HomeMy WebLinkAbout000816 Original Contract City of Port Angeles
Record # 000816
AGREEMENT FOR OPERATION
OF CITY FACILITY
THIS AGREEMENT made this Lod-, day of &c to g._/' by
and between the City of Port Angeles, a Municipal Corporation of the State of Washington,
hereinafter referred to as "City", and George Bergner, an unmarried individual, d/b/a Port
Angeles Likes Bikes located at 139 E Ahlvers Rd, Port Angeles, WA 98362, hereinafter referred
to as"PALB."
NOW, THEREFORE, in consideration of the mutual covenants and agreements specified
herein,to be kept and performed by the parties hereto, it is hereby agreed as follows:
1. SCOPE OF WORK
The City owns a SARIS all-steel bike rack that holds 10 bicycles and a SARIS all-steel
bike rack that holds 18 bicycles. PALB agrees to store,transport, set up,take down, and perform
all other duties and responsibilities of managing the use of both bicycle racks. When requested
by the City, PALB will transport and set up the bicycle racks at City-directed locations. The
City will give PALB at least ten days notice prior to an event for which the City requires the
bicycle racks. PALB will set up the bike rack at least six hours prior to the event and will
remove the bicycle racks within twelve hours of the event's end.
When the bicycle racks are not in use at a City-sponsored event, PALB may offer the
bicycle racks for use at other events to which the general public is invited within the Urban
Growth Area of the City of Port Angeles, including but not limited to, Crab Fest, the Juan de
Fuca Festival, and the Clallam County Fair. During use at events other than City-sponsored
events, PALB is solely responsible for the transport, set up,take down, and damage to the racks.
2. TERM
The term of this Agreement shall be for ten years from the date of execution through the
reasonable life of the bicycle racks. This Agreement terminates when either party determines
that the racks are no longer fit for use.
3. CONSIDERATION
In consideration for managing, transporting, and storing the bicycle racks, PALB may
offer the racks for use by entities other than the City, including PALB-sponsored events.
4. INDEPENDENT CONTRACTOR RELATIONSHIP
The relationship created by this Agreement is that of independent contracting entities.
No agent, employee, servant, representative, or volunteer of PALB shall be deemed to be an
employee, agent, servant, or representative of the City, and the employees of PALB are not
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entitled to any of the benefits the City provides for its employees. Any injury to agents,
employees, servants, representatives or volunteers of PALB is solely the responsibility of the
PALB and not the City.
PALB is solely responsible for damage to the bicycle racks, bicycles occupying the racks and
injury or damage or to third-parties resulting from the use or the transport of the bicycle racks.
PALB agrees to defend, indemnify, and hold the City harmless from any and all such liability,
injury and damages.
5. OPERATING CONDITIONS
PALB shall keep the bicycle racks in good condition and shall repair any minor damage
to the bicycle racks.
6. ASSIGNABILITY
Neither this Agreement nor any rights or privileges hereunder shall be assigned without
the prior consent of the City.
7. SURRENDER OF POSSESSION
PABL shall surrender possession of the bicycle racks to the City at the expiry of this
Agreement or within 30 days of a written request by the City of Port Angeles.
IN WITNESS WHEREOF,the parties have executed this Agreement on the date set forth
above.
PORT ANGLES LIKES BIKES CITY OF PORT ANGELES
By. By:
George Pwqer, Presi nt Dan McKeen,City Manager
Port Ange e Likes Bikes City of Port Angeles
ATTEST:
4JInniereklasen, City Clerk
APPROVED AS TO FORM:
William r. Bloor,City ey
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