HomeMy WebLinkAbout2020-01-01 - Merriah Barnett - Civil Service Secretary - General Agreements / General Service AgreementsServices Agreement for Civil Service Commission Secretary/Examiner
1. Parties. The parties to this Agreement are the City of East
Wenatchee ("City") and Merriah Barnett ("Barnett").
2. Recitals.
2.1. RCW 41.12.040, requires the East Wenatchee Civil Service
Commission to appoint a secretary and chief examiner.
2.2. RCW 41.12.040 also requires a secretary/chief examiner to keep
the records for the Commission, preserve all reports made to it,
superintend and keep a record of all examinations held under its
direction, and perform such other duties as the Commission may
prescribe.
2.3. After conducting a completive examination, the Commission
appointed Barnett to serve as the secretary and chief examiner.
3. Term of Agreement. The term of this Agreement is from January 1,
2020 until terminated by either party. The City or Barnett may
terminate this agreement by giving a 30-day written notice to the
other party for any reason with or without cause.
4. Obligations of Barnett. The Civil Service Commission has
established that the secretary and chief examiner will perform the
following duties:
4.1. Keep minutes and records of the proceedings of the Commission.
4.2. Safekeep the records and property of the Commission.
4.3. Provide proper notice of regular and special meetings.
4.4. Schedule hearings and notify all parties of hearing schedule.
4.5. Make recommendations regarding policy and amendments to
East Wenatchee's Civil Service Rules.
4.6. Report to the Commission at each regular meeting.
4.7. Submit Commission expenses to be paid by the City.
4.8. Prepare, under the direction of the Commission, and oversee all
examinations including: posting examination, consulting with the
Appointing Authority, determining minimum qualifications,
scoring the examinations, establishing a ranking list of those with
passing scores, preparing an eligibility list for hire or promotion.
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4.9. Submit testing materials and eligibility lists for the Commission
to audit/review and certify.
4.10. Inform the Commission of all appeals.
4.11. Secure the approval of the Commission for the questions
and testing components to be used in each examination.
4.12. Supervise or appoint a designee to be present at all
examinations whenever reasonable and practical.
4.13. Facilitate correspondences and questions to the
Commission.
4.14. Maintain all eligibility lists.
4.15. Record the results of votes taken by the Commissioners.
4.16. Provide notification of meetings to each Commissioner,
Appointing Authority and Labor Representative of each
department at least seven days prior to the next meeting. Provide
minutes to each Commissioner prior to the meeting and copies to
others as requested or required by state law.
4.17. Perform all other functions necessary to carry out East
Wenatchee's Civil Service Rules and the provisions of law relating
to the Civil Service System and additional duties as assigned.
5. Compensation. The City will pay Barnett $260.00 per month for
performing the obligations set forth in Section 4.
6. Independent Contractor. Barnett is an independent contractor.
The parties fully understand the nature of independent contractor
status and intend to create an independent contractor relationship.
Barnett had the right to control the manner and means by which
Barnett's work is accomplished. The City, however, retains the
right, however, to ensure that Barnett is performing her obligations
according to agreed upon standards. Consistent with this
relationship, Barnett is not be covered by any City benefit
programs, such as health and welfare benefit plans, sick leave,
vacation pay, social security, worker's compensation,
unemployment compensation, or any other benefit of
employment. The City will not treat Barnett as an employee for
federal or state tax purposes or for any other purpose. Accordingly,
Barnett is responsible for paying all taxes related to any payment
received from the City. The City will not withhold federal
income taxes, self-employment (social security and Medicaid) taxes,
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local and state business and occupation taxes. Barnett agrees to
indemnify and hold the City harmless from any such obligation.
7. No Assignment. Barnett agrees to perform all the services
required under this agreement and to not assign the performance
of any of those services to any other person.
8. Access to Records. The City and authorized representatives of the
state and federal government shall have access to any books,
documents, papers, and records of Barnett which are pertinent to
this agreement for the purposes of making audits, examinations,
excerpts and transcriptions.
9. Reports and Information. Barnett, at such times and in such
forms as the City may require, shall furnish the City such periodic
reports as it may request pertaining to the work or services
undertaken pursuant to this agreement.
10. Compliance with Laws. Barnett must comply with all
applicable laws, ordinances, and codes of the federal, state and local
governments.
11. Severability. If a court determines that a provision of this
agreement is invalid and unenforceable, the remaining provisions
are still valid and binding upon the parties.
12. Attorney's Fees. If either party uses the services of an attorney
to enforce any of the terms of this agreement, each party will bear
their own attorney's fees and costs incurred with respect thereto.
13. Waiver of Breach. The waiver by either party of the breach
of any provision of this agreement by the other party must be in
writing and shall not operate or be construed as a waiver of any
subsequent breach by such other party.
14. Governing Law and Venue. T he laws of the State of Washington
govern this agreement. Douglas County Superior Court is the venue
for any lawsuit.
15. Entire Agreement. This agreement represents the entire and
integrated agreement between the City and Barnett and
supersedes all prior negotiations, representations or agreement,
either written or oral. This agreement may be amended only by
written instrument signed by both the City and Barnett.
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CITY OF EAST WENTCHEE
Signature:
errilea Crawford, Mayor
AD / 20za
Date:
ATTEST:
Maria Holman, City Clerk
Service Agreement
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Signature:
erriah Barnett
Date: D
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