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Home My WebLink About5.606-1 Original Contract 5. uOI.p /I City of Port AnQeles Professional service aQreement ~. This agreement is entered into this . <Q3 day of ~\J , 200 ~, by and between City of Port Angeles, a municipal corporation under the laws bf the State of Washington, hereinafter referred to as the "CITY", and l)e~~ l'1P( Mc\. 1)~ t\--o..\{'P\V"f".J of (address) 5D5 coun1r-t lta-e,S 1.\1) s...~, (p~one) &973 - 8 -r=IPJ hereinafter referred to as th "Contractor". j RECITAL WHEREAS, the City provided numerous services for persons of the Port Angeles area, and WHEREAS, the City wishes to facilitate certain services and projects but does not have available staff or expertise to provide certain services to the Citizens of Port Angeles, and WHEREAS, Contractor represents and warrants that it is available, experienced and qualified with specific expertise to provide the following services: Provide Music in the form of their band "haywire" for recreation event on June 11th, 2005 NOW, THEREFORE, the CITY and Contractor mutually agree as follows' 1 Services: The contractor shall perform services In the following general areas instructional _' Lecture_, leadership_, other, specifically: l (see Scope of Work attached hereto as Exhibit A) 2 Location The contractor shall perform said services at the following location(s) Vern Burton Community Center 3. Time The Contractor shall perform said services according to the following schedule: June 11th 2005, 7-11pm, set up at 5.30pm 4. Compensation: The CITY shall pay the Contractor for performance of said services according to the following schedule. $600 total 5. ReQlstration and Collection: N/A 6. Termination. The CITY may terminate this agreement at any time, with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date. The termination notice shall be sent to the address set forth above. The Contractor shall notify the CITY of any change in address. If the agreement IS terminated by the CITY as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of the Contractor covered by thIs agreement, less payment for compensation previously made. Notwithstanding the above, the Contractor shall not be relieved of liability to the CITY for damages sustained by the CITY, ItS officers, employees and agents by virtue of any breach of this agreement by the Contractor for the purpose of set off until such time as the exact amount of damages due the CITY for the Contractor is determined. 7. Independent Contractors: The Contractor shall at all times be an independent contractor and not an employee of the CITY and shall not be entitled to compensation or benefits of any kind except as specifIcally provIded herein The contractor shall be subject to the CITY's control and dIrection as to results to the accomplished, but not as the details and means by which the results are accomplished. The Contractor shall not be covered by any CITY benefit programs, such as health and welfare, benefit plans, social secunty, workers compensation or unemployment compensation, and shall not be treated as an employee for federal tax purposes or any other purpose. The contractor shall be responsIble for paying all taxes related to payments the CITY makes to the Contractor, including federal income taxes, self employment (social security and Medicaid) taxes and state business and occupation taxes, and the CITY is not responsible for withholding for or paYIng any of those taxes. The Contractor shall indemnify and hold harmless the CITY from and agaInst any and all costs (Including attorney's fees incurred in defense) or liabIlitIes) including payroll taxes, penalties or interests) arising out of any breach of the above representatIons and warranties or any assertion that the Contractor is not an Independent contractor. 8. 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 anslng directly or Indirectly on account of or out of the performance of service pursuant to thIs agreement. 9 Authority: The Contractor does not have, and shall not hold Itself out as having, authonty to create any contract or obligation that is binding on the CITY unless the CITY otherwise consents in writing 10. Asslqnability The Contractor shall not assign any interest in its agreement and shall not transfer any interest in the same. 11. Employees of the Contractor: All services to be performed by the Contractor herein shall only be performed by said Contractor and not by employees or others unless by specIfic written consent of the CITY 12. Insurance' The Contractor shall obtain and maintaIn Insurance in the following amounts during the entire performance of its duties pursuant to this agreement: In any case where the Contractor is to use or may use his or her personal vehicle in the transportation of persons or property of the CITY or used in any manner in performing the services covered by the agreement, the Contractor must have comprehensive auto liability Insurance on all vehicles whether owned, non-owned or hired; limits for bodily injury or death or not less than $1,000,000 for each person and $3,000,000 for each occurrence; property damage limits of $50,000 for each occurrence. 13. Waqe In Hours Law Compliance: The Contractor shall comply with all applicable provisions of the Fair Labor Standards Act and any other laws affection 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 said Act or laws and rules and regulations that are or may be promulgated in conjunction herewith. 14 Equal Employment Opportunity: The Contractor will not discriminate against any employee or applicant for employment because of race, color, or religion, sex, age, handicap, marital status or national origin. 15. Non-Discrimination in Services' The Contractor shall not, on the grounds of race, color, sex, religion, national origin, creed, mantal status, age or the presence or any sensory, mental or physical disability; a. deny any individual and services or other benefits provided under this agreement; b. provide any services or other benefit to an individual which are different or are provided In a different manner from those provided to others under this agreement; c. subject an individual to segregation or separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this agreement, d. deny any individual an opportunity to participate in any program provided by this agreement through the provision of service(s) or otherwise, or will afford him an opportunity to do so which is different than that afforded others under this agreement. 16 Chanqes to Aqreement: 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 agreement 17 Contents and Understandinq. This agreement contains a complete integrated understanding and agreement between the parties and supersedes any understanding, agreement or negotiations whether oral or wntten not set forth herein or in any written amendments hereto duly executed by both parties In witness whereof, the CITY and the Contractor have executed this agreement as of the date first above written. --- ..sl. 0 I 0<(' Date' ~ l\'-/[J-o (,- l1ate: -- # ~~~t?~ &-( ~LL &~ 'S(9CC5 Attachment A 1) The contractor will perform services for the City of Port Angeles by providing the band, Haywire to perform at the City's event on June 11 th, 2005 from 7pm-llpm, set up at 5:30pm and removal of their equipment following the event on June 11th, 2005. The songs and performance will be appropriate for the enjoyment of adults and/or family audience. 4) Compensation will be paid upon successful completion of contracted services. The contractor will supply the equipment needed for their services. The City of Port Angeles will supply the venue, power and staging needed for the event.