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AU BURN
CITY OF AUBURN AGREEMENT FOR SERVICES
THIS AGREEMENT made and entered into on this day of , 200 (d by
and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter
referred to as CITY and pct---~ 0.C,-CAV PA/4 - 4K( ye~s fe r
whose address is, l4 I( SW C~.~ p wS' r tf t- Z Fe-eF C- ce_, fL41 I~7&0 %1
hereinafter referred to as PROVIDER. In consideration of the covenants and conditions of this
AGREEMENT, the parties hereby agree as follows:
1. Scope of Work
The PROVIDER agrees to perform in a good and professional manner the tasks described on
Exhibit A, wish is attached hereto and by this reference made a part of this AGREEMENT. The
PROVIDER shall perform the services as an independent contractor and shall not be deemed, by
virtue of this AGREEMENT and the performance thereof, to have entered into any partnership,
joint venture, employment or other relationship with the CITY.
2. Additional Services
From time to time hereafter, the parties hereto may agree to the perFormance by the PROVIDER
of additional services with respect to related worlc or projects, Any such AGREEMENT(s) shall be
set forth in writing and shall be executed by the respective parties prior to the PROVIDER's
performance of the services there under, except as may be pravided to the contrary in Section 3
of the AGREEMENT. Upon proper completion and execution of an addendum (AGREEMENT for
additional services), such addendum shall be incorporated into this AGREEMENT and shall have
the same force and effect as if the terms of such addendum were a part ofi the AGREEMENT as
originally executed. The performance of services pursuant to an addendum shall be subject to the
terms and conditions of the AGREEMENT except where the addendum provides to the contrary,
in which case the terms and conditions of any such addendum shall control. In all other respects,
any addendum shall supplement and be constnaed in accordance with the terms and cpnditions
of the AGREEMENT.
3. PerFortnance of Additional Services Prior to Execution of an Addendum
7he parties hereby agree that situations may arise in which service other than those described an
Exhibit A are desired by the CITY and the time period for the completion of such services makes
the execution of addendum impractical prior to the commencement of the PROVIDER'S
pertormance of the requested services, The PROVIDER hereby agrees that it shall perform such
services upon the oral request of an authorized representative of the CITY pending execution of
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an addendum, at a rate of compensation to be agreed to in connection therewith. The invoice
procedure for any such additional services shall be described in Section 7 of this AGREEMENT.
4. PROVIDER's Representations
The PROVIDER hereby represents and warrants that it has all necessary licenses and
certifications to perform the services provided for herein, and is qualified to perform such
services.
5. CITY's responsibilities
The CITY shall do the following in a timely manner so as not to delay the services of the
PROVIDER.
a. Designate in writing a person to act as the CITY's representative with respect to the
senrices. The GITY's designee shall have complete authority to transmit instructions,
receive information, interpret and define the CI'lY's policies and decisions with respect to
the services.
b. Furnish the PROVIDER with all information, c(iteria, objectives, schedu#es and
standards for the project and the services provided for herein.
6. Acceptable Standards
The PROVIDER shall be responsible to provide, in connection with the services
contemplated in the AGREEMENT, work product and services of a quality and professional
standard aGCeptable to the CITY.
7. Compensation
As Compensation for the PROVIDER's performance of the services provided for herein, the
CITY shall pay the PROVIDER the fees and costs specified in Exhibit A(or as specified in an
addendum). The PROVIDER shall submit to the CITY an invoice or statement of the of time
spent on tasks included in the scope'of work (Exhibit A) and the CITY shall process the
invoice or statement in the next billing/claim cycle following receipt of the invoice or
statement, and shall remit payment to the PROVtDER thereafter in the normal course,
subject to any cortditions or provisions in the AGREEMENT or addendum.
8. Time for PerfoRnance and Term of AGREEMENT
The PROVIOER shall perform the services provided for herein in accordance with the
direction and scheduling provided on Exhibit A unless otherwise agreed to in writing by the
parties. The Term of this AGREEMENT shall commence on the date hereof and shall expire
Agreement for Provider Seniices upon notice of termination by either party.
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9. Records inspection and Audit
All compensation payments shail be subject to the adjustments for any amounts found upon audit
or otherwise to have been improperly invoiced, and all records and books of accounts pertaining
to any work performed under this AGREEMENT shall be subject to inspection and audit by the
CITY for a period of up to three (3) years from the final payment for work performed under this
AGREEMENT.
10. Continuation of Performance
In the event that any dispute or conflict arises between the parties while this AGREEMENT is in
effect, the PROVIDER agrees that, nofinrithstanding such dispute or conflict, the PROVIDER shatl
con6nue to make a good faith effort to cooperate and continue work toward successful
completion of assigned duties and responsibilities.
11. Administration of AGREEMENT
This AGREEMEN7 shalt be administered by Laurie Rose, Culturat Arts Manager, and Jim
Kleinbeck, Theater Operations Specialist, for the CITY. Any written notices required by the terms
of this AGREEMENT shall be served on or mailed to the following addresses:
CITY OF AUBURN
Laurie Rose, Cultural Arts Mgr
Aubum Parks, Arts & Recreation
Auburn, WA 98002
253-931-3043 1253-804-5057
Lrose@aubumwa.gov
PROVIDER~r ~ P-C" C t
(name) tetU ,f Q C"n "f hri Y (f Z1
(address)~-,,A...' ` (_j ~P wA p~
(phone !
~ ~JZ 3 f ~~a3
(email)
5-?6- 0cqS
(Tax ID)
12. Notices
All notices or communications permitted or required to e given under this AGREEMENT shall be
in writing and shall be deemed to have been duly g+ven if delivered in person or deposited in the
United States mail, postage prepaid, for mailing by certified mail, retum receipt requested, and
addressed if to a party of this AGREEMENT to the address for the party set forth above, or if to a
person not a party to this AGREEMENT, to the address designated by a party to this
AGREEMENT in the foregoing manner. Any party may change his, her or its address by giving
notioe in writing, stating new address.
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13. insurance
During the term hereof, the PROVIDER shail take out and maintain in full force and effect such
workmen's compensation and other similar insurance as may be required by law.
14. Indemnfication
The PROVIDER shalt indemnify and hotd harmless the CITY and its officers agents and
employees or any of them from any and all claims, actions, suits, tiability, loss, costs, expenses,
and damages of any nature whatsoever, by any reason of or arising out of the negligent act or
omission of the PROVIDER, its officers, agents, employees, or any of them relating to or arising
out of the performance of this AGREEMENT. If a final judgment is rendered against the CITY, its
officers, agents, employees and/or any of them, or jo+ntly against the CITY and the PROVIDER
and their respective officers, agents and employees, or any of them, the PROVIDER shall satisfy
the same to the extent that such judgment was due to the PROVID€R's negligent acts or
amissions.
15. Assignment
Neither party to this AGREEMENT shall assign any right or obligation hereunder in whole or in
part, without the prior written consent of the other party hereto. No assignment or transfer of any
interest under this AGREEMENT shall be deemed to release the assignor from any liability or
obligation under this AGREEMENT, or to cause any such liability or obligation to be reduced to a
secondary liabitityr or obligation.
16. Amendment, Modiflcation or Waiver
No amendment, modification or waiver of any condition, provision or term of this AGREEMENT
shall be valid or of any effect unless made in writing, signed by the party or parties to be bound,
or such party's or parties' duly authorized representative(s) and specifying with particulariry the
nature and extent of such amendment, modification or waiver. Any waiver by any party of any
default of the other party shall not effect or impair any right arising ftom any subsequent default.
Nothing herein shall timit the remedies or rights of the parties hereto under and pursuant to this
AGREEMENT.
17. Termination and Suspension
Either party may ierminate this AGREEMENT upon vuritten nqtice to the other party if the other
party fails substantially to perform in accordance with the terms of this AGREEMENT through no
fault of the party terminating the AGREEMENT. The CITY may terminate their AGREEMENT
upon written notice to the PROVIDER pursuant to the Exhibit A attached hereto if the services
provided for herein are no longer needed from the PROVIDER. If this AGREEMENT is terminated
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through no fault of the PROVIDER, the PROVIDER, shall be compensated for services performed
prior ta termination in accordance with the rate of compensation proved in Exhibit A hereof.
18. Parties of Interest
This AGREEMENT shall be binding upon, and the benefits and obligations provided for herein
shall inure to and bind, the parties hereto and their respective successors and assigns, provided
that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by
this AGREEMENT. This AGREEMENT is for the exclusive benefit of the parties hereto and it
does not create a contractual relationship with or exist for the benefit of any third party, including
contractors, sub-contractors and their sure6es.
19. Costs to Prevailing Parly
In #he event of such 1i#igation or other legal action, to enforce any rights, responsibilities or
obligations under this AGREEMENT, the prevailing parties shall be eMitled to receive its
reasonable costs and attorney's fees.
20. Applicable Law
This AGREEMENT and #he rights o# the parties hereunder sMall be govemed by the interpreted in
accordance with the laws of the State of Washington and venue for any action hereunder shall be
in of the County in Washington State in which the property or project is located and if not site
specific, then in King County, Washington; provided, however, that it is agreed and understood
that any applicable statute of limitation shall commence no later than the substantial completion
by the PROVIDER of the services.
21. Captions, Headings and Titles
All captions, heaclings or titles in the paragraphs or sections of this AGREEMENT are inserted for
convenience of reference only and shall not constitute a part of this AGREEMENT or act as a
limitation of the scope of the particular paragraph or sections to which they apply. As used herein,
where appropriate, the singular shall include the plural and vice versa and masculine, feminine
and neuter expressions shall be interchangeable. Interpretation or construction of this
AGREEMEN7 shall not be affected by any determination as to who is the drafter of the
AGREEMENT, this AGREEMENT having been drafted by mutual AGREEMENT to the parties.
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22. Severable Provisions
Each provision of this AGREEMENT is intended to be severable. if any provision hereof is iflegal
or invalid for any reason whatesoever, such illegality or invalidity shall not affect the validity of the
remainder of this AGREEMENT.
23. Entire AGREEMENT
This AGREEMENT contains the entire understanding of the parties hereto in respect to the
transactions contemplated here by and supersedes all prior AGREEMENTS and understandings
between the parties with respect to such subject matter.
24. Counterparts
This AGREEMENT may be executed in multiple counterparts, each of which shall be one and the
same AGREEMENT and shall become effective when one or more counterparts have been
assigned by each of the parties and delivered to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
effective d year t set forth above.
CI F PROVIDER
~
Peter . Lewis, Mayor '
Attest:
fZa
4- ,41~
Dani le E. Daskam, City Clerk
7 App ved to rm:
Dani . eid, C
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EXHIBIT A
AUBURN AVENUE THEATER
THEATER OPERATIONS TECHNICIAN
CONTRACT POSITION
COMPENSATION: $20.00 per hour
BASIC FUNCTION:
Assist with City of Auburn's Aubum Avenue Theater venue operations and theater
equipment use by user groups. Under the direction of the Cuitural Arts Manager and
Theater Operations Specialist, the Theater Technician operates and maintains all
theater staging equipment for stage productions and preserrtations as needed.
ESSENTIAL JOB FUNCTtONS:
Operate theater's staging equipment for and in eonjunction with facifity's performance and
business users, as well as for City sponsored events as needed. Coordinate needs of facility
users and communicate needs with Theater Operations Specialist as directed. Act as facility
supervisOr when requested. Help Ububleshoot technical problems as they arise.
This position requires the person in this position to perform a wide variety of skilled tasks in
advancing performances and events, and ensuring techniql and togistical needs are properly
attended to, including: inspecting, testing, and modifying, as required, all equipment prior to
pertormance to ensure compliance with all health and safety codes; consul#ing with performers,
their representatives, and staff on issues related to equipment functions; participating in the
rigging and sfike of theatrical sound and overall stage setup for a variety of productions and
events; assembling or constructing devices to achieve speciat effects; supervising temporary
personnel, students, and/or volunteers as needed; and performing related duties as required.
This position will require working variable hours, evenings, and weekends.
KNOWLEDGE OF:
Principles and practices of technicaf theater operation. Sound equipment specifications and
capabilities. Sound design and operation to include, but not limited to: microphone set-up, signal
mixing, playback, recording, sound board operation and effective systems troubleshooting.
Knowledge of theatricat lighting, board operation, hangingffocusing of lighting instruments, basic
stage craft, theater curtain, masking, leg and border systems, and rigging a plus.
Requires excellent customer service and interpersonal skills.
ABILITY TO:
Operate and help maintain theaters staging systems. Handle and resolve conflicts and problems
in a positive, professionat manner. Work independently with little direction. Communicate
effectively both orally and in writing. Interact positively and effectively with diverse individuals and
a wide variety of stage productions and presentations. Ability to perform the essential job
functions.
EDUCATION 8 EXPERIENCE:
Requires any combination of training, education, and experience equivalent te graduation trom
high school or GED, Bachelor's Degree in theater management, technical theater, or comptetion
of technicat training or apprentice program with 1-3 years joumey-level technical theater
operations experience. Must have knowledge of the principles of sounds transmission and
amptification stage machinery; principles and theory of electricity; use and repair of stage
equipment; older and modem stage operations conducted in small public assembly facility used
for multipurpose uses. Ability to work from drawings, specifications, and oral requests to achieve
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desired modifications; apply the principles and theories of electricity; and woric long hours
accommodating a worlc schedule to requirements of load-ins, load-outs, performances, and
rehearsals. 7he duties listed above are intended only as generaf illustrations of the various types
of work that may be performed. Specific statements of duties not included does not exclude them
from the position if the work is similar, related, or a logical assignment to the position. Job
descriptions are subject to change by the City as the needs of the City and requirements of the
job change.
Communication: Communicates with the general public, other City employees, vendors,
management, contractors, artists, their agents and representatives, and local user groups in order
to keep the technical aspects of venue functioning safely.
ManuaUPhysical: Inspects, monitors, and evaluates equipment to determine compliance with
prescribed operating, safety, and manufacturer's guidelines. Performs physical inventories,
moves material weighing up to 100 pounds for distances of up to 100 feet, using proper
equipment and/or a cart or other aid to assist. Cleans work area. Works with cleaning fluids and
agents, using protective equipment, to maintain theatrical equipment. Sets up and removes
folding tables, chairs, barricades, traffic cones, or similar equipment to accommodate ancillary
events. Works in small, cramped areas. Installs, alters, maintains, and repairs wiring and
appliances related to powered stage systems.
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