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HomeMy WebLinkAbout5.606-3 Original Contract 5.~()(p - ;3 City of Port Anoeles Professional service aoreement .-rl ~ This agreement IS entered into this d D day of \ J OvV'\. , 200 ~ , ~y and between City of Port Angeles, a municipal corporation ,,under the laws of theJtate of washington, hereinafter referred to as the "CITY", and D-YlV\ ~ :5 (Coy- of (address) 50S' 'OJ'" y lVes ,(pho e) Vjto) {r->,>(j~f{71~ , hereinafter referred to as the "C ntractor". . RECITAL WHEREAS, the City provided numerous services for persons of the Port Angeles area, and WHEREAS, the City wishes to facilitate certain services and projects but does not have available staff or expertise to provide certain services to the citizens of Port Angeles, and WHEREAS, Contractor represents and warrants that it is available, experienced and qualified with specific expertise to provide the following services' Provide Music in the form of their band "haYWire" for recreation event on Aprir 15th, 2006 NOW, THEREFORE, the CITY and Contractor mutually agree as follows: 1. Services: The contractor shall perform services in the following general areas: instructional _' Lecture_, leadership_, other, specifically: ..L (see Scope of Work attached hereto as Exhibit A) 2. Location: The contractor shall perform said services at the following location(s): Vern Burton Community Center 3 Time: The Contractor shall perform said services according to the following schedule: April 15th 2006, 7-11pm, set up at 5:30pm 4. Compensation: The CITY shall pay the Contractor for performance of said services according to the following schedule: $600 total 5. ReQistration and Collection: N/A 6. Termination: The CITY may terminate this agreement 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 agreement 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 agreement, 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 agreement 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. 7. Independent Contractors. The Contractor shall at all times be an independent contractor and not an employee of the CITY and shall not be entitled to compensation or benefits of any kind except as specifically provided herein. The contractor shall be subject to the CITY's control and direction as to results to the accomplished, but not as the details and means by which the results are accomplished. The Contractor shall not be covered by any CITY benefit programs, such as health and welfare, benefit plans, social security, workers compensation or unemployment compensation, and shall not be treated as an employee for federal tax purposes or any other purpose. The contractor shall be responsible for paying all taxes related to payments the CITY makes to the Contractor, including federal income taxes, self employment (social secunty and Medicaid) taxes and state business and occupation taxes, and the CITY is not responsible for wIthholding for or paying any of those taxes. The Contractor shall indemnify and hold harmless the CITY from and against any and all costs (including attorney's fees incurred in defense) or liabilities) including payroll taxes, penalties or interests) arising out of any breach of the above representations and warranties or any assertion that the Contractor is not an independent contractor. 8. 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 agreement. 9 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. 10. AssiQnability: The Contractor shall not assign any interest in its agreement and shall not transfer any interest in the same. 11. E 10 ees of the Contractor: All services to be performed by the Contractor herein shall nly be performed by said Contractor and not by employees or others unless by specific written consent of the CITY. ~~s~~~~~~ ~e: ~~~~~g:I:~: ~tl$~O~T~'~:~~hO~~~~;~~3,ggQ,~g fnr Q~f'h occurr8~; 13 Waoe in Hours Law Compliance: The Contractor shall comply with all applicable provisions of the Fair Labor Standards Act and any other laws affection 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. 14. Equal Emplovment Opportunity: The Contractor will not discriminate against any employee or applicant for employment because of race, color, or religion, sex, age, handicap, marital status or national origin. 15. Non-Discrimination in Services: The Contractor shall not, on the grounds of race, color, sex, religion, national origin, creed, marital status, age or the presence or any sensory, mental or physical disability; a. deny any individual and services or other benefits provided under this agreement, b. provide any services or other benefit to an individual which are different or are provided in a different manner from those provided to others under this agreement; c subject an individual to segregation or separate treatment in any manner related to his receipt of any service(s) or other benefits provided under this agreement; d. deny any individual an opportunity to participate in any program provided by this agreement through the provision of service(s) or otherwise, or will afford him an opportunity to do so which is different than that afforded others under this agreement. 16 = ~i~~~:;j:ii~~::~ 17 Contents and Understandino: This agreement contains a complete integrated understanding and agreement between the parties and supersedes any understanding, agreement or negotiations whether oral or written not set forth herein or in any written amendments hereto duly executed by both parties. In witness whereof, the CITY and the Contractor have executed this agreement as of the date first above written. CITY OF PORT ANGELES RECREATION DEPARTMENT Deputy Director of Recreation Date: Ql: 10~tfo