HomeMy WebLinkAbout000730 Original Contract City of Port Angeles
Record #000730
CITY 0F PORT ANGELES
PROFESSTONAL SERVICES CONTRACT
THIS CONTRACT, made this 2`;J- day nf March, 20l4, by and between the City oy
ym± Angeles, Washington, hereinafter called "City" and Mitch Fzcunzou p/booc address is 551
VYoot Summer Breeze I.uoo, 5cqoiou, W}\ 98302, telephone number 54I-806-2909' buueiuuftcx
called"Contractor."
IN CONSIDERATION of the payments, covenants, and agreements hereinafter
mentioned, to be made.and per.formed by the parties hereto,the parties agree as follows:
I. :
The Contractor shall yorfhonservices io the form uF conducting a youth basketball camp
from 9:O0u.nm. to 12:00 p.m. nn March S1` and April l, 2, and 3` 2014
2. :
The Contractor shall perform services at Stevens Middle School, Port Angeles,WA.
3. :
The City shall pay the Contractor one-half ofthe registration fees.
4. Independent Contractor Status:
The relationship created by this Contract is that of cmp1oyor/in(lependent Contractor.
The Contractor iu not anemployee of the City and iu 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 aho|1 noaurne full responsibility for the pu}nuoot of all federal, giotu and
local taxes or contributions inzDoacd or required, including` but not limited to`
unernployrrient insurance, social security, industrial insurance, and income tax.
5. :
The Contractor agrees to release, indernnify, defend` and save harmless the City, its
officers, employees and agents for and against any and all liability, louo, dunuuOc,
oxpunmo` adiuoo and u|oioua' including costs and zummonuhlo attorney's ±eux incurred by
the City, its officers, ocoV\oycca and agco1m in dc±ezoc thereof, occurring or arising
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Should n cuon| of competent orimdjodoo ds{noniue that this Contract is uo6iuot to DCW
4.24.115, then, io the event of liability for damages arising out of bodily injury to persons
or dacnogna to property caused by or resulting from the concurrent uce\i&ozoe of the
Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's
liability hereunder shall be ocdy to the extent of the Contractor's uo8ligouoo. It is further
specifically and expressly understood that the inderrinificatiOD provided herein constitutes
the Contractor's waiver of immunity under Industrial Insurance, Title 51 /lCW, oo\e|ytb/
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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, AssiD_lability:
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.
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.
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,
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-discrii-ninatoiy 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 duty authorized representative of each party.
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12. Applicable Law:
This Contract shall be governed hv and construed in accordance with, the ]ovva of the
State ofWashington.
13, :
The City may terminate this Contract at any time, with or without cause, by giving
written notice to the Contractor nf such termination and specifying the effective date.
The termination notice abu]l be sent to the address net k)dh above. The Contractor shall
u0dtv the (Jh/ of any cbuogc in address. If the Contract is Lenmionted by the City as
provided hucoio` the Contractor will be paid an urnouoL vvbiob bears the same ratio to the
total coogpeumuLino as the o#o'ioea actually Voz0u000d bears to the total onn'ioem of the
Contractor covered by this Contract, 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 Contract by the Contractor for the purpose of set off until such time as the exact
amount oy damages due the City for the Contractor iadetermined.
|4. Entire Agreement:
The parties agree that this Contract is acomploto expression of the terms hereto and any
oral representation oz understanding not incorporated boze(u is excluded.
IN WITNESS WHEREOF, tl-ic City and the Contractor have executed this Contract as of
the date first above written.
CONTRACTOR: CITY OF PORT ANGELES
Mitch Freeman 331 E. 5mStreet
511 West Summer Breeze Lane Port Angeles, WA 93062
Sequim,
Title: O?/ C�'- .11111
Title:
/D/P ATTEST:
William E, Bloor, Cft� ttorney Jane 0 Hurd, City'(-'IeTk
om AGREEMENTS&CONTRACTSV2014 za,zn/v.wn
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