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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this 23rd day of January, 2017,
by and between the City of Auburn, Washington, a Municipal Corporation of the State of
Washington herein referred to as "CITY" and Laurie Kim, whose address is
Address 516 SW 314th Street, Federal Way, WA 98023; phone 253-414-3262, herein referred to as
"TRAINER".
WHEREAS, the CITY desires to contract with the TRAINER to provide information on nutrition
and physical activity to Sofa Zero to 5K Hero participants; and
WHEREAS, the TRAINER has agreed to perform the work in compliance with the terms and
conditions of this Agreement;
NOW THEREFORE, the CITY and TRAINER in consideration of the conditions and covenants
herein do agree as follows:
1. RETENTION OF TRAINER
The CITY does hereby retain the TRAINER to perform the work and services described
herein. The parties agree that the TRAINER is an independent contractor and shall furnish all
supervision, labor, and all other incidentals except as specifically provided herein and the
TRAINER agrees to conduct and complete the performance in a competent and professional
manner in accordance with the terms of this Agreement.
2. SCOPE OF WORK
The TRAINER agrees to provide the following specific services in its artistic performance: Two
one hour and thirty minute nutrition education classes for Auburn FIT program on
January 23 and 30, 2017.
3. SITE OF PERFORMANCE
The TRAINER will conduct information sessions at Auburn Community and Events Center,
910 9th Street, Auburn, WA, herein referred to as "VENUE"
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greement—Laurie Kim
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4. REQUIREMENTS
The CITY shall provide the following for these information sessions: classroom/kitchen
space, food and print out informational documents.
5. COMPENSATION
In consideration of the services to the CITY in connection with the information sessions, the
TRAINER shall receive total compensation of ninety dollars and 00/100 ($90.00).
6. PAYMENT
The TRAINER shall be paid by the CITY for the completed work and information sessions in
compliance with the terms of this Agreement. Such payment shall be full compensation for all
work performed and services rendered under the terms of this Agreement. The payment to
the TRAINER shall be in compliance with the regulations of the CITY Finance Department.
The TRAINER agrees to be responsible for payment of any and all taxes, which may be due
as a result of performance under this contract. Payment shall be delivered to the TRAINER
immediately following the information sessions.
7. PROMOTIONAL RESPONSIBILITIES
TRAINER shall provide the following promotional materials to the CITY: Contact information
for nutritional counseling and personal training specifically pertaining to TRAINER upon
signature of this contract.
8. INDEMNIFICATION
The TRAINER agrees to indemnify, defend and hold the CITY, its agents, representatives and
employees harmless from and against any and all claims, causes of action or demands or any
form of liability of any nature including, but not limited to any copyright infringements for
educational material, arising out of the performance and obligations contained in this
Agreement on the part of the TRAINER, its agents, representatives and employees except
where such claims arise solely from the negligent acts of the CITY, its agents, representatives
or employees.
9. INABILITY TO PERFORM
If TRAINER is incapacitated from rendering services through sickness or otherwise, or if
TRAINER cannot perform because of fire, accident, act of God or impossibility of
performance, the TRAINER shall not receive any compensation for the time during
which the services have not been rendered. Every effort shall be made between
TRAINER and CITY to reschedule the information session(s) at a mutually agreed upon
date.
Agreement— Laurie Kim
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10. PERFORMANCE RAINOUT
N/A. Information sessions will take place regardless of weather conditions, indoor
facilities available.
11. TERMINATION
In the event the TRAINER or the CITY defaults or fails to comply with any of the requirements
of this Agreement, or any obligations hereunder, the CITY may at its option terminate the
Agreement. Such remedies shall be in addition to any other right or remedy each may have.
12. NOTICES
Any notice required or permitted under this Agreement may be personally served, or given in
writing, and shall be deemed sufficiently given or served if sent by registered or certified mail
addressed to the respective parties as follows:
CITY Kjerstin Lange, Specialist-Teen Programs
City of Auburn
910 Ninth Street SE
Auburn, WA 98002
ARTIST Laurie Kim
516 SW 314th Street
Federal Way, WA 98023
Either party may at any time designate a different address to which notices shall be sent.
Notice given in accordance with these provisions shall be deemed received when mailed.
13. GENERAL PROVISIONS
The following provisions may apply:
A. No waiver by either party of any breach or default hereunder shall be deemed a
waiver of any preceding or any subsequent breach or default.
B. This Agreement may not be changed or modified nor any provision hereof waived
except in writing agreed to by both parties.
C. This Agreement shall be construed in accordance with and all questions with respect
hereto shall be determined by the laws of the State of Washington.
Agreement—Laurie Kim
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ORIGINAL
D. The TRAINER agrees to pay all reasonable costs, attorney's fees and expenses that
may be incurred by the CITY in enforcing the provisions of this Agreement.
E. In the performance of the work herein, the TRAINER agrees to comply with all
applicable State and local laws, rules and regulations.
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TRAINER SIGNATURE: ca(tp
Laurie Kim
516 SW 314th Street
Federal Way, WA 98023
ARTIST TAX ID#: 5119-Zl -L-13
6101
DATE: IIg3J17
DIRECTOR SIGNATUR
DARYL FABER, DIRECTOR
PARKS, ARTS & RECREATION
DATE: \\3i 17
Agreement— Laurie Kim
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