HomeMy WebLinkAbout000736 Original Contract City of Port Angeles
Record #000736
CITY OF PORT ANGELES
PROFESSIONAL SERVICES CONTRACT
THIS CONTRACT, made this day of 014, by and between the
City of Port Angeles, Washington, hereinafter called "A N.V.. Music Enterprises LLC,
whose address is 581 Lancaster Drive, Suite 1210, Salem, OR 97317, hereinafter called
"Contractor."
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. Services and Time of Performance:
Contractor shall perform services in the form of live music, Michael Knight
"Unbreakable," singing and entertaining guests. 6:00 p.m. to 8:00 p.m. on May 10, 2014,
including any set up starting at 12:00 p.m.
In addition, Contractor agrees to provide "press kits", including photographs, a live
KONP radio interview to be held on April 3, 2014 at 1:25 at the KONP radio station
located at 721 East First Street, Port Angeles, and a minimum of a one-half hour "meet
and greet" after the performance on May 10, 2014.
Contractor will provide the sound system including speakers and a soundperson to
operate the sound system.
2. Location:
The Contractor shall perform services at The Vern Burton Gym, 308 East 0' Street, Port
Angeles, WA.
3. Compensation:
The City shall pay the Contractor for performance of said services $4,500.00, plus six
double rooms compliments of the Red Lion Hotel. in Port Angeles. In Addition, the City
shall provide the Contractor with the items listed on the attached Exhibit A.
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 the services within the scope of work.
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.
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.
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:
,rhe 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. Wage in Flours 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 said Act or laws and rules and regulations that
are or may be promulgated in conjunction herewith.
8. 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-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.
9. Amendment to Contract: The City may, from tirne 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.
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10, Applicable Law:
This Contract shall be governed by, and construed in accordance with, the laws of the
State of Washington.
11. Termination:
The City may terminate this contract 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 contract 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 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 of damages due the City for the Contractor is determined.
12. 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.
IN WITNESS WHEREOF, the City and the Contractor have executed this Contract as of
the date first above written.
! CONTRACTOR: CITY OF PORT ANGELES
1 N.V. Music Enterprises
BY: BY:
Title: Owner/Manager Title: CAI-4
APPROVED AS TO FORM,-,, ATTEST:
William E. Bloor, City Attorney Jane Hurd, City Clerk
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ARTIST(S) Requirements that will be provided are as follows:
1. PROMOTER agrees to provide the following:
0 Three Separate changing rooms adequate for up to twelve performers.
0 One quick change area behind the stage.
• Staff necessary to help set up.
9 Tickets, sale of tickets and advertising.
0 Access to performance space(s) 6 hours prior to the time of performance,
and a full technical rehearsal prior to the time of performance. Lighting focus
shall be completed in advance of the time of performance.
0 A clean supply of towels, bottled water, 3' sub sandwich, salsa, chips, fresh
fruit, and cookies.
o A stage 36' wide by 18' deep consisting of eighteen 8'x 4' sections.
0 Access to two 50 amp 208v-120v spider boxes and 200' of cord.
* Three wired microphones and two wireless microphones.
0 Use of the City of Port Angeles sound system.
• 6 Microphone stands.
* One stage hand
* One sound assistant
0 A conspicuous location where ARTIST'S merchandising can be sold, including
2 standard tables and 2 chairs.
0 Parking spaces for performers and technical staff.
0 One 20' x 55' mirror and one table lamp for Michael.
* Tables and chairs, one coat rack, and lavatory and sinks.
EXHIBIT "A''
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