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HomeMy WebLinkAbout5.528 Original Contract 5.5cQ~ ... , EXHIBITOR CCPRF-718 CLALLAM COUNTY PARKS. RECREATION AND FAIR DEPARTMENT Fairgrounds: 1608 W 16th St., Port Angeles, WA 98363 Phone (360)417-2551 FAX (360)457-3963 FAIRGROUNDS EXHIBITOR/CONCESSION AGREEMENT This agreement made and entered into on January 3. 2000 by and between Clallam County and Lessee Company: City of Port An2eles Solid Waste Deoartment Contact person: Dale Miller Address: PO B9X 1150 port. An2eles W~...28362 Phone: 457-0411 ext.4874 For and in consideration of a rental of $185.00 and other considerations herein set forth, the County leases to the Lessee during the period of the Clallam County Fair from August 17, 2000 to August 20, 2000 the following described space: Area: Exoosition Hall Space: #06 & #07 in which to conduct and operate such business and sell or exhibit upon said premises the articles as set out and no other. Insurance Required: No The Lessee shall procure and maintain for the period during which occupancy is authorized commercial general liability insurance against claims for bodily injury, including death, personal injury and property damage which may arise from or be in connection with the Lessee's fair operation. The policy shall also include products liability coverage when products are sold. The insurance limits shall be no less than combined single limit per occurrence of bodily injury including death, personal injury and property damage and no less than N/A for -..-"". I-'~ l:"""a....ili...... f"'t_II__ f"''''U"h~ "''''"ip ""ff;^~"'" en"'u'''I^'''ec'' "'"d "'gant".. ~h~11 he '"'~.....,o"" ~~ t'IVUU\"rL-=t IQ..,. ILl- "".c....Qa.. \JV IlL]', "'I\;;U V' '~I"'. I"""V] ~ ...., 'W .j,nw. Vi...... W' ..fo;"I..........___ additional insureds, and the policy shall not be suspended, voided, canceled or reduced in coverage or limits except upon thirty (30) days prior written notice to Clallam County. The Lessee must provide a certificate of insurance naming the additional insureds to the County prior to occupancy of the above identified space. Failure to provide the certificate shall render this agreement null and void and of no effect. The County Shall: 1. Permit the Lessee to display, demonstrate, sell or operate their product within the leased space only. Any products and/or service, whether sold or given away free, must be listed below in their entirety. Non-listed items and/or services could result in immediate cancellation of contract with rental money forfeited to Clallam County: Information ReQuardinQ RecvclinQ, Pamphlets & Information Sheets .", 2. Permit the Lessee to enter the fairgrounds during open working hours no earlier than 5 days prior to the fair opening date to prepare the space, to prepare building or erect temporary structures, or decorate space. 3. Issue 2 workers passes for each concession contract. Eight additional worker passes may be purchased from the Fair office at the worker pass rate. Workers passes must be purchased prior to the opening day of the Fair and will not be sold Thursday, Friday, Saturday, or Sunday of the Fair event. 4. Not be liable for any loss or damage sustained by the Exhibitor or to the Exhibitor's products or equipment as a result of theft, fire, natural disaster, acts of God or vandalism. The Lessee Shall: 1. RETURN THIS CONTRACT AND PAY 100% of the base rental on or before February 29. 2000. Checks must be made payable to the Clallam County Fair Dept. Failure to return the completed agreement form with base rental fee by date listed shall result in forfeiture of leased space. 2. Agree to have their goods in place, in booth, with proper attendants in same before 10:00 a.m. on the opening day of the fair, and to maintain their exhibit, to keep the booth open with proper attendants therein during the fair hours until released by the management the last day of the fair and under no condition PRIOR to 7:00 p.m. the last or closing night of the fair. Vehicles will be allowed onto the grounds after 7:00 p.m. on a limited basis to avoid congestion and provide an orderly exit. Failure to adhere to said hours will result in non-renewal of future contracts. 3. No part of the space provided in the contract shall be sublet by the Lessee without prior approval of the County. 4. Lessee shall be responsible for payment of all local, state and federal taxes on sales made and acquire all necessary permits required by law. 5. Lessee shall be responsible to comply with all state, local and federal laws. 6. Pay for all light and power used by Lessee in excess of regular lighting fixtures. 7. Not use, or have on fairgrounds, any amplifying device, without approval of Fair Manager. 8. Agree to decorate the booth and furnish all booth signs and to furnish all extra carpenter work and material used. Use only clean canvas, flame-proof paper, plastic or other decorating materials. Must keep concessions in first-class order at all times. Exhibitors and their help must be neat and tidy in their dress and fully clothed, including shoes. 9. Remove all temporary structures from leased space within 48 hours after the close of the fair, or secure written permission to further hold space and later remove said property. Failure to comply with this paragraph shall cause said property to be forfeited to the County at its option. 10. Keep all activities and advertising matter within the space leased and shall place no advertising on the outside of permanent buildings. Vendor ContraclDOC #. '. 11. Abide by all the terms of this contract and attached rules and regulations of the County Parks, Recreation and Fair Department. Failure to do so will subject Lessee to cancellation of this contract without reimbursement and loss of privilege to lease a space in subsequent fairs. 12. HOLD HARMLESS: The Lessee, its officers, employees and members shall, through the signing of this agreement by an authorized party or agent, save, keep and hold harmless Clallam County, its officials, employees, volunteers and agents from all damages, costs or expenses in law or equity, including attorney's fees, costs and expenses, that may at any time arise because of damages to property, bodily injury including death or personal injury received by reason of any action or omission by the Lessee. Should a lawsuit in respect to the above be filed, the Lessee shall appear and defend Clallam County at its own expense, and if a judgment is rendered, or settlement made requiring payment by Clallam County, its officials, employees, volunteers or agents, the Lessee shall pay the same. 13. Exhibitors shall be responsible to pay for any and all damage, costs of dump fees, or other costs associated with the Exhibitor's failure to restore the space or booth to its original condition. Failure to pay for costs of damage repair upon request shall result in prosecution or forfeiture of space in subsequent fairs. 14. Lessee shall not discriminate against any employee, applicant or fair goer because of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, or the presence of any sensory, mental or physical handicap. 15. Forfeit all deposits to the fair if space is not occupied entire fair. 16. The Lessee is solely responsible for complying with the conditions of the contract and is prohibited from delegating his responsibilities under this agreement. 17. The Lessee shall abide by all terms of the contract and attached rules and regulations. Failure to do so constitutes a breach of contract and renders this agreement null and void and of no effect and shall be held responsible for attorney fees for enforcement of any term of the agreement. CANCELLATION POLICY Should the Lessee cancel this Contract between the opening of business on Julv 15. 2000 and prior to the close of business on AUQust 1. 2000, 50% of the base rental paid shall be refunded by the County. Should the Lessee cancel this Contract subsequent to the close of business on August 1 st, no refund of any of the base rental shall be made. Vendor Contract DOC a: ~ ---...9 Independent Contractor: The status of the contractor hereunder is that of an independent contractor and the Contractor shall 110t be construed to be an employee of Clallam County. As an independent contractor, the Contractor is not entitled to any benefits available to employees of Clallam County and the Contractor is responsible for withholding any monies required to be withheld from Contractor's employees pursuant to local, state or federal law including, but not limited to, worker's compensation, social security, and taxes. County/Contractor Relationship: In the event that either the state or federal government determines that an employer-employee relationship exists rather than an independent contractor relationship such that Clallam County is deemed responsible for federal withholding, social security contributions and the like, the Contractor agrees to reimburse Clallam County for any payments made or required to be made by Clallam County. Should any payments be due to the Contractor pursuant to this agreement, the Contractor agrees that reimbursement may be made by deducting from such future payments a pro rata share of the amount to be reimbursed based upon the following formula: Total amount to be reimbursed = Deduction from payment Number of payments remaining Notwithstanding a determination by the state or federal government that an employer- employee relationship exists, the Contractor, its officers, employees and agents, shall not be entitled to any benefits which Clallam County provides to its employees, including, but not limited to vacation and medical benefits. ~~/e // rYl;l/~~ Lessee/Extlibitor Name (Please Print) Not Busine 5 Name /-ot.-~." ~/-<b~;0J'":> Date Lessee/E ibitor Signature Date /-2()-~OOO irector's Signature Date /!f:~d;t:f: F1:n!ifr Deputy Prosecuting Attorney "/'/I/I/.I/I/.I/'/I/I/'/I/.I/.I/I/.I/I/I/I/I/I/I/I~/.I/.I/I/"'/I/1/1/1/1/1/1/1/1/1/,1/1/1/1/1/1/1/1/1/1/1/1/1/1/1/1/1/1/I/I/I/I/I/I/I/I/I/I/I/I/I/I/I/I/I/.I/I/I/.I/I/I/I/I/I/A Fair Office Use: Rental Paid. $ ~~ S 00 Confirmation sent: Date: \ - ~q - aD Receipt #_ 3J/l612.- BY~~ Comments. 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