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Home My WebLink About5.606-5 Original Contract..; CITY OF PORT ANGELES PROFESSIONAL SERVICES CONTRACT THIS CONTRACT, made this ll-'eh day of 1 , 2010, by and between the City of Port Angeles, Washington, hereinafter called "City" and Denny Secord, whose address is 505 Country Acres Ln. Sequim, WA (360) 683 -8798, 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: The Contractor shall perform services in the form of live music to be played by the band "Haywire" from 7:00 p.m. to 10:00 p.m. on February 27, 2010, plus set up at 5:30 p.m. Location: The Contractor shall perform services at The Vern Burton Gym, Port Angeles, WA 3. Compensation: The CITY shall pay the Contractor for performance of said services $600.00. 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 of the details of the services to be provided. 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. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity wider Industrial Insurance, Title 51 RCW, solely for 1 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: 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. 7. Assignability: The Contractor shall not assign or transfer any interest in this Contract. 8. Employees of the Contractor: All services to be performed by the Contractor herein shall only be performed by said Contractor and not by employees or others unless by specific written consent of the City. 9. Wage in Hours 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. 10. 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. Amendment to Contract: The City may, from time 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 ()leach party. 2 12. Applicable Law: This Contract shall be governed by, and construed in accordance with, the laws of the State of Washington. 13. 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. 14. 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: Denny Secord 505 Country Acres Lane Sequi A 98382 BY: �4- Title: I N„t A n APP • VED AS �T O FORM: All /// it am E. 3 CITY OF PORT ANGELES 321 E. 5t Street Port Angeles, WA 93862 BY: Title: ATTEST: oor, City Attorney Ofpita r Ja1 j) a Hurd, City Clerk G:\Lcgal_ Backup \AGREEMENTS &CONTRACTS12010 Agrmts& Contracts\ Haywire .Secord.ParksDcpt.02.01.I0.wpd