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HomeMy WebLinkAbout000749 Original Contract City of Port Angeles Record#000749 SERVICE CONTRACT THIS CONTRACT, made this day of 2014, by and between the City of Port Angeles, Washington, hereinafter called "City' urath Photography, PO Box 1074, Port Angeles, Washington, 98362, hereinafter called "Contractor." IN CONSIDERATION of the payments, covenants, and agreements to be made and performed by the parties hereto, the parties agree as follows: 1. SCOPE OF SERVICES: The Contractor shall furnish the equipment and will provide photographs of various locations in the City of Port Angeles. The photographer will provide: a. 3-4 Website Home page banner photos b. 5-7 slide show photos C. 20 small photos d. Other photos for publication as directed by the City website manager The photos will be of locations in the City of Port Angeles as determined by the website manager. The photos will be appropriate for publication on the City of Port Angeles website. The photos will be delivered to the City in electronic format during the months of April to September. The photographs will be cropped and edited as required for publication on the City's website. The Contractor will obtain appropriate release documents and permissions from any persons who appear in the photographs.The City will have unlimited permission to publish any of the photographs on the City's website and will credit the Contractor via a hover notation. 2. PAYMENT : Contractor shall provide a monthly invoice for work completed. Payment shall be made as follows: Website Home Page Banners Photos $100 per photo +tax Slide Show Photos $ 75 per photo +tax Small Photos $ 30 per photo +tax Other photos as agreed upon in writing and signed by both parties. The maximum compensation for the entire contract is $1500. 3. TIME OF PERFORMANCE: The contract period shall be for a period of six months starting April 2014 and ending September 30, 2014. 4. INDEPENDENT CONTRACTOR STATUS: The relation created by this contract is that of employer/independent Contractor. The Contractor and the Contractor's employees are not employees of the City and are not entitled to the benefits provided by the City to its employees. The Contractor, as an independent Contractor, has the authority to control and direct the performance within the scope of work. The Contractor is solely responsible for the payment of all federal, state and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, social security, industrial insurance, and income tax. 5. HOLD HARMLESS AND INDEMNIFICATION: The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless Eom art-,7 n­d 11 cl,ims in'Juries,(11— ages losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement,except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then,in the event of liability for damages arisingout of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. APPLICABLE LAW: This contract shall be governed by, and construed in accordance with, the laws of the State of Washington. 7. INSURANCE 8. INSURANCE: The Contractor shall procure and maintain for the duration of the Agreement, automobile liability insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. The automobile liability insurance will cover all owned, non-owned, hired and leased vehicles. The automobile liability insurance coverage will confirm to the requirements of the Washington State law. 9. AMENDMENT: No amendment to this contract shall be binding or enforceable unless it is made in writing and executed by a duly authorized representative of each party. 10. NON-DISCRIMINATION: 2 The parties shall conduct their business in a manner which assures fair, equal and non- discriminatory treatment of all persons, without respect to race, creed, color, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin, and, in particular: a. The parties will maintain open hiring and employment practices and will welcome applications for employment in all positions from qualified individuals who are members of the above stated minorities. b. The parties will comply strictly with all requirements of applicable federal, state or rplqt;natrN the pstabl;c:!bm.entof non- discriminatory requirements in hiring and employment practices and assuring the service of all patrons and customers without discrimination with respect to the above-stated minority status. 11. TERMINATION: Either party may terminate this contract at will upon thirty (30)days written notice to the other party. 12. ENTIRE CONTRACT: The parties agree that this contract is a complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. IN WITNESS WHEREOF, the parties hereto caused this Contract to be executed the day and year first hereinabove written. CONTRACTOR: CITY OF PORT ANGELES Eric Neurath Photography 321 E. 5h Street 1327 E. First Street Port Angeles, WA 93 862 Port Angeles, WA 93 862 _7 Eric Neur6th, Owner Dan McKeen, City Manager ATTEST: Jan6 a Hurd, City Clerk 3 ¶ 4 APPROVED AS TO FORM: William E. BloorFity Attorney G:ALegal_Backup\AGREEMENTS&CONTRACTS\2009 Agrmts&Contracts\ASM Signs.081709.doe 4 ERIC NEURATH PHOTOGRAPHY 631 GEORGIANA ST. PORT ANGELES, WA 98362 360-452-5911 fotos @olypen.com INVOICE #5 CLIENT: Jennifer Veneklasen, City Clerk City of Port Angeles 321 E. 5th St. Port Angeles, WA 98362 360 -417 -4634 JOB DESCRIPTION: USAGE: FEES & EXPENSES: $ 225.00 18.90 $ 243.90 Q FBUrGUI CODE DATE: 11/29/16 Photography of City Council, Michael Merideth portrait Unlimited usage for advertising, marketing, web site etc. Shooting fee WA 8.4% sales tax Total. Please pay this amount.