HomeMy WebLinkAbout5865AGREEMENT
1 This Agreement made on December 4, 2017, by and between City of Bremerton,
(hereinafter "CLIENT") and Tom Ballard & Associates Consulting, Inc. (hereinafter "TBA"),
2 an independent contractor, according to the following terms and conditions:
3 1. TBA agrees to perform the following services (hereinafter "services) for CLIENT:
4 TBA will provide general consulting services to CLIENT, such services to include but not be
limited to the review and/or preparation of documents, providing general advice and consultation
5 to case preparation regarding Parnell, et cal. v. Courtney, et cal., Kitsap County Cause No. 17-2-
6 00165-3, together with expert testimony and other technical or support services as requested.
7 2. CLIENT agrees to pay TBA for the performance of the services provided at the following
rate(s) for all hours worked: Research and consultation activities at the rate of $225 per hour.
8 Court appearance, testifying and deposition activities at the rate of $425 per hour. Travel time
outside the general area boundaries of Keyport, Washington at the rate of $95 per hour.
9 Extraordinary expense directly and uniquely related to delivery of TBA services associated to
10 this agreement, pre -authorized by CLIENT, and supported by receipts, will be reimbursed by
CLIENT.
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3. TBA will submit an invoice for all services performed at the beginning of each month for
12 those hours worked the previous month. CLIENT agrees to make payment to TBA for the
13 services provided not later than 28 days after receiving an invoice for said services from TBA.
14 4. TBA agrees that it will act and perform, at all times, as an independent contractor, and
a. has the right to control and determine the methods and means of performing the
15 services,
16 b, has the right to perform services for other customers,
c. may employ assistants and employees as TBA deems necessary and will be
17 responsible for paying the assistants and employees, and for withholding income taxes,
unemployment insurance, and FICA taxes, and will maintain workers' compensation insurance
18 for such assistants and employees, and
19 d, will provide all equipment, tools and supplies necessary to perform the services.
2 0 5. This Agreement constitutes the entire agreement between the CLIENT and TBA and
supersedes all prior negotiations and agreements. The Agreement may not be modified except by
I 21 a written document signed by both parties. Both CLIENT and TBA reserve the right to terminate
this agreement at any time for any reason. Unless otherwise extended by modification, this
22 agreement terminates on December 31, 2019.
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6, This Agreement shall begoverned by, and interpreted according to the laws of the State of
24 Washington.
251 Enid J. Ballard, CEO, TBA Consulting, Inc.
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27 Roger Lubovich, City Attorney, City of Bremerton
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