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HomeMy WebLinkAboutLaurie Kim D 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" • greement—Laurie Kim Page 1 of 4 oR,„,TA 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 Page 2 of 4 D ORPr:Tv,. 7 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 Page 3 of 4 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. • 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 Page 4 of 4