084-23 - Independent Review & Consulting Group - ContractDocuSign Envelope ID: F30A256A-A9E6-45F6-A2E6-F79F7795EO48
rr,aPrPrraPr* u 1-1»PW & Consulting Group, LLC
cschwartz@ircg-wa.com
(253) 987-6771
Agreement For Professional Investigative Services
This Agreement is made on or about October 2, 2 02 3, between the City of
Port Orchard, WA (Client) and Independent Review & Consulting Group (IRCG).
1) Scope of Representation
In consideration of the agreements made herein, IRCG (the "Contractor") will conduct
investigative activities consisting of an Administrative Investigation into alleged employee
misconduct on behalf of the Client.
IRCG investigators will apply their skills, knowledge, training, and professional judgment to
identify the pertinent facts, synthesize evidence, and (upon client request) reach a finding
as to what happened based on the preponderance of the evidence. IRCG will not make any
legal findings related to this matter.
2) Other Claims
IRCG will inform the Client if it discovers other potential claims during the investigation.
However, the scope of this investigation shall not be expanded to include such claims
absent mutual agreement between the Client and IRCG.
3) Effective Date
The effective date of this agreement shall be on the date of execution by both parties. Said
investigative activities will begin on or about the execution of this agreement.
4) Fees and Expenses
The client agrees to pay the following professional service fees to IRCG for investigative
and administrative services:
A. Investigative, administrative time: $225.00 per hour
B. Investigator travel time: $75 per hour
C. Transcription of audio recordings: 100% of Speakwrite transcription rate at the
time of service
D. IRCG's actual costs incurred for travel, including meals, lodging, parking, tolls, and
other related expenses. Mileage will be charged at the current federal standard
mileage rate per mile.
E. Testimony or preparation for administrative/court hearings related to the
investigation: $225 per hour.
WA Lie. #DOR00030073 18613 133rd St Ct E, Bonney Lake, WA 98391-5560
DocuSign Envelope ID: F30A256A-A9E6-45F6-A2E6-F79F7795EO48
rr,aPrPrraPr* u 1-1»Pw & Consulting Group, LLC
cschwartz@ircg-wa.com
(253) 987-6771
IRCG reviews its rate annually. Should any contract with the Client exceed the current year,
IRCG retains the right to raise its rate with written notice to the Client. In -progress
investigations will be completed at the original rate.
S) Report
Unless waived herein by the Client, IRCG agrees to provide, within 60 days of the
conclusion of the investigative services contracted herein, a written report accurately
detailing the results of the investigation.
The Client is entitled, upon written request to any files in IRCG's possession relating to the
services performed by IRCG, excluding internal accounting records. IRCG shall maintain
complete written records of its investigation for two years following the conclusion of the
investigation.
6) Independence
The client understands that IRCG shall utilize good faith and best efforts to investigate the
matter.
The client agrees and understands that no promises of any kind regarding the outcome of
this investigation have been made, and compensation is not dependent on documenting
any particular activity.
The client agrees that IRCG is to investigate at its sole discretion. Neither employees nor
agents of the Client will participate in any decisions regarding what evidence IRCG reviews
to reach its findings, the weight IRCG should give to any evidence it receives or the
substance of IRCG's findings. IRCG shall comply with state and federal statutes. The client
does not request, nor does IRCG agree to commit any act generally considered illegal,
unethical, or immoral.
7) Confidentiality
The investigation will be considered confidential to the extent permitted by law. IRCG
agrees that its investigation report and data shall be deemed the Client's property. IRCG
may not disclose its work and conclusions, including notes, reports, or summaries,
regardless of the form or media in which they are maintained or collected, to any person or
entity, including media, a party or agency, governmental or otherwise, without the express
written authorization of the Client, Client's attorney, court order or in the case of a serious
criminal violation. If subpoenaed to testify related to IRCG's services performed under this
agreement, IRCG shall notify the Client of any subpoena before it may provide testimony or
data concerning its investigation or report. The investigator shall testify truthfully and
completely about its investigation.
WA Lie. #DOR00030073 18613 133rd St Ct E, Bonney Lake, WA 98391-5560
DocuSign Envelope ID: F30A256A-A9E6-45F6-A2E6-F79F7795EO48
rr,aPrPrraPr* u 1-1»Pw & Consulting Group, LLC
cschwartz@ircg-wa.com
(253) 987-6771
8) Indemnity and Hold Harmless
The parties agree and hold harmless each other, their officers, agents, and
employees in accordance with the following provisions:
A. IRCG shall indemnify the Client from and against
1. Any cost, claim, or liability arising from the claims of an employee, agent, or
subcontractor to the end that IRCG shall be an independent contractor, and
the Client shall be relieved of any and all claims arising from or relating to
such employment relationships or contracts between IRCG and third parties.
2. The alleged negligent or tortious act of the contractor in the provision of
services under this agreement.
3. Any claim or charge incurred relating to a charge paid by the Client according
to section 2 of this agreement.
B. The Client shall indemnify and hold harmless IRCG, its officers, agents, and
employees from any and all cost, claim, or liability arising from the alleged
negligent or tortious act of the Client or its officers, agents, or employees in the
provision of services described herein.
C. The promises of the Client and IRCG shall include the reasonable cost of legal
defense by counsel chosen by the mutual agreement of the parties but shall
exclude any cost, claim, or liability arising from breach of this agreement or the
negligent or tortious act of the party seeking indemnity, its officers, agents,
and/or employees.
9) Termination
The Client may cancel this agreement at any time for its convenience upon written
notification to IRCG. In the event of termination, IRCG shall be entitled to compensation for
services performed to the effective date of termination, provided the Client can condition
payment of such compensation on IRCG's delivery of all documents and other materials
provided to IRCG or prepared by or for IRCG or the Client in connection with this
agreement.
10) Miscellaneous
Client understands and agrees that any and all public record sources given to Client by
IRCG are for information purposes only. IRCG assumes no liability for accuracy,
WA Lie. #DOR00030073 18613 133rd St Ct E, Bonney Lake, WA 98391-5560
DocuSign Envelope ID: F30A256A-A9E6-45F6-A2E6-F79F7795EO48
rndebendent Review & Consulting Group, LLC
cschwartz@ircg-wa.com
(253) 987-6771
completeness, or omissions. The client agrees to contact the appropriate governmental
agency for any necessary information to verify or authenticate such public records.
Client understands and agrees that information provided through IRCG is based on criteria
provided by Client, which should be verified before submission by the Client. IRCG
assumes no responsibility for the accuracy of this information and its subsequent
application by the Client.
Each of the parties hereto agrees to defend and indemnify the other for all damages caused
by the negligent acts, errors, and omissions or other liable conduct of itself, its employees,
or agents arising out of the performance of this Agreement.
The parties agree that the laws of the State of Washington shall govern this agreement. The
parties expressly consent to personal jurisdiction in the State of Washington and agree that
the Pierce County Superior Court shall be the exclusive venue for any action or proceeding
between the parties arising out of or related in any way to this Agreement.
If any portion of this Agreement is determined to be invalid, the invalid portion shall be
stricken. However, the remainder of the Agreement shall retain its full legal force and
effect.
E9U�D Signed by:
b(�lnrM A SWti , (Client)
Name - Title of Client
Mayor
S� S (IRCG)
Stephen Craig Schwartz - Principal
Independent Review & Consulting Group, LLC.
Date: 10/2/2023
Date: f crodm 2, 2023
WA Lic. #DOR00030073 18613 133Id St Ct E, Bonney Lake, WA 98391-5560