2025/09/03 Council Agenda Packet

6 3.2 Termination on Mutual Agreement. The parties may agree in writing to terminate this Agreement at any time. Unless otherwise agreed to in writing, termination or expiration of this Agreement does not affect any existing obligation or liability of either party. 3.3 Obligations Survive Termination. In the event of termination of this Agreement, the following obligations shall survive and continue: 3.3.1 Representation. The compensation established in this Agreement compensates RALJ Public Defender for services relating to each and every assigned case. Therefore, in the event this Agreement is terminated, the RALJ Public Defender will continue to represent clients on assigned cases until the appeal matter is resolved. 3.3.2 The provisions of Sections 1 and 5, as well as subsection 2.4 survive termination as to the RALJ Public Defender. The City shall remain bound by the provisions of subsection 2.4 with respect to additional costs incurred with respect to cases concluded after the termination of this Agreement. 4. Nondiscrimination. Neither the RALJ Public Defender nor any person acting on behalf of the RALJ Public Defender, shall, by reason of race, creed, color, national origin, sex, sexual orientation, honorably discharged doctrine or military status, or the presence of any sensory, mental, or physical disability or the use of a trained guide dog or service animal by a person with a disability, discriminate against any person who is qualified and available to perform the work to which the employment relates, or in the provision of services under this Agreement. 5. Indemnification. The RALJ Public Defender agrees to hold harmless and indemnify the City, its officers, officials, agents, employees, and representatives from and against any and all claims, costs, judgments, losses, or suits including RALJ Public Defender’s fees or awards, and including claims by RALJ Public Defender’s own employees to which RALJ Public Defender might otherwise be immune under Title 51 arising out of or in connection with any willful misconduct or negligent error, or omission of the RALJ Public Defender, its officers or agents. It is specifically and expressly understood that the indemnification provided herein constitutes the waiver of the RALJ Public Defender’s waiver of immunity under Title 51 RCW solely for the purposes of this indemnification. The parties have mutually negotiated this waiver. The City agrees to hold harmless and indemnify the RALJ Public Defender, its officers, officials, agents, employees, and representatives from and against any and all claims, costs, judgments, losses, or suits including RALJ Public Defender’s fees or awards, arising out of or in connection with any willful misconduct or negligent error or omission of the City, its officers or agents. This Section 5 shall survive the termination or expiration of this Agreement and shall continue to be in effect for any claims or causes of action arising hereunder.