Loading...
HomeMy WebLinkAbout001010 Original Contract City of Port Angeles Record # 001010 CITY OF PORT ANGELES PROFESSIONAL SERVICES CONTRACT THIS CONTRACT, made as of the date off the last signature affixed below, by and between the City of Port Angeles, Washington, hereinafter called "City" and Clallam County Gem and Mineral Association (CCGMA), hereinafter called "Contractor", a Washington state non-profit corporation, whose address is PO Box 98, Sequim, WA 98362. IN CONSIDERATION of the payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties agree as follows: 1. Contractor Responsibilities: The Contractor shall perform the following services as to support and manage the two yearly rock shows, the City of Port Angeles Rock, Gem, & Jewelry Shows and the CCGMA Rock Show (Rock Shows): change dates on advertising banners, provide marketing and advertising; recruit vendors and accept payment for booth rental; organize and manage the show; and pay $2500 per show for a total of$5000. However, if not all the vendor spots are filled due to the lack of participation, both parties agree to split the loss of the tables 50150. 2. City Responsibilities: The City shall perform the following services as to support the Rock Shows: provide the facility rental without charge; set up and take down the equipment for the Rock Shows; hang advertising banners for the Rock Shows; send advertising flyers to local schools for the Rock Shows; provide insurance for the Rock Shows; and place advertising stakes in around Port Angeles. Set-up for the event will be completed by 12:00 p.m. the Friday before the event. 3. Location and Time: The Contractor shall perform the services at the Vern Burton Gym, 308 East 4t' Street in Port Angeles, WA. The Contractor shall perform services during the third weekend of March and the second weekend of September 2016. 4. Independent Contractor Status: The relationship created by this Contract is that of employer/independent contractor. The Contractor is not an employee of the City and is not entitled to the benefits provided by the City to its employees. The Contractor is an independent contractor and has the authority to control and direct the performance within the scope of services. The Contractor shall assume full responsibility 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. 1 5. Indemnification/Hold Harmless: The Contractor agrees to release, indemnify, defend, and save harmless the City, its officers, employees and agents for and against any and all liability, loss, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by the City, its officers, employees and agents in defense thereof, occurring or arising directly or indirectly on account of or out of the performance of service pursuant to this Contract. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.1.15, then, in the event of liability for damages arising out 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 Contract. 6. Authority: The Contractor does not have, and shall not hold itself out as having, authority to create any contract or obligation that is binding on the City unless the City otherwise consents in writing. 7. Assignability: The Contractor shall not assign or transfer any interest in this Contract. 8. Employees of the Contractor: All services to be performed by the Contractor herein shall only be performed by the Contractor and not by employees or others unless by specific written consent of the City. If the City provides a vendor for the event, it is not considered an employee of the contractor 9. Wage in Hours Law Compliance: The Contractor shall comply with all applicable provisions of the Fair Labor Standards Act and any other laws affecting its employees, if any, and the rules and regulations issued there under insofar as applicable to its employees and shall at all times indemnify, defend and save the City free, clear and harmless, from and against any and all actions, claims, demands, expenses arising out of the Act or laws and rules and regulations that are or may be promulgated in conjunction herewith. E 10. Equal Employment Opportunity: 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, 2 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 local laws or regulations issued pursuant thereto, relating to the establishment of 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. Amendment to Contract: The City may, from time to time, require changes in the scope of the service to be performed hereunder. Such changes, including increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by the City and the Contractor, shall be incorporated in written amendment to this Contract. 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. 12. Applicable Law: This Contract shall be governed by, and construed in accordance with, the laws of the State of Washington. 13. Entire Agreement: 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. i 3 IN WITNESS WHEREOF, the City and the Contractor have executed this Contract as of the date first above written. CONTRACTOR: CITY OF PORT ANGELES Clallam County Mineral and Gem Association 321 E. 5th Street Scott Thornhill, President and Port Angeles, WA 93862 Kathy Bachman, Treasurer PO Box 338 Sequim, WA 98382 BY: BY: t - -- - Dan McKeen, City Manager Title. 1- ZS - 1( Title: AP ROVED AS TO F ATTEST: Wig iam . Bloor, tt rney J nnifer V eklasen, City Clerk 4