HomeMy WebLinkAbout5.606-3 Original Contract
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City of Port Anoeles
Professional service aoreement
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This agreement IS entered into this d D day of \ J OvV'\. , 200 ~ , ~y and
between City of Port Angeles, a municipal corporation ,,under the laws of theJtate of washington,
hereinafter referred to as the "CITY", and D-YlV\ ~ :5 (Coy- of
(address) 50S' 'OJ'" y lVes ,(pho e) Vjto) {r->,>(j~f{71~ ,
hereinafter referred to as the "C ntractor". .
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 Aprir 15th, 2006
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:
April 15th 2006, 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. ReQistration 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 security,
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 secunty 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 arising
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, authority
to create any contract or obligation that is binding on the CITY unless the CITY otherwise
consents in writing.
10. AssiQnability: The Contractor shall not assign any interest in its agreement and shall not
transfer any interest in the same.
11. E 10 ees of the Contractor: All services to be performed by the Contractor herein shall
nly be performed by said Contractor and not by employees or others unless by specific
written consent of the CITY.
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13 Waoe 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 Emplovment 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, marital 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.
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17 Contents and Understandino: This agreement contains a complete integrated
understanding and agreement between the parties and supersedes any understanding,
agreement or negotiations whether oral or written 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.
CITY OF PORT ANGELES
RECREATION DEPARTMENT
Deputy Director of Recreation
Date:
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