10 miles to travel to a particular
location to interview witnesses involved in two separate cases assigned to
Investigator hereunder, Investigator shall only be reimbursed for that 10
miles, and not for 20 miles by attempting to claim reimbursement of 10 miles
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 on 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 (1110th) hour intervals) 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 sealed by the court at the request of the defense attorney
representing the client).
(i) Investigator's administrative time expended to prepare, submit, and process Claims
for Compensation shall not be billable to the City.
(ii) All Claims for Compensation under 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 1110 hour intervals as required herein.
(iv) The cumulative sum of compensation and reimbursements being claimed shall be
limited to the unclaimed expenditure limit stated in the written notice of assignment
unless authorization for additional expenditure is requested and granted prior to
providing the additional services that incur such additional expenditure. Such request
for authorization for additional expenditure shall be in writing and shall be directed to
the CA by email to indigentdefense@pasco-wa.gov or delivered to the CA's office.
Such a request shall contain the following information:
(a) The court case number and name,
(b) The initial expenditure limit,
(c) How much of the expenditure limit has been expended and whether it has been
billed,
(d) What investigation has been completed,
(e) What investigation remains to be done, and
(f) The requested amount of the authorization for additional expenditure.
(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 authorization for
additional expenditure shall be submitted within 2 business days detailing and
specifically describing the circumstances of the emergency. For purposes of this
paragraph, the term "emergency" shall be defined 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
investigative 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 purpose. Investigator should expect such emailed inquiries to be responded
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 15ty, day of the month and the second time
on the business day immediately prior to the 30th 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 number, date submitted, and total amount
claimed_ Properly submitted Claims for Compensation 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 Investigator will immediately cease upon the
termination of this Agreement on, or for any reason prior to, the termination date
specified in paragraph 1 above. For example, if this Agreement is terminated
effective May 31, 2015, the above referenced compensation to Investigator also
would terminate as of such date, and Investigator would not be entitled to receive
any further compensation from the City; provided that, Investigator would be entitled
to receive any then -accrued and unpaid compensation for services rendered
hereunder prior to such termination date; and further provided that Investigator may
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be entitled to receive compensation for continuing post -termination services provided
pursuant to paragraph 6.a. above.
10. INDEMNIFICATIONS AND HOLD HARMLESS. Investigator agrees to and shall fully
indemnify the City and their electedlappointed representatives, officers, employees, and
agents; and to hold the City and their electedlappointed 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 reason of Investigator's (or any person, employee, agent, contractor,
or entity acting for or on behalf of Investigator or at investigator's request or direction)
acts, defaults, errors and/or omissions of whatsoever nature in the performance of
investigative services for any person under this Agreement. In the event any suit or legal
proceeding is brought against the City or any of their electedlappointed representatives,
officers, employees or agents at any time on account of or by reason of any such acts,
defaults, errors and/or omissions, Investigator hereby covenants and agrees 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 electedlappointed 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 that would otherwise be available to Investigator
under the Industrial Insurance Act provisions of Title 51 RCW or any other similar
workers/employee disability or benefit 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 General Liability insurance (including Endorsement Form
CG2011 and Contractual Liability coverage) in the amount of not less than
$1,000,000.00 per occurrence nor less than $2,000,000.00 in the aggregate during
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
electedlappointed representatives, officers, employees and agents as additional
insureds; shall be primary coverage for both defense and indemnity and non -
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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 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.
(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 this Agreement; shall require that the 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,
throughout 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 Investigator's 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.
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a. In addition to any automatic termination provisions set forth in this Agreement, the
City may elect to terminate this Agreement in the event Investigator fails for
whatever reason to comply with any provision of this Agreement after giving
Investigator ten (10) business days advance written notice to cure, which notice shall
specify 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 the
failure(s) is/are not cured within the ten (10) day period. The City's right to terminate
this Agreement in such regard shall be in addition to any other rights and remedies
available to the City.
b. In addition to the foregoing provisions regarding termination, either Investigator or
the City may elect to terminate this Agreement with or without cause or reason by
providing the other party with ninety (90) days advance written notice of such
election. Without limiting/waiving other provisions of this Agreement relating to
Investigator's obligation and duty to accept and complete cases assigned to
Investigator, Investigator shall not be assigned to any new cases during the last
thirty (30) calendar days of said ninety (90) day notice period.
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 wage, hourslovertime, workers/industrial 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 hereunder.
14. NON -ASSIGNMENT; MILITARY LEAVE. Investigator shall not allow or arrange for any
other person to perform any of the services required by this Agreement, nor shall
Investigator assign, subcontract out, or otherwise delegate any of Investigator's rights,
responsibilities, or obligations under this Agreement. In the event Investigator is called up
for active military duty or for direct civilian support of active military operations, Investigator
shall provide the City and the CA with written notice of such event within five (5) business
days of Investigator being called up so that the CA and Investigator can coordinate and
arrange for an appropriate substitute to handle Investigator's duties under this Agreement
while Investigator is on military leave and any reasonable back -to -civilian -life transition time
requested by Investigator upon return. Investigator shall receive no compensation under
this Agreement while on leave or during any such transition time.
15. VACANCY AND REPLACEMENT. In the event this Agreement is terminated by either
party prior to the termination date specified in paragraph 1 above, the City may initiate,
implement and pursue any actions or process deemed appropriate/necessary to seek,
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select, and contract with another qualified investigator to replace and succeed Investigator
in providing investigative services to indigent persons in the Courts_
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 for convenience only and shall not be relied
upon or used to interpret or construe this Agreement or any portion thereof.
b. Unless otherwise expressly specified herein, any period of time specified in this
Agreement shall expire at 5:00 p.m. (PTZ) of the last calendar day of the specified
period of time, unless the last day is Saturday, Sunday, or a legal holiday, as
prescribed in RCW 1.16.050, in which event the specified period of time shall expire
at 5.00 p.m. (PTZ) of the next business day. Unless otherwise expressly specified
herein as 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 state of Washington_
19. BINDING EFFECT. Strictly subject to the above 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 by a court of competent jurisdiction to be
invalid, illegal or unenforceable in any respect, such invalid, illegal or unenforceable
provision(s) shall not affect any other provision hereof, and this Agreement shall
nevertheless be construed and enforced as if such invalid, illegal or unenforceable
provision(s) were not contained herein.
21. NON -WAIVER. A party's express or implied consent 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 other party hereunder.
22. DISPUTE RESOLUTION. In the event of a dispute regarding the enforcement, breach,
default, or interpretation of this Agreement, the Parties hall first meet in good faith effort to
resove such dispute. if the dispute cannot be resolved by agreement of the Parties, then
said dispute shall be submitted to mediation using mediator reasonably agreed to by the
Parties. In the event the dispute cannot be resolved by agreement of the Parties facilitated
by a mediator, then said dispute will be resolved by arbitration pursuant to RCW 7.04A, as
amended, with both the Parties waiving the right to a jury trial de novo, with venue being
placed in Franklin County, Washington. In any such arbitration, the substantially prevailing
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Party shall be entitled its reasonable attorney fees and costs as additional award and
judgement against the other.
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 office address; mailed to the City's CA at his below -stated
office address via certified 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 T'J Ave, Pasco, WA 99301
indi entdefense aco-wa. ov
509-302-3001
b. Any notices required or permitted to be given by the City to Investigator under this
Agreement shall be in writing and shall be personally delivered to Investigator or
mailed to Investigator via 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 business 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 which 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 ail federal, state, local, and administrative laws, rules, and regulations applicable to
Investigator's pursuit and performance of activities and services under this Agreement.
Without limitation in that regard, Investigator shall timely and fully pay all applicable taxes,
fees, licenses, and other 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, handicap/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
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Investigator City of Pasco
Mark Almquist 1 r Date Zach Ratkai Date
Administrative & Community Services Director
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EXHIBIT A — SCOPE OF SERVICES
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:
(e) "Evaluating" any legal document including search warrants
(f) Reviewing police reports or any other discovery for purposes of evaluating their
sufficiency or for the purposes of determining what, if any, investigation needs to be done
(g) Spending time at any hearing or trial except when appearing for the purpose of testifying
as a witness
(h) Appearing at or waiting during any criminal pre-trial 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 limited to:
Polygraph examiners
➢ DNA, fingerprint, firearms experts
➢ Experts on the identification of substances including controlled substances
➢ Handwriting or document analysis experts
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EXHIBIT B — COMPENSATION
Service Rate Comments
Investigator time $55 per hour Must be billed in
increments of 1110th of an
hour together with date
and description of
services rendered.
Mileage Published US GSA rate Only for investigations
outside of Tri -Cities area.
Standard locate
Background investigation
Transcription
Subpoena service
Video and photo DVD
Photo CD
Photocopies
$20 per locate
$50 each
$51page
$25 each service
$35 each, $10 for extra
copies
$10 each
$0.13 per page
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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.