HomeMy WebLinkAbout000764 Original Contract C'** Of Port Angeles
Record''~�ord # 000764
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CITY O9PORT ANGELES
PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT, made this W.1" day of ' 2Ul4, by and between the City o[
Port Anu600 Washington, bcrcJuoftcr called "City" and Scott Ramsey, whose uddcoeo is 1629
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West 13 Street, Port Angeles, W/\,hereinafter called"Contractor."
IN CONSIDERATION of the payments, oovonooim, and uDcecrucntm hereinafter
mentioned,to be made and performed by the parties hereto, the parties agree as follows:
I. Services and Time of Performance:
The Contractor obuU pocfonzo services as an Umpire Assignor: Contractor will umaigu
umpires to City-run softball tuocuuozeote and the City 000u, vvonouu, and co-ed lcuAuou
between the dates of April 25 and September 8`20l4.
2. Location:
The Contractor shall perform the services at various fields throughout the Port Angeles
area.
3.
The City shall pay the Contractor u total wf$600O0 that shall bc split into two payments
of$300. The Contractor will provide the City with a vvdikez invoice prior to pu}noeoL.
The first payment will paid to the Contractor by June 1, 2014 and the second payment by
September 0,2Ol4.
4. Independent Contractor Status:
The relationship created by this Contract inthat of employer/independent uontractm. The
Contractor is not an employee of the City and is not entitled to the benefits provided by
the City to its employees. The Contractor is on independent 000tzao(oz and has the
authority to control and direct the performance within the scope of services.
The Contractor shall assume full responsibility for the payment of all federal, o\u1e' and
local taxes or noundbub000 lugp000d or required, iuo|udio@: but not limited to,
unemployment insurance, social security,industrial insurance, and income tax.
5. :
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The Contractor agrees to n:l000e, indemnify, defend, and save bunnleeo the City, its
otOucm, employees and uAeoto for and aAuiva< any and all liability, loss, damage,
esycnau, nod000 and o)uinum" including ooaim and reasonable attorney's 5cco incurred by
the City, its officers, euqz\oyecm and ugeo|e in defense bbezonf, occurring or arising
directly or indirectly on account of or out of the performance of service pursuant to this
Contract.
Should a court of competent jurisdiction determine that this Coo{osot is euhico( to RCW
4.24.|\5,then,iu the event o[liability for damages arising out of bodily injury topormonm
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or damages to property caused lym resulting from the concurrent of the
Contractor and the City, its officers, offioinJa, employees, and volunteers, the Contractor's
liability hereunder shall be only to the extent of the Contractor's negligence. biufurther
specifically and expressly understood that the indemnification provided herein constitutes
the Contractor's waiver of immunity under Industrial Insurance,Title 51 RCW,solely for
the yurpwoco of this indemnification. This waiver has been uootuuUy negotiated by the
parties. The provisions of this section obul| survive the expiration or <coniou1iou of this
Contract.
6. Authorit �
The Contractor does not have, and shall not hold itself out oa having, authority tocreate
any contract or obligation that is binding on the City unless the City otherwise 000meuto
in writing.
7. Assignability:
The Contractor shall not assign or transfer any interest in this Contract.
«' EMployees of the Contractor:
All services 0o be performed by the Contractor b*nro ebu| only be performed by the
Contractor and not by employees or others unless by specific written consent of the City.
9. Wage in Hours Law Compliance:
The Contractor shall comply with all applicable provisions of the Fair Labor Standards
Act and any other lmva uDeodug its employees, if any, and the rules and regulations
issued there under insofar au applicable toits employees and shall at all drocu indemnify,
defend and save the City free, clear and boroueea' from and against any and all actions,
u|uizoo, demands, expouaom arising out ofthe Act or laws and rules and regulations that
are ur may bepromulgated in conjunction booen'idh. .
lO. Equal EmploMent Oppoqqnity:
The yaUioo mbaD conduct their business in u manner which uemozeo [air, equal and uoo-
diooduduotnry treatment of all y*zeono, without respect to race, creed, color, sex,
\/ieioaoo era vn\ozuo status, disabled veteran condition, obyaiuul or ouco|ul handicap, or
national origin,and, in particular:
a. The parties will maintain open hiring and employment practices and will welcome
applications for employment in all yoodiooe from qualified individuals who are
members of the above stated minorities.
h. The parties will comply strictly with all requirements of applicable federal, state
or local \mvo or regulations issued pursuant dberoo, colo1iog to the eeiuh]iobzoout
of non-discriminatory requirements in hiring and enuplo}«ucot pruoduee and
ueuudoA the service of all patrons and customers without diemioduudoo with
respect to the above-stated minority status.
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11. Amendment to Contract:
The City may, from time to time, require changes in the scope of the service to be
performed hereunder. Such changes, including increase or decrease in the amount of the
Contractor's compensation, which are mutually agreed upon by the City and the
Contractor, shall be incorporated in written amendment to this Contract. No amendment
to this Contract shall be binding or enforceable unless it is made in writing and executed
by a duly authorized representative of each party.
12. Applicable Law:
This Contract shall be governed by, and construed in accordance with, the laws of the
State of Washington.
13. Termination:
The City may terminate this Contract at any time, with or without cause, by giving
written notice to the Contractor of such termination and specifying the effective date.
The termination notice shall be sent to the address set forth above. The Contractor shall
notify the City of any change in address. If the Contract is terminated by the City as
provided herein, the Contractor will be paid an amount which bears the same ratio to the
total compensation as the services actually performed bears to the total services of the
Contractor covered by this Contract,less payment for compensation previously made.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for
damages sustained by the City,its officers, employees and agents by virtue of any breach
of this Contract by the Contractor for the purpose of set off until such time as the exact
amount of damages due the City for the Contractor is determined.
14. Entire Agreement:
The parties agree that this Contract is a complete expression of the terms hereto and any
oral representation or understanding not incorporated herein is excluded.
IN WITNESS WHEREOF, the City and the Contractor have executed this Contract as of
the date first above written.
CONTRACTOR: CITY OF PORT ANGELES
Scott Ramsey 321 E. 5th Street
1629 West Thirteenth Port Angeles,WA 93862
Port Angeles,W 363
BY: BY:
Title: nC ✓. Title: C41
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APP R VED AS TO FORM ATTEST:
William E. Bloor,City Attorney Ja s a Hurd,City Clerk
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