HomeMy WebLinkAboutPD1998-0304 - Original - Denice Foxx - Public Defence Screening Services - 02/02/1998 AGREEMENT FOR PUBLIC DEFENSE SCREENING SERVICES
This Agreement is entered into by and between the CITY OF KENT, a municipal
corporation, whose address is 220 Fourth Ave. S., Kent, Washington 98032, (the "City"), and
DENICE FOXX, a sole proprietorship, whose address is 1317 - 17th Street SE, Suite A, Auburn,
Washington 98002, hereinafter referred to as the "Screener".
In consideration of mutual agreements and covenants herein, the parties agree as follows:
1. Scope of Services. All defendants charged under City ordinances for criminal
offenses who state a desire for appointed counsel shall be referred to the Screener. The Screener
shall make a determination of indigency and eligibility for appointed counsel, as provided in RCW
10.101. Such determination shall be made from information provided by the defendant under oath
(RCW 9A.72.085) and set forth on forms provided by the City. If the Screener determines the
defendant is eligible for court appointed counsel, the Screener shall provide such information to the
court and shall refer the defendant to the Public Defender for the City who shall provide legal
counsel to the defendant. If the Screener determines the defendant is not indigent and does not have
sufficient resources to pay the entire cost of private legal services without substantial financial
hardship to the defendant or his or her family, but that the individual is able to pay a portion of the
legal costs, the Screener shall cause the defendant to execute a promissory note (RCW 10.101) on
a form provided by the City made payable to the City for the amount which the defendant is able to
pay, not to exceed $ OC)
2. Screener Office. The Screener shall be available at Kent Municipal Court and the
Kent Corrections Facility on Monday and Tuesday of every week or at such designated times and
places as set by Kent Municipal Court.
3. Compensation. As compensation in full for all services rendered by the Screener
herein, the Screener shall be compensated at an hourly rate of Fourteen and no/100 Dollars ($14.00)
per service hour for screening services rendered each month.
The Screener shall submit, on a monthly or bimonthly basis, an invoice to the City for
services rendered and the City shall promptly pay for services rendered under this Agreement
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pursuant to regular City accounts payable procedures. The Screener shall maintain appropriate
records accounting for all services rendered to and on behalf of the City. Such records shall include
the following: the name of the defendant served, the date ol'such service and the type of service
rendered.
4. Independent Contractor Status. This Agreement calls for the performance of the
services of the Screener as an independent contractor and Screener will not be considered an
employee of the City for any purpose. The Screener and/or its subcontractor(s) shall secure at his
or her own expense, and be responsible for any and all payment of income tax, social security, state
disability insurance compensation, unemployment compensation, Worker's Compensation, and all
other payroll deductions for the Screener and its officers, agents and employees and the costs of all
business licenses, if any,in connection with the services to be performed hereunder. Screener will
be solely responsible for its acts and the acts of Screener agents, employees, servants, and
subcontractors during the performance of this contract.
5. Assignment or Subcontracting. No assignment or transfer of this Agreement, nor
of any interest in this Agreement, shall be made by either of the parties without prior written consent.
6. Indemnity. The Screener agrees to indemnify and hold harmless the City for loss,
damage and/or injury from acts or omissions of the Screener, its employees or agents, to the person
or property of any person or corporation, while engaged in the performance of these duties, and if
any claim or liability shall arise from the joint or concurring negligence of both parties hereto, it
shall be borne by them in proportion to each party's negligence.
7. Term of Agreement and Termination. This Agreement shall commence on the 2nd
day of February, 1998,and shall remain in force and effect unless terminated by written notice given
by either party effective upon receipt of notice unless otherwise provided.
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8. Entire Agreement. This Agreement contains the entire Agreement between the City
and the Screener and no statements, promises or inducements made by either party that are not
contained in this written Agreement shall be valid or binding.
CITY OF KENT SCREENER
By:
J WHITE, MAYOR DENICE FOXX q
Da Date: — �9
ATTEST: APPROVED AS TO FORM:
CITY CLERK O R A. LUBOVICH, CITY A
Y
P\LAW\CONTRACT\SCREENER.DOC 7
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