HomeMy WebLinkAbout4.469 Original Contract
MEMO
CITY ATTORNEY
WIlliam E. Bloor
City Attorney
[4531 ]
DennIS DIckson
Sf. AssIstant City
Attorney
[4532]
Candace Kathol
Legal Assistant
[4536]
Diana Lusby
Legal AdmimstratIve
AssIstant
[4530]
Jeanie DeFrang
Legal AdmInIstrative
Assistant
[4530]
Teresa L. PIerce
Legal Records
SpecIalist
[4576]
</. </ (pq
~ORTA.NGELES
WAS H I N G TON, U. S. A.
TO:
FROM:
DATE:
RE:
Dennis C. Dickson, Sr. Assistant City Attorney
Becky Upton, City Clerk
June 29, 2004
Original Contract / Wiggins - Far West Forestry
Attached please find the original contract for services from Glenn Wiggins on
behalf of Far West Forestry. I believe this needs to be signed by Mayor Headrick.
Thank you for your assistance.
Respectfully,
Dil::c. Dickson
DCD:t1p
G ILEGALIMEMOS 20041UPTON WIGGINSCONTRACT wpd
<I. '</ ~ 9
CONTRACT FOR SERVICES k ~,.-..;:o~~7 /J
This contract is entered into between the City of Port Angeles, a optional municipal code city ~
the State of Washington (hereinafter referred to as "City"), and . , (hereinafter referred
to as "Contractor").
In consideratIOn of the covenants and promises set forth herein, the parties hereto agree as follows:
1. Scope of Services. Contractor agrees to provide the following services for and on behalf
of the City:
a. Assessment and estimate of approximate value, but not a full timber, cruise on 40
acres of property owned by the City located in the north half of the southeast quarter
of Section 6, Township 29 North, Range 5 WWM.
b. Contact the Ma/'nke Timber Company and assure that the Company does not harvest
any located on City property.
c. Periodically monitor the timber harvest to be conducted by Maafike and assure that
no trees from City property are taken.
d. Coordinate with Ma,t'Cnke Timber Company for the removal of two hazard trees
located on the boundary between the City property and the Atterberry property.
2. Standard of Services. Contractor shall provide the services under this contract in
accordance with the professional and ethical standards.
3. Term. This contract shall commence on June :z."3 , 2004 and shall continue until
~7;16e. ~/, 2004 unless sooner terminated pursuant to paragraph 4 or unless extended by
mutual agreement of the parties.
4. Termination. Either party may terminate this contract at will upon ten (10) days written
notice to the other party.
..J- 5. Compensation. Contractor's compensation for the services performed herem shall be at
f ~O hourly rate, and shall include the costs, set forth in the attached Exhibit A and shall
not exceed the total amount of $15,000. Contractor shall submit itemized invoices to the City
Manager, and the City shall make payment to the Contractor within thirty days of submittal of
acceptable invoices.
6. Relationship of Parties. The parties understand and agree that Contractor is a sole
practitioner. Contractor shall act as an independent contractor and not as an employee ofthe City.
Contractor shall perform the services under this contract free from the City's direction and control
over the manner of performing the work. Contractor may hire employees to assist in performing the
1
work and shall provide and use its own equipment, including telephone, computer, and vehicle.
Contractor shall assume full responsibility of all federal, state, and local taxes and contributions
imposed or required, including, but not limited to, unemployment insurance, Social Security, and
income tax withholding and shall not be entitled to the benefits provided by the City to its
employees.
7. Hold Harmless. Indemnification. and Insurance. Contractor shall indemnify, defend, and
hold harmless the City, its officers, agents and employees from and against any and all claims,
damages, losses, and expenses, including reasonable attorney fees, occurring, arising, or resulting
from Contractor's acts, omissions, or failures in supplying services under this contract.
8. Breach of Contract. Each party shall have all remedies provided in law or equity for
breach of any provision of this contract,
9. Applicable Law and Venue. This contract shall be governed by, and construed in
accordance with, the laws of the State of Washington. Venue of any legal action related to this
contract shall be in Clallam County, Washington.
10. Modification. This contract may be modified, or its term extended, by written
modification hereto.
IN WITNESS WHEREOF, the parties hereto have executed this contract the date and year
indicated below.
f=;7/fL ~;:;.eF$Tio/
CITY OF PORT ANGELES GLEN}~ '.VIGOll.Q8 {
B~~r!L t-~~~~
Date: June ~q , 2004
Date: June ?-~, 2004
ATTEST:
b~-U(lbA
Becky J. U n, Clerk
G \Lcgal_ B'ack~p\AGREEMENTS&CONTRACTS\ Wlggms con wpd
June 8, 2004
2
FARWEST
FORESTRY
GlLENN JR. WHGGHNS
c. -~ ? -0 t:
~, . . ~-?e-
~.k-~ ~ ~
- / >> ~ ~ J: CK>[L/~.
~'
~I
Phone or Fax: 360-457-7115 · Home: 360-457-7700 · 702 Caroline Street · Port Angeles, WA 98362 · email: glenn@olypen.com