2007/09/25 Council Agenda Packet

JY This AGREEMENT is made and entered into on this day , of , 2007 by and between the CITY OF EVERETT, a municipal corporation under the laws of the State of Washington,hereinafter referred to as the "City," and Port Gardner Neighborhood Association,hereinafter referred to as "Association and/or Contractor." WHEREAS, the Association applied to the City for funding of one a neighborhood project to benefit the citizens of Everett; and WHEREAS, the City Council of the City of Everett, pursuant to the recommendation of its Office of Neighborhoods, authorized the City to expend general fund monies for the project specified in this Contract in accordance with the provisions of this Contract; and WHEREAS, the Association desires to do the project as set forth in this Contract in accordance with the terms and conditions contained in this Contract; NOW,THEREFORE,the parties herein do mutually agree as follows: 1. Engagement of Contractor. The City hereby agrees to engage Contractor, and the Contractor hereby agrees,to perform services necessary to accomplish the project as described at Exhibit A ("Project Description"). 2. Work for Hire/Intellectual Property Unless otherwise expressly agreed in writing, all work, including writings and publications, created pursuant to this Agreement, or for the City of Everett,belong to the City of Everett and all rights in such work belong to the City of Everett. 3. Time of Beginning and Completion of Performance. Performance of this Agreement shall commence as of the date of execution of this Agreement and all Work shall be completed by September 1,2008. 4. Compensation. The Contractor shall be paid a total fee not to exceed $ 5000.00 for Work by the City. Such payment shall be full compensation for services rendered, including, but not limited to, all labor, materials, supplies, mileage, gas, phone parking, lodging, food, equipment and incidentals necessary to complete the services. 5. Insurance. Contractor shall procure and keep in force during the term of this Agreement, at Contractor's own cost and expense, automobile liability insurance on all vehicles used by Contractor in the performance of its duties under this Agreement. 6. Independent Contractor. A. It is further agreed by and between the parties that because this Agreement shall not constitute nor create an employer-employee relationship, and since the Contractor is an independent contractor, Contractor shall be responsible for all obligations relating to federal income tax, self-employment FICA taxes and contributions, and all other so called employer 6 1