HomeMy WebLinkAbout001071 Original Contract City of Port Angeles
Record # 001071
CITY OF PORT ANGELES
PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT, made this z day of ,Ior , 2016, by and between the City of
Port Angeles, Washington, hereinafter called "City" anfl Randy Rooney, whose address is 93
North Evergreen Drive, Port Angeles, WA, 98363, hereinafter called"Contractor."
IN CONSIDERATION of the payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties agree as follows:
1. Services and Time of Performance:
The Contractor shall perform services as an Umpire Assignor: Contractor will assign
umpires to City-run softball tournaments and the City men, women, and co-ed leagues
between the date of the contract above and September 9, 2016.
2. Location:
The Contractor shall perform the services at various fields throughout the Port Angeles
area.
3. Compensation:
The City shall pay the Contractor a total of$600.00 in two payments of$300. The first
payment will be made on or before June 1, 2016 and the second payment will be on or be.
The Contractor will provide the City with a written invoice prior to payment. The
payment will be paid to the Contractor by September 8, 2016.
4. Independent Contractor Status:
The relationship created by this Contract is that of employer/independent contractor. 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 an independent contractor 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, state, and
local taxes or contributions imposed or required, including, but not limited to,
unemployment insurance, social security, industrial insurance, and income tax.
5. Indemnification/Hold Harmless:
The Contractor agrees to release, indemnify, defend, and save harmless the City, its
officers, employees and agents for and against any and all liability, loss, damage,
expense, actions and claims, including costs and reasonable attorney's fees incurred by
the City, its officers, employees and agents in defense thereof, occurring or arising
directly or indirectly on account of or out of the performance of service pursuant to this
Contract.
It is further specifically and expressly understood that the indemnification provided
herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title
1
51 RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Contract.
6. Authority:
The Contractor does not have, and shall not hold itself out as having, authority to create
any contract or obligation that is binding on the City unless the City otherwise consents
in writing.
7. Assignability:
The Contractor shall not assign or transfer any interest in this Contract.
8. Employees of the Contractor:
All services to be performed by the Contractor herein shall 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 laws affecting its employees, if any, and the rules and regulations
issued there under insofar as applicable to its employees and shall at all times indemnify,
defend and save the City free, clear and harmless, from and against any and all actions,
claims, demands, expenses arising out of the Act or laws and rules and regulations that
are or may be promulgated in conjunction herewith.
10. Equal Employment Opportunity:
The parties shall conduct their business in a manner which assures fair, equal and non-
discriminatory treatment of all persons, without respect to race, creed, color, sex,
Vietnam era veteran status, disabled veteran condition, physical or mental 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 positions from qualified individuals who are
members of the above stated minorities.
b. The parties will comply strictly with all requirements of applicable federal, state
or local laws or regulations issued pursuant thereto, relating to the establishment
of non-discriminatory requirements in hiring and employment practices and
assuring the service of all patrons and customers without discrimination with
respect to the above-stated minority status.
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.
2
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
Randy Rooney 321 E. 5th Street
93 North Evergreen Drive Port Angeles, WA 93862
Port Angeles, WA 98363
BY: L , o- .,-.- BY:
Title: Title: ryi r is Q e,—
APPt OVED AS TO71M: ATTEST:
William E. Bloor, City Attorney J nnifer Veneklasen, City Clerk
HAa AGREEMENTS&CONTRACTS\2013 Agrmts&Contracts\Vogt.Basketball.06.10.13.wpd
3