HomeMy WebLinkAbout5.528 Original Contract
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EXHIBITOR
CCPRF-718
CLALLAM COUNTY PARKS. RECREATION AND FAIR DEPARTMENT
Fairgrounds: 1608 W 16th St., Port Angeles, WA 98363
Phone (360)417-2551 FAX (360)457-3963
FAIRGROUNDS
EXHIBITOR/CONCESSION AGREEMENT
This agreement made and entered into on January 3. 2000 by and between Clallam County and
Lessee Company: City of Port An2eles Solid Waste Deoartment Contact person: Dale Miller
Address: PO B9X 1150 port. An2eles W~...28362
Phone: 457-0411 ext.4874
For and in consideration of a rental of $185.00 and other considerations herein set forth, the
County leases to the Lessee during the period of the Clallam County Fair from August 17,
2000 to August 20, 2000 the following described space:
Area: Exoosition Hall Space: #06 & #07
in which to conduct and operate such business and sell or exhibit upon said premises the
articles as set out and no other.
Insurance Required: No
The Lessee shall procure and maintain for the period during which occupancy is
authorized commercial general liability insurance against claims for bodily injury, including
death, personal injury and property damage which may arise from or be in connection with the
Lessee's fair operation. The policy shall also include products liability coverage when products
are sold.
The insurance limits shall be no less than combined single limit per occurrence of
bodily injury including death, personal injury and property damage and no less than N/A for
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additional insureds, and the policy shall not be suspended, voided, canceled or reduced in
coverage or limits except upon thirty (30) days prior written notice to Clallam County. The
Lessee must provide a certificate of insurance naming the additional insureds to the County
prior to occupancy of the above identified space. Failure to provide the certificate shall render
this agreement null and void and of no effect.
The County Shall:
1. Permit the Lessee to display, demonstrate, sell or operate their product within the
leased space only. Any products and/or service, whether sold or given away free, must
be listed below in their entirety. Non-listed items and/or services could result in
immediate cancellation of contract with rental money forfeited to Clallam County:
Information ReQuardinQ RecvclinQ, Pamphlets & Information Sheets
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2.
Permit the Lessee to enter the fairgrounds during open working hours no earlier than 5
days prior to the fair opening date to prepare the space, to prepare building or erect
temporary structures, or decorate space.
3. Issue 2 workers passes for each concession contract. Eight additional worker passes
may be purchased from the Fair office at the worker pass rate. Workers passes must
be purchased prior to the opening day of the Fair and will not be sold Thursday,
Friday, Saturday, or Sunday of the Fair event.
4. Not be liable for any loss or damage sustained by the Exhibitor or to the Exhibitor's
products or equipment as a result of theft, fire, natural disaster, acts of God or
vandalism.
The Lessee Shall:
1. RETURN THIS CONTRACT AND PAY 100% of the base rental on or before February 29.
2000. Checks must be made payable to the Clallam County Fair Dept. Failure to return
the completed agreement form with base rental fee by date listed shall result in forfeiture of
leased space.
2. Agree to have their goods in place, in booth, with proper attendants in same before 10:00
a.m. on the opening day of the fair, and to maintain their exhibit, to keep the booth open
with proper attendants therein during the fair hours until released by the management the
last day of the fair and under no condition PRIOR to 7:00 p.m. the last or closing night of
the fair. Vehicles will be allowed onto the grounds after 7:00 p.m. on a limited basis to
avoid congestion and provide an orderly exit. Failure to adhere to said hours will result
in non-renewal of future contracts.
3. No part of the space provided in the contract shall be sublet by the Lessee without prior
approval of the County.
4. Lessee shall be responsible for payment of all local, state and federal taxes on sales made
and acquire all necessary permits required by law.
5. Lessee shall be responsible to comply with all state, local and federal laws.
6. Pay for all light and power used by Lessee in excess of regular lighting fixtures.
7. Not use, or have on fairgrounds, any amplifying device, without approval of Fair Manager.
8. Agree to decorate the booth and furnish all booth signs and to furnish all extra carpenter
work and material used. Use only clean canvas, flame-proof paper, plastic or other
decorating materials. Must keep concessions in first-class order at all times. Exhibitors
and their help must be neat and tidy in their dress and fully clothed, including shoes.
9. Remove all temporary structures from leased space within 48 hours after the close of the
fair, or secure written permission to further hold space and later remove said property.
Failure to comply with this paragraph shall cause said property to be forfeited to the County
at its option.
10. Keep all activities and advertising matter within the space leased and shall place no
advertising on the outside of permanent buildings.
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11. Abide by all the terms of this contract and attached rules and regulations of the County
Parks, Recreation and Fair Department. Failure to do so will subject Lessee to cancellation
of this contract without reimbursement and loss of privilege to lease a space in subsequent
fairs.
12. HOLD HARMLESS: The Lessee, its officers, employees and members shall, through the
signing of this agreement by an authorized party or agent, save, keep and hold harmless
Clallam County, its officials, employees, volunteers and agents from all damages, costs or
expenses in law or equity, including attorney's fees, costs and expenses, that may at any
time arise because of damages to property, bodily injury including death or personal injury
received by reason of any action or omission by the Lessee.
Should a lawsuit in respect to the above be filed, the Lessee shall appear and defend Clallam
County at its own expense, and if a judgment is rendered, or settlement made requiring
payment by Clallam County, its officials, employees, volunteers or agents, the Lessee shall
pay the same.
13. Exhibitors shall be responsible to pay for any and all damage, costs of dump fees, or other
costs associated with the Exhibitor's failure to restore the space or booth to its original
condition. Failure to pay for costs of damage repair upon request shall result in
prosecution or forfeiture of space in subsequent fairs.
14. Lessee shall not discriminate against any employee, applicant or fair goer because of race,
creed, political ideology, color, national origin, sex, marital status, sexual orientation, age,
or the presence of any sensory, mental or physical handicap.
15. Forfeit all deposits to the fair if space is not occupied entire fair.
16. The Lessee is solely responsible for complying with the conditions of the contract and is
prohibited from delegating his responsibilities under this agreement.
17. The Lessee shall abide by all terms of the contract and attached rules and regulations.
Failure to do so constitutes a breach of contract and renders this agreement null and void
and of no effect and shall be held responsible for attorney fees for enforcement of any
term of the agreement.
CANCELLATION POLICY
Should the Lessee cancel this Contract between the opening of business on Julv 15.
2000 and prior to the close of business on AUQust 1. 2000, 50% of the base rental paid shall
be refunded by the County.
Should the Lessee cancel this Contract subsequent to the close of business on August
1 st, no refund of any of the base rental shall be made.
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Independent Contractor: The status of the contractor hereunder is that of an independent
contractor and the Contractor shall 110t be construed to be an employee of Clallam County. As
an independent contractor, the Contractor is not entitled to any benefits available to employees
of Clallam County and the Contractor is responsible for withholding any monies required to be
withheld from Contractor's employees pursuant to local, state or federal law including, but not
limited to, worker's compensation, social security, and taxes.
County/Contractor Relationship: In the event that either the state or federal government
determines that an employer-employee relationship exists rather than an independent
contractor relationship such that Clallam County is deemed responsible for federal withholding,
social security contributions and the like, the Contractor agrees to reimburse Clallam County
for any payments made or required to be made by Clallam County. Should any payments be
due to the Contractor pursuant to this agreement, the Contractor agrees that reimbursement
may be made by deducting from such future payments a pro rata share of the amount to be
reimbursed based upon the following formula:
Total amount to be reimbursed = Deduction from payment
Number of payments remaining
Notwithstanding a determination by the state or federal government that an employer-
employee relationship exists, the Contractor, its officers, employees and agents, shall not be
entitled to any benefits which Clallam County provides to its employees, including, but not
limited to vacation and medical benefits.
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Lessee/Extlibitor Name (Please Print)
Not Busine 5 Name
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Date Lessee/E ibitor Signature Date
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irector's Signature Date
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Deputy Prosecuting Attorney
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Fair Office Use:
Rental Paid. $ ~~ S 00
Confirmation sent:
Date:
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Receipt #_ 3J/l612.-
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Comments. G?('~-----,
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