INDEPENDENT CONTRACTOR AGREEMENT ... - City of DuPont

INDEPENDENT CONTRACTOR AGREEMENT
INTERIM FIRE CHIEF
This agreement is entered in duplicate by and between the CITY OF DUPONT, hereinafter
referred to as the CITY and BOB MERRITT, hereinafter referred to as the CONTRACTOR.
WITNESSETH:
WHEREAS, The CITY desires to have certain management services performed in the Fire
Department requiring specialized skills and other supportive capabilities; and
WHEREAS, the CITY has determined that these services are best provided by a
CONTRACTOR; and
WHEREAS, the CONTRACTOR represents that the CONTRACTOR is qualified and possesses
sufficient skills and the necessary capabilities, including technical and professional expertise, to
provide the services required by the CITY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants and performance
contained herein, the parties hereto agree as follows:
1. SCOPE OF SERVICES
The CONTRACTOR shall perform those services described in Exhibit B attached hereto and
incorporated herein by this reference as is fully set forth. In performing such services, the
CONTRACTOR shall at all times comply with all Federal, State and local statutes, rules and
ordinances applicable to the performance of such services and the handling of any funds used in
connection therewith. The CONTRACTOR shall request and obtain prior written approval from
the City if the scope or schedule is to be modified in any way.
2. COMPENSATION AND METHOD OF PAYMENT
The City shall pay the CONTRACTOR for services rendered according to the rate and method
set forth on Exhibit A attached hereto and incorporated herein by this reference.

3. INDEPENDENT CONTRACTOR
CONTRACTOR and CITY agree that Contractor is an independent contractor with respect to
the services provided pursuant to this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties hereto.
Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded
City employees by virtue of the services provided under this Agreement. The City shall not
be responsible for withholding or otherwise deducting federal income tax or social security
or contributing to State Industrial Insurance Program, or otherwise assuming the duties of an
employer with respect to the Contractor, or any employee of the Contractor.
4. The CITY’s primary representative for this contract shall be
Bill McDonald
City Administrator
303 Barksdale Ave.,
DuPont, WA 98327-9002
(253)964-8121
5. CONTRACTOR REPRESENTATIVE
The CONTRACTOR’s primary representative for this contract shall be:
Bob Merritt
121 Tanglewood Lane Suite 2a
Selah Heights, WA 98949
6. OWNERSHIP OF DOCUMENTS
Reproducible copies for all documents developed and used by the CONTRACTOR in connection
with the performance of this agreement shall be the property of the CITY and shall be made
available to the CITY by the CONTRACTOR.
7. NONDISCRIMINATION
The CITY is an equal opportunity employer. The CONTRACTOR shall not discriminate or
permit discrimination against any person or group of persons on the basis of race, color, religion,
national origin, ancestry, sex or age during performance of the Agreement.

8. USE OF FACILITIES
CITY shall make available to the CONTRACTOR machinery and supplies necessary to
accomplish the tasks assigned. The machinery and supplies referenced under this section shall
include, but not be limited to computer access, use of copiers, provision of paper, etc.
9. INSURANCE AND INDEMNIFICATION
DuPont Municipal Code (DMC) 1.10.020 makes contracted officials eligible for insurance
protection and defense.
10. COMPLIANCE WITH LAWS
The CONTRACTOR, in performance of this Agreement, shall comply with applicable federal,
state or local laws and ordinances.
11. NON-WAIVER
The failure of either party to exercise any rights or remedies under this Agreement for any breach
shall not constitute a continuing waiver of any obligation and shall not prevent either party from
pursuing any such rights or remedies for any succeeding breach.
12. ATTORNEY FEES AND COSTS
If any legal proceeding is brought for the enforcement of the Agreement, or because of a dispute,
breach, default or misrepresentation in connection with any of the provisions of the Agreement,
the substantially prevailing party shall be entitled to recover from the other party, in addition to
any other relief to which such party may be entitled, reasonable attorney’s fees and other costs
incurred in that action or proceeding.
13. TERMINATION
The CITY and the CONTRACTOR may terminate this agreement at any time, without cause,
with thirty (30) days written notice or by mutual consent. This agreement may be terminated
immediately for malfeasance or illegal action by the CONTRACTOR.
14. MODIFICATION
This Agreement may be amended only upon the written agreement of the parties, executed with
the same formalities required for the execution of this agreement.
15. JURISDICTION AND VENUE
This agreement has been and shall be construed as having been made and delivered within the
State of Washington and it is agreed by each party hereto that this Agreement shall be governed
by laws of the State of Washington, both as to interpretation and performance.

16. TERM OF THE CONTRACT
The term of this contract shall be from June 30, 2008 and shall continue until no later than
December 31, 2008.
17. ENTIRE AGREEMENT
The parties agree that this Agreement is the complete expression of the terms hereto and any oral
representations or understandings not incorporated herein are excluded. Further, any
modification of the Agreement shall be in writing and signed by both parties. Failure to comply
with any of the provisions stated herein shall constitute material breach of contract and cause for
termination. It is also agreed by the parties that the forgiveness of the nonperformance of any
provision of this Agreement does not constitute a waiver of the provisions of this Agreement.
Dated this _____ day of _________________, 2008
CONTRACTOR
CITY OF DUPONT
_________________________
Bob Merritt
CONTRACTOR
___________________________
Bill McDonald
CITY ADMINISTRATOR
___________________________
Tamara Jenkins
MAYOR

Exhibit A
Billable rate shall be monthly supported by an invoice with a summary of allocation of time.
The City agrees to pay the CONTRACTOR every two weeks.
1. Mid range for Fire Chief = $7227.75
2. Additional value of benefit roll-up at 30.7% = $2221.25
3. Reimbursement of lodging and travel costs at $1,000.00.
Exhibit B
This agreement is for Interim Fire Chief services only.