HomeMy WebLinkAbout000992 Original Contract City of Port Angeles
Record # 000992
PER-DIEM EMPLOYMENT AGREEMENT
This contract is entered into between the City of Port Angeles, an optional municipal code
city of the State of Washington (hereinafter referred to as "City"), and Glenn A. Cutler, former
Public Works and Utilities Director, for the City of Port Angeles, (hereinafter referred to as the
"Employee").
In consideration of the covenants and promises set forth herein, the parties hereto agree as
follows:
1. Scope of Services. Employee agrees to provide the City with services in the form
of consultation and advice as requested by the City Attorney regarding negotiations with the
National Park Service concerning the Elwha River Ecosystem and Fisheries Restoration Act.
Without limiting the generality of the previous sentence, the scope of services includes, but is not
limited to:
• Consulting with and advising the City Attorney, as requested by the City Attorney,
on questions and issues arising in on-going negotiations between the City and the
National Park Service concerning mitigation measures necessary to protect the City
in accordance with Elwha River Ecosystem and Fisheries Restoration Act. The
consulting and advice contemplated here is intended to be attorney work product
and subject to attorney-client privilege.
• As requested by the City Attorney,participate in negotiations between the City and
the National Park Service concerning mitigation measures necessary to protect the
City in accordance with Elwha River Ecosystem and Fisheries Restoration Act.
• As requested by the City Attorney, analyze issues, options, arguments, and
strategies concerning mitigation measures necessary to protect the City in
accordance with Elwha River Ecosystem and Fisheries Restoration Act; and report,
as directed by the City Attorney, on these topics. The analysis contemplated here
is intended to be attorney work product and subject to attorney-client privilege.
2. Standard of Services. Employee shall provide the services under this contract in
accordance with the professional and ethical standards of his profession.
3. Term. This contract shall commence immediately and shall continue until the City
has achieved satisfactory resolution of all issues concerning mitigation measures necessary to
protect the City in accordance with Elwha River Ecosystem and Fisheries Restoration Act.
4. Termination. Either party may terminate this contract at will upon ten (10) days
written notice to the other party.
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5. Compensation. Employee's compensation for the services performed herein shall
be at the hourly rate of$70.00 and shall not exceed the total amount of$14,000.00. Employee
shall submit time sheets to the City Attorney, and the City shall make payment to the Employee
bi-weekly, the same as other employees.
The parties understand and agree that Temporary Employee is a per-diem part-time
employee, not a full-time, regular employee of the City. City shall assume full responsibility of all
federal, state, and local taxes and contributions imposed or required, including, but not limited to,
unemployment insurance, Social Security, and income tax withholding. Per-diem Employee
shall not be entitled to medical insurance, vacation, sick leave, or any other benefits provided by
the City to its regular, full-time employees.
Minimum hours: If the Employee is directed to report to some specified location for
purposes of performing work under this Agreement, the employee shall be paid for a minimum of
four hours of work. If the Employee is not directed to do so but does travel to some location away
from his home for purposes of performing work under this Agreement,the Employee shall be paid
for a minimum of two hours of work. For work performed in the Employee's home, the
Employee shall be paid for actual time worked, to the nearest fifteen minute increment.
If required, Employee may have the use of a City laptop and virtual desktop access to
conduct City business at home. If a laptop is provided, it will be returned to the City at the
completion of the Employee's employment.
6. Confidential Information. The Employee's point of contact shall be the City
Attorney. The Employee's primary service under this Agreement is to assist and advise the City
Attorney in analyzing issues and developing strategy to resolve, though negotiations or litigation,
disputed claims between the City and the National Park Service concerning federal government's
obligations under the Elwha River Ecosystem and Fisheries Restoration Act. All such assistance
and advice is intended to be confidential. The Employee shall treat all communications between
the Employee and the City Attorney as attorney work product prepared in anticipation of litigation
and subject to attorney-client privilege. As such, the Employee shall not disclose, divulge, or
reveal to anyone not expressly authorized by the City Manager to receive the information,
regardless of format or medium, exchanged with the City or learned from the City in the course of
performance of this Agreement. At the termination or expiry of this Agreement, the Employee
shall return to the City all writings, as that word is defined in RCW 42.56.010, in the possession of
the Employee relating the services provided by the Employee pursuant to this Agreement.
7. Breach of Contract. Each party shall have all remedies provided in law or equity for
breach of any provision of this contract
8. Applicable Law and Venue. This contract shall be governed by, and construed in
accordance with, the laws of the State of Washington. Venue of any legal action related to this
contract shall be in Clallam County, Washington.
9. Modification. This contract may be modified, or its term extended, by written
modification hereto.
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IN WITNESS WHEREOF, the parties hereto have executed this contract the date
and year indicated below.
CITY OF PORT ANGELES EMPLOYEE
By
Dan McKeen, City Manager Glenn A. Cutler
Date: 'I C) , 2015 Date: 2015
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