AC Contract No. 1992-07PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into by and between the Kodiak
Island Borough, ("the Borough") and JHE Consulting ("Contractor")
for the purpose of setting forth the terms and conditions pursuant
to which the Contractor shall be provide professional services to
the Borough.
1. Offer and Acceptance of Contract. Effective the 1st day
of July, 1992, the Borough contracts with the Contractor to
complete the programming requirements for the Kodiak Island Borough
School District under the Migrant Education Grant, School District
accounting and related programming needs. Contractor shall report
to and accept his assignments from the Director of the Data
Processing Department and from the Borough Mayor. Contractor
agrees to abide by and perform this agreement in accordance with
all applicable federal, state and municipal laws, regulations and
ordinances.
2. Term. Unless earlier terminated, this agreement shall
remain in effect from July 1, 1992 until July 31, 1992. Either
party may terminate this agreement at any time without cause or
statement of reasons by giving five (5) working days written notice
to the other. This agreement may be extended for an additional
period upon agreement by the parties.
3. Hours of Work and Compensation. The Contractor shall
keep an accurate record in the form prescribed by the Borough of
all time spent on services rendered under this agreement. The
Contractor shall be paid at the rate of $46.27 per hour before
deduction of withholding taxes and the Contractor's share of any
applicable social security, unemployment or other payroll taxes.
The Contractor shall devote such time as needed to the projects
assigned to him pursuant to this agreement under a schedule to be
determined by the Director of the Data Processing Department. The
Contractor will not be required to work in excess of forty (40)
hours per week. The Contractor will be paid every two weeks in
accordance with the schedule for payment of regular Borough
employees and subject to completion of work and activity reports as
required.
4. Work Facilities. The Borough will furnish the Contractor
with such facilities, services and supplies as are considered
suitable and adequate for the performance of his duties.
5. Independent Contractor. It is expressly understood that
the Contractor is an independent contractor and that he is not a
servant, agent or employee of the Borough.
6. Prohibition Against Assignment. Contractor agrees that
this agreement and the rights, interests, and benefits hereunder
shall not be assigned, transferred or pledged in any way and shall
not be subject to execution, attachment or similar process. Any
attempt at assignment, transfer, pledge or other disposition of
this agreement, or of such rights, interests and benefits contrary
to the foregoing provisions, or the levy of any attachment or
similar process thereupon shall be null and void and with effect.
7. Waiver of Breach. The waiver by either party hereto of
a breach of any provision of this agreement shall not operate or be
PROFESSIONAL SERVICES AGREEMENT - 2
construed as a waiver of any subsequent breach of the same or any
other provision of this agreement.
8. Notices. Any notice to be given under this agreement
shall be deemed sufficient if addressed to the party at the address
listed here, postage prepaid, or at such other address as the party
may hereafter designate in writing:
To the Borough: Jerome M. Selby, Mayor
Kodiak Island Borough
710 Mill Bay Road
Kodiak, Alaska 99615
To the Contractor: JHE Consulting
Kodiak, Alaska 99615
9. Binding Effect. This agreement shall be binding upon the
parties hereto and shall enure to the benefit of the successors and
assigns of the Borough, and to the estate, heirs, legatees,
executors, administrators and beneficiaries of the Contractor.
DATED this _L2day of July, 1992.
KODIAK ISLAND BOROUGH
By:
JETome M. Selby, M
ATTEST:
Borough Clerk
CONTRACTOR:
JHE CONSULTING
�J
By:
ohn Erickson
6702\319D.001
PROFESSIONAL SERVICES AGREE!ffiNT - 3