053-20 - Port Orchard Chamber of Commerce - Contract 4AGREEMENT FOR PPE DISSEMINATION SERVICES
BETWEEN CITY OF PORT ORCHARD
AND THE PORT ORCHARD CHAMBER OF COMMERCE
THIS AGREEMENT is made and entered into this 16th day of June, 2020, by and between the
City of Port Orchard, a Washington municipal corporation (hereinafter "City"), and the Port Orchard
Chamber of Commerce (hereinafter "Chamber"), a Washington non-profit entity, for the purposes
described herein.
WHEREAS, there currently exists in the City of Port Orchard a declared state of emergency due
to the COVID-19 pandemic; and
WHEREAS, the City lawfully procured protective masks (hereinafter referred to as "PPE") to
assist in the protection of public health and safety during the COVID-19 pandemic; and
WHEREAS, the City believes a functioning local economy is critical to protect the health and
wellbeing of Port Orchard residents; and
WHEREAS, the City desires to disseminate PPE to local small businesses so as to ensure the PPE
are reaching the members of the public, thereby preserving the public's health and safety; and
WHEREAS, the Port Orchard Chamber of Commerce is uniquely knowledgeable of the currently
existing small businesses in Port Orchard, and accordingly uniquely equipped to disseminate PPE to the
businesses of Port Orchard on behalf of the City, and ensure the PPE are used for the purposes proscribed
by the City; and
WHEREAS, the selection of the Port Orchard Chamber of Commerce for the performance of this
service complied with the City's procurement procedures, as moderated during the current declared state
of emergency; and
WHEREAS, the City of Port Orchard desires to have the Chamber perform the services of
disseminating the PPE to ensure the health and safety of Port Orchard's residents.
NOW, THEREFORE, in consideration of the mutual agreements and covenants herein
contained, the parties agree as follows:
I . City's Duties. The City shall provide the Chamber with 550 PPE on June 16, 2020. The
City shall have no other obligation to compensate the Chamber in any way for the services rendered.
2. Chamber's Duties. The Chamber shall:
- Advertise the availability of the PPE, and to provide the PPE to small businesses on
behalf of the City upon request, as soon as possible but no later than July 15, 2020.
- Ensure the PPE are not re -sold, and are exclusively utilized for the public health and
safety of the businesses' employees and patrons; and
- Confirm the business is engaged in a type of business that is permitted to operate
under the Governor's "Safe Start" order; and
Confirm the business is currently licensed by the City of Port Orchard and the State
of Washington, has a physical location in the City, and provides goods and/or
services to the residents of Port Orchard; and
Prioritize businesses with twenty-five (25) full time equivalent employees or fewer;
and
Provide the City with a report, within 60 days of execution of this agreement,
detailing to whom the PPE were provided, including but not limited to the business
name, number of PPE provided, and date PPE were provided
3. Term. This Agreement shall commence upon mutual execution, and terminate upon
completion of the duties proscribed herein, or on July 15, 2020, whichever occurs first. Upon termination
the Chamber shall return all PPE that have not yet been disseminated to the City within ten (10) days of
termination.
4. Indemnification. The Chamber shall defend, protect, and hold harmless the City from and
against all claims, suits, and/or actions arising from negligent or intentional acts or omissions of the
Chamber's employees, agents and volunteers while performing under this Agreement. The City makes no
warrant or representation as to the efficacy of the PPE provided.
5. Independent Contractor. The Chamber and the City agree that the Chamber is an
independent contractor with respect to the services provided pursuant to this Agreement. The Chamber
will be solely responsible for its acts and for the acts of its agents, employees, or volunteers during the
performance of this Agreement. Nothing in this Agreement shall be considered to create the relationship
of employer and employee between the parties. The rights, duties and obligations of either party to this
Agreement may not be assigned to any third party.
6. Insurance. The Chamber shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Chamber, its employees, agents or
volunteers.
7. Non -Discrimination. The Chamber shall not discriminate against any person, or any
person seeking the PPE under this Agreement, on the basis of race, color, religion, creed, sex, sexual
orientation, age, national origin, marital status, or presence of any sensory, mental or physical disability.
CITY OF PORT ORCHARD PORT ORCHARDCHAMBER OF
COMMERCE
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