HomeMy WebLinkAbout001161 Original Contract 0 City of Port Angeles
Record#001161
CITY OF PORT ANGELES
PROFESSIONAL SERVICES CON'TRAcr
'11-11S CONTRACT, made as of` the date off the last signature affixed below, by and
between the City of Port Angeles, Washington, hereinafter called "City" and Ciallarn County
Cern and Mineral Association (CCGMA), hereinafter called "Contractor", a Washington state
non-profit corporation,whose address is PO Box 98, Sequini, W'A 98362,
IN CUNSIDERATION of' the payments, covenwits, and agreements hereinafter
mentioned,to be made and perfiormed by the parties hereto,the parties agree as follows:
nsibilities-
L Contra tor C 50!
1-he Contractor shall perform the following services as to support and manage the two
yearly rock shows, the City of Port Angeles Rock, Gein, & Jewelry Show and tile
C'(,'GM,A Rock Show (Rock Shows)- change dates on advertising banners, provide
inarkefing and advertising-, recruit vendors, atid accept payment for bood"i rental; organize
and mm ,'ge 'the sho%kl' and Pay $2500 per show for a total of$5000. However, it'not all
the vendor spots are filled due to the lack of part ic ipati on, both parties agree to split the
loss of the tables 50/50.
1 Citv Rest.)onsibilides:
The City shall perform the followingservices as to support the Rock Shows: provide the
facility rcntal VvithOLA Charf,csct up and take down the equipment fior the Rock Shows,
hang advertising banners fior the Rock Shows; send advertising flyers to kwal schools for
the Rock Shows; provide Mnsunance for the Rock Shows; and place advertising stakes in
around Port Angeles f,.)ef(,vQ (",:Prh Set"up fair tyro evcn', vHl 1,x,', '.'omj-14o hN 11:00
p,ni. the Friday, befibre the event,
3. Location and Time-
The (`ontr�,lrtor ,01afl perflor�n 0it� ,etv4'es ,jl theV(,'rrn Rpn,rlor) Clym, 108 Fast 01 Street in
Port Angeles, WA. 1"he Contractor shall perfomi services during neutrally agreed
weekends in March and ol"Septernber 2017.
4Indere ident Contractor Stntm,
The relationship created by this Contract is that of eniployer/independent contractor. The
Contractor is not an employee ofthe City and is not entitled to the benefits provided by
the ('I'itw,,, to qtr. oniployces, The Contra(,,tor is an independent contractor and has the
authority to control and direct the per-lonnance within the scope oll'services.
The ("'ontractor sh,10 R,�snrne ftfll resp onsibifity for the payrnent ofall fedt:.rflstate, and
W
local taxes or contributions irnr*sed or required, including, but not limited to,
unemployment insurance, social security, industrial iflRlrance, and income tax.
Indemnification/1]old 1-lamiless:
Fhe Contractor agrees to release, indeinnify, defend, and save harrifless, 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 offlcer-,, employees and agents in defense thereof, occurring or arising
directly or indirectly on acCOLH1t Ofor OLA of the performance of service pursuant to this
Contract.
Should a court of competent jurisdiction determine that this Contract is subject to ECC W
4.24 115, then, in the event of liability for darnages arising out of headily injury to persons
or darnages to property caused by or resulting frorn the concurrent negligence of the
Contractor and the City, its,officers, officials,employees,and Volunteers, the Contractor's
liability hercunder shall be, only to the extent of the Contractor's negligence. It is further
specifically and expressly understood that the in(Jernnifi(-rition providrd hcr,,in
the Contractor's waiver ofirrimunity under Industrial Insurance, Tifle 51 RC W, solely tbr
the purposes of this indernnification. This waiver has been mutually negotiated by the
—I-f ies 711�- B)f tljjc,� Oian cdirv;v th,� �-�-irqtn ioor lerrmnMio
, I I .1 1 i I I n of this
Contract.
6„ A A Lh 0-r-i t-)-,-
The Cntrador does not have, and shall not hoki itself cwt an, having, awhority to create
any contract or obligation that is binding on the City unless, the City (wther-Mse consents
in writing,
T AssigQAb�ijy:
The Contractor shall not: assign or transfier any interest in this Contract.
8, EmHovces of the;Contractor.'
All services to be ivrfortned by the Contractor herein shall only, be performed by the
Contractor and not by employees or others unless by, specific wruten consent ofthe City,
If' the City provides as vendor for the event, it is not considered an employee of' the
contractor.
9� Waae in Hours Law Comnliance:
The ('ontr-wor shall comply with all applicable provisions of the, Fair Labor Standards
Act and any other, laws aNving its enployees, if any, and the rules and regulations
issued there under insofar as applicable to its employees and shall at all times indernnify,
defend and save the City free, clear and harnfless, frorn and against any and aril actions,
clap ns, demands, expenses arising out of the Act or laws and rules and regulations that
are or may be promulgated in compunction herewith.
The parties shall conduct their hu,sincss in a manner which assures fitir, equal and non-
discrinnnatorY 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 Nvill maintain open hiring an(]ernployrnent practices and will welcome
applications for employment in all positions front qualified individuals who are
members ofthe aliiwe stated minorities.
b. The parties will cornpl.), strictly with all requirements of applicable tWeral, state
or local laws or regidations issued pursuant thereto, relating to the establishment
of non-discriminatory requirements in hiring and employment practices, and
assuring the service of all patrons and custorners without discrimination with
respect to the above-stated nrinofity^ staters.
I I Amendment to Contract:
The City may, from time to finie, require changes in the scope of the set-vice to be
performed hereunder. Stich 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 he incorporated in written wnendment 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.
tqgbhLLaw�
This Contract shall be governed by, and construed in accordance with, the laws of the
State of"Washington.
13. Entire AgtnaentI-
lire; parties agree that ihk Contract is a coluplete exp;�,tssion of ihe terms hereto and any
oral representation or understanding not incorporated herein is exchided.
IN WITNESS WH E"R EOF, the City and the Contractor have executed this Contract yrs of the date
first above written.
CONTRACTOR: CIT)� OF POR"I'ANGELES
1-1.1--11-............. .........
Clallam C ounty Mineral and Gema Association 321 E- 5�'Street
Scott Thon"iIii It, Ilmsident and P,ort Angeles, WA 93862
Kathy Bachrnan, Treasurer
PO Box 338
Sequhn, WA 98382
BY:
BY: Dan McKeen,Ci y Matiager
...........
Date:
BY
Title: r:'J'e'i
Dat e
..................
APPIV)VED AS TO RM: ATTES"r�
f
William Blooi, City At torney er V 1t asen, City Clerk