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065-23 - Alan Haskins - ContractDocuSign Envelope ID: E91EBD40-A243-4719-BECO-94F20BF5BF75 CITY OF PORT ORCHARD CONTRACT FOR PROFESSIONAL SERVICES Contract No. 065-23 This Agreement is entered into by and between the City of Port Orchard, a Washington municipal corporation ("City"), and Alan Haskins, ("Consultant") whose principal office is located at 323 Camie Drive, Walnut Ridge, AR 72476. WHEREAS, the City has determined the need to have certain services performed for the residents of Port Orchard, requiring specific expertise, and WHEREAS, the City desires to have the Consultant perform such services pursuant to certain terms and conditions, and NOW THEREFORE, in consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scone and Schedule of Services to be Performed by Consultant. The Consultant will review investigative reports prepared by City law enforcement officers regarding Port Orchard Police Report #D08-000929 to determine the cause and method of the suspected arson which is subject of the investigation. 2. Compensation and Method of Payment. The Consultant has not requested payment for these services. If the Consultant determines that additional expenses are necessary to carry out his services under this Agreement, he shall request approval of such expenses from the City prior to incurring such expenses, provided there shall be a total cap of $2,000 on any such expenses. 3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing upon mutual execution of this Agreement, and ending December 31, 2023, unless sooner terminated under the provisions of this Agreement. Time is of the essence of this agreement in each and all of its provisions in which performance is required. 4. Ownership and Use of Documents. Any records, files, documents, drawings, specifications, data or information, regardless of form or format, and all other materials produced by the Consultant and submitted to the City in connection with the services provided to the City, shall be the property of the City, whether the project for which they were created is executed or not. 5. Independent Consultant. The Consultant and the City agree that the Consultant is an independent Consultant with respect to the services provided pursuant to this Agreement. The Consultant will be solely responsible for its acts and for the acts of its agents, employees, subconsultants or representatives during the performance of this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. Neither Consultant nor any employee of Consultant 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 the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. -1- 10711697.1 - 366922 - 0001 DocuSign Envelope ID: E91EBD40-A243-4719-BECO-94F20BF5BF75 6. Indemnification. Consultant shall protect, defend, indemnify and hold harmless the City, its officers, officials, employees, agents and volunteers from any and all costs, claims, injuries, damages, suits, losses or liabilities of any nature, including attorneys' fees, arising out of or in connection with the acts, errors or omissions of the Consultant, its officers, employees and agents in performing this Agreement. 7. Termination. Either party may terminate this agreement without advance notice, provided all finished or unfinished documents, data, studies, worksheets, models, reports or other materials prepared by the Consultant pursuant to this Agreement shall promptly be submitted to the City upon termination. 8. Discrimination Prohibited. The Consultant shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Consultant under this Agreement, on the basis of race, color, religion, creed, sex, sexual orientation, age, national origin, marital status, presence of any sensory, mental or physical disability, or other circumstance prohibited by federal, State or local law or ordinance, except for a bona fide occupational qualification. 9. Conflict of Interest. The Consultant represents to the City that it has no conflict of interest in performing any of the services set forth in Section 1 above. In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the City. 10. Confidentiality. All information regarding the City obtained by the Consultant in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate termination. All information received from the City, including but not limited to investigative records prepared by City law enforcement officers. 11. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be exclusively in Kitsap County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit, which shall be fixed by the judge hearing the case, and such fee shall be included in the judgment. IN WITNESS WHEREOF, the parties have executed this Agreement on this _ day of , 2023. CITY OF PORT ORCHARD, WASHINGTON DocuSigned by: By: L b PWM JA.SVLJt Robert Putaansuu, Mayor ATTES �RIENTICATE: By: V'aln,� Brandy Wallace, MMC, City Clerk -2- 10711697.1 - 366922 - 0001 VENDOR DocuSigned by: By: &LA, J�&SUV's Name: Uffs Title: NAFI certified CFEI DocuSign Envelope ID: E91EBD40-A243-4719-BECO-94F20BF5BF75 APPROVED AS TO FORM: DocuSigned by: By: Charlotte A. Archer, City Attorney -3- 10711697.1 - 366922 - 0001