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HomeMy WebLinkAbout2905 1 RESOLUTION NO 2 9 0 5 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN 4 AGREEMENT WITH GAIL R CANNON TO PROVIDE SCREENING SERVICES TO DEFENDANTS CHARGED UNDER CITY OF AUBURN ORDINANCES WHO STATE A 5 DESIRE FOR COURT APPOINTED COUNSEL 6 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT 8 SECTION 1 . AGREEMENT. The Mayor and City Clerk of the 9 City of Auburn, Washington, are herewith authorized to execute 10 a Professional Services Agreement with GAIL R CANNON to 11 provide professional screening services to all defendants 12 charged under ordinances of the City who state a desire for 13 court appoint counsel A copy of said Agreement is attached 14 hereto and denominated as Exhibit "A" and incorporated herein 15 16 SECTION 2 . The Mayor is hereby authorized to implement 17 such administrative procedures as may be necessary to carry 18 out the directives of this legislation 19 DATED and SIGNED this 20`h day of January, 1998 20 21 CITY OF AUBURN 22 n 23 `IIE� 2c; n 24 CHARLES A BOOTH MAYOR 25 26 Resolution No 2905 January 2, 1998 Page 1 1 2 3 ATTEST 4 5 L SW/Oall7 iif / Danielle E Daskam, 6 City Clerk 7 8 APPROVED AS TO FORM 9 10 ' kJ"C.S\ 11 Michael AT Reynolds, City Attorney 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Resolution No 2905 January 2, 1998 Page 2 1 CITY OF AUBURN 2 PROFESSIONAL SERVICES AGREEMENT 3 4 THIS AGREEMENT is made and entered into this op- day 5 of January, 1998 , by and between the City of Auburn, 6 Washington, a municipal corporation, whose address is 25 West 7 Main Street, Auburn, Washington, 98001, hereinafter referred 8 to as "CITY", and GAIL R CANNON, an independent contractor, 9 whose address is 312 K Street SE, Auburn, Washington, 98002 , 10 11 hereinafter referred to as "SCREENER " 12 IN CONSIDERATION OF THE MUTUAL AGREEMENTS AND COVENANTS 13 HEREIN, THE PARTIES AGREE AS FOLLOWS 14 SECTION 1 SCOPE OF SERVICES 15 All defendants charged under ordinances of the CITY or 16 under ordinances of the City of Algona, as long as Algona 17 contracts for its court services with the CITY, who state a 18 19 desire for court appointed counsel shall be referred to the 20 SCREENER The SCREENER shall make a determination of 21 indigency and eligibility for appointed counsel as provided 22 in RCW 10 101 Such determination shall be made from 23 information provided by the applicant under oath (RCW 24 25 Resolution No 2905 26 January 2, 1998 Page 1 [legal/agree/screener] 1 9A 72 085) and set forth on forms provided by the CITY If 2 the SCREENER determines the defendant is eligible for court 3 appointed counsel, the SCREENER shall provide such 4 information to the court and shall refer the defendant to the 5 6 public defender who will provide legal counsel to the 7 defendant 8 If the SCREENER determines the individual is not 9 indigent and does not have sufficient financial resources to 10 retain private legal services without substantial hardship to 11 himself/herself or his/her family but is able to participate 12 in the payment of the costs of a public defender, then the 13 14 SCREENER shall cause the defendant to execute a promissory 15 note (RCW 10 101) made payable to the CITY in an amount the 16 defendant is able to contribute toward his defense The 17 SCREENER agrees to complete all forms needed for screening 18 and referral in accordance with instructions received from 19 the CITY The SCREENER agrees to fill this position from 20 week to week except for reasonable periods of vacation and 21 22 illness 23 24 25 Resolution No 2905 26 January 2, 1998 Page 2 [legal/agree/screener] 1 SECTION 2 SCREENER' S OFFICES 2 The SCREENER shall be on duty at an office in the Auburn 3 Municipal Court on Thursday of every week or on said days and 4 times as Auburn arraignment calendars are regularly scheduled 5 6 at the Auburn Municipal Court and/or as agreed to by the CITY 7 and the SCREENER The SCREENER shall be on duty from 9 00 AM 8 until 4 00 PM, which time period includes a one (1) hour meal 9 break which shall not be paid by the CITY 10 SECTION 3 COMPENSATION 11 As compensation in full for all services rendered by the 12 SCREENER herein, the SCREENER shall be compensated at an 13 hourly rate of Twelve and no/100th Dollars ($12 00) per 14 15 service hour for screening services rendered each month 16 The SCREENER shall submit, on a monthly or bimonthly 17 basis, an invoice to the CITY for services rendered and the 18 CITY shall promptly pay for services rendered under this 19 Agreement pursuant to regular CITY accounts payable 20 procedures The SCREENER shall maintain appropriate records 21 accounting for all services rendered to and on behalf of the 22 23 CITY Such records shall include the following The name of 24 25 Resolution No 2905 26 January 2, 1998 Page 3 [legal/agree/screener] 1 the defendant served, the date of such service and the type 2 of service rendered 3 SECTION 4 NO ASSIGNMENT OR SUBCONTRACTS 4 No assignment or transfer of this Agreement, nor of any 5 6 interest in this Agreement, shall be made by either of the 7 parties without prior written consent 8 SECTION 5 INDEPENDENT CONTRACTOR STATUS 9 The SCREENER is engaged hereunder as an independent 10 contractor and nothing contained herein shall be construed as 11 giving rise to an employer-employee relationship between the 12 CITY and the SCREENER In this regard, the SCREENER 13 14 understands and agrees that the CITY shall not pay for 15 industrial insurance, unemployment insurance, or any other 16 benefits provided to CITY employees, nor will the CITY 17 withhold Social Security contributions 18 SECTION 6 TERM OF AGREEMENT. , 19 This Agreement shall commence on the / day of 20 February, 1998, and shall remain in force and effect unless 21 22 terminated by written notice given by either party not less 23 than thirty (30) days prior to the effective date of the 24 termination 25 Resolution No 2905 26 January 2, 1998 Page 4 [legal/agree/screener] 1 SECTION 7 INDEMNIFICATION 2 The SCREENER agrees to indemnify and hold harmless the 3 CITY for loss, damage and/or injury from acts or omissions of 4 the SCREENER, its employees or agents, to the person or 5 6 property of any person or entity, while engaged in the 7 performance of these duties If any claim or liability shall 8 arise as a result of the negligence of both parties hereto, 9 such liability shall be borne by them in proportion to each 10 party' s negligence 11 SECTION 8 ENTIRE AGREEMENT 12 This Agreement contains the entire Agreement between the 13 CITY and the SCREENER and no statements, promises or 14 15 inducements made by either party that are not contained in 16 this written Agreement shall be valid or binding 17 18 19 20 21 22 23 24 25 Resolution No 2905 26 January 2, 1998 Page 5 [legal/agree/screener] 1 IN WITNESS WHEREOF, the parties have executed this 2 Agreement on the dO- day of , 1998 3 1 4 5 CITY OF AUBURN 6 7 &mks. P-, Re„--fe, 9 CHARLES A BOOTH MAYOR 10 11 12 ATTEST 13 14 /104.14.Q/ !)- tbalea 15 Danielle E Daskam, City Clerk 16 17 18 APPROVED AS TO FORM 19 ' tL Michael J Reynolds, 21 City Attorney 22 23 24 25 Resolution No 2905 26 January 2, 1998 Page 6 [legal/agree/screener] 1 SCREENER 2 1 3 1 /1 iv/v.\ 4 GAIL R CANNON 5 6 7 STATE OF WASHINGTON ) 8 ) ss COUNTY OF KING 9 10 On this day of Ftb y, 1998, before me, the 11 undersigned, a Notary Public in and for the State of Washington, personally appeared GAIL R CANNON, to me known 12 to be the individual who executed the within and foregoing instrument, and acknowledged said instrument to be her free 13 and voluntary act and deed for the uses and purposes therein mentioned 14 15 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the date hereinabove set forth 16 17 9, t E t i colgyrna_A 18 �.� Pp A 80?,, 7 ma--r c A Si 11+-er/ 19 \ssi& 4A'%s% NOTARY PUBLIC in and for' the State of M1OTARY 9N� = Washington, residing in A Ate, C 20 — — 9 Rae 9�n;i23 MY COMMISSION expires /6 9- 99 21 J^ q97 C! ♦♦ 23 24 25 Resolution No 2905 January 2, 1998 26 Page 7 [legal/agree/screener] (r>)BusinessReistration tty i: i CHARLES A. BOOTH,MAYOR AUBURN CITY CLERK Danielle Daskam,City Clerk 25 West Main, Auburn,WA 98001 Cathy Richardson, Deputy City Clerk City Clerk:(253)931-3039 Tamie Bothell, Records/License Clerk :(253)931-3007 Fax:(253)288-3132 STATE OF WASHINGTON) ) ss. COUNTY OF KING I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the County of King, State of Washington, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 2905 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2905 " I certify that said Resolution No. 2905 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 20th day of January, 1998 Witness my hand and the seal of the City of Auburn this 25th day of March, 1998.d Danielle Daskam, City Clerk City of Auburn