HomeMy WebLinkAbout2905 1 RESOLUTION NO 2 9 0 5
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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
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City of Auburn, Washington, are herewith authorized to execute
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a Professional Services Agreement with GAIL R CANNON to
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provide professional screening services to all defendants
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charged under ordinances of the City who state a desire for
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court appoint counsel A copy of said Agreement is attached
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hereto and denominated as Exhibit "A" and incorporated herein
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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
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21 CITY OF AUBURN
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23 `IIE� 2c; n
24 CHARLES A BOOTH
MAYOR
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Resolution No 2905
January 2, 1998
Page 1
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3 ATTEST
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5 L SW/Oall7 iif /
Danielle E Daskam,
6 City Clerk
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APPROVED AS TO FORM
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10 ' kJ"C.S\
11 Michael AT Reynolds,
City Attorney
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Resolution No 2905
January 2, 1998
Page 2
1 CITY OF AUBURN
2 PROFESSIONAL SERVICES AGREEMENT
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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
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to as "CITY", and GAIL R CANNON, an independent contractor,
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whose address is 312 K Street SE, Auburn, Washington, 98002 ,
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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
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All defendants charged under ordinances of the CITY or
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under ordinances of the City of Algona, as long as Algona
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contracts for its court services with the CITY, who state a
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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
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information provided by the applicant under oath (RCW
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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
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the SCREENER determines the defendant is eligible for court
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appointed counsel, the SCREENER shall provide such
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information to the court and shall refer the defendant to the
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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
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retain private legal services without substantial hardship to
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himself/herself or his/her family but is able to participate
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in the payment of the costs of a public defender, then the
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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
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and referral in accordance with instructions received from
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the CITY The SCREENER agrees to fill this position from
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week to week except for reasonable periods of vacation and
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22 illness
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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
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Municipal Court on Thursday of every week or on said days and
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times as Auburn arraignment calendars are regularly scheduled
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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
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As compensation in full for all services rendered by the
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SCREENER herein, the SCREENER shall be compensated at an
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hourly rate of Twelve and no/100th Dollars ($12 00) per
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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
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Agreement pursuant to regular CITY accounts payable
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procedures The SCREENER shall maintain appropriate records
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accounting for all services rendered to and on behalf of the
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23 CITY Such records shall include the following The name of
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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
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of service rendered
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SECTION 4 NO ASSIGNMENT OR SUBCONTRACTS
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No assignment or transfer of this Agreement, nor of any
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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
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contractor and nothing contained herein shall be construed as
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giving rise to an employer-employee relationship between the
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CITY and the SCREENER In this regard, the SCREENER
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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
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February, 1998, and shall remain in force and effect unless
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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
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Resolution No 2905
26 January 2, 1998
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1 SECTION 7 INDEMNIFICATION
2 The SCREENER agrees to indemnify and hold harmless the
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CITY for loss, damage and/or injury from acts or omissions of
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the SCREENER, its employees or agents, to the person or
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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
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SECTION 8 ENTIRE AGREEMENT
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This Agreement contains the entire Agreement between the
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CITY and the SCREENER and no statements, promises or
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15 inducements made by either party that are not contained in
16 this written Agreement shall be valid or binding
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25 Resolution No 2905
26 January 2, 1998
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1 IN WITNESS WHEREOF, the
parties have executed this
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Agreement on the dO- day of , 1998
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5 CITY OF AUBURN
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&mks. P-, Re„--fe,
9 CHARLES A BOOTH
MAYOR
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12 ATTEST
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14 /104.14.Q/ !)- tbalea
15 Danielle E Daskam,
City Clerk
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18 APPROVED AS TO FORM
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Michael J Reynolds,
21 City Attorney
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Resolution No 2905
26 January 2, 1998
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1 SCREENER
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3 1 /1 iv/v.\
4 GAIL R CANNON
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STATE OF WASHINGTON )
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COUNTY OF KING
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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
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15 IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the date hereinabove set forth
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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
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Rae 9�n;i23 MY COMMISSION expires /6 9- 99
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25 Resolution No 2905
January 2, 1998
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(r>)BusinessReistration tty
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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