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Home My WebLink About7546985 Wednesday Poets at the Postmark Professional Services Agreement - DocuSign Envelope ID:002FC897-446D-4483-A4E2-05931058A890 CITY OF AUBURN AGREEMENT FOR SERVICES Poetry at the Postmark —Auburn Avenue Poets THIS AGREEMENT made and entered into on this 8th of February 2024 , 2023, by and between the CITY OF AUBURN ("City"), a municipal corporation of the State of Washington, and Auburn Avenue Poets, care of Nancy Colson, ("Contractor"), whose address is 1214 "0" St NE, Auburn, WA, 98002. In consideration of the conditions and the mutual promises and covenants contained in this Agreement, the parties agree as follows: 1. Scope of Services The Contractor agrees to perform the following services: • Provide all planning and coordination for monthly poetry reading nights on the first Wednesday of each month at the Postmark Center for the Arts, beginning in February 2024 (to include a variety of featured readers or Poets Laureate) • Contractor agrees to plan, organize, and manage these event and all of the guest poets, including paying honorariums to all guest featured readers. • Contractor is responsible for set-up and take down of the events. • Contractor will also be responsible for coordinating a food option on-site (if desired). • All information about the upcoming month's featured readers will need to be sent to the City of Auburn staff no less than three weeks prior to the next monthly reading, so that adequate time for City marketing is possible. • Contractor will provide their own volunteers if needed for the events, although a city staff member will be present to act as a house manager for the event. The contractor is required to perform said services on: • Poetry reading nights on the first Wednesday of every month in 2024 from 6:30- 8:30pm, with the contractor to be on-site no later than 6pm to begin set-up. 2. City's Services The City shall provide the following technical assistance for this service: • Complimentary use of the Postmark Center for the Arts venue rental for events • House manager for event • Tables (up to 5), chairs (up to 80) • Promotion of event via website, emails, Facebook, etc. • Coffee and water service for up to 30 at monthly events 3. Compensation The City will compensate the Contractor a total fee of$2,750. The City's payments will be full compensation for work performed/services rendered and for all labor, materials, supplies, equipment, overhead, profit, and incidentals necessary for Provider to complete February 5, 2024 Page 1 of 4 DocuSign Envelope ID:002FC897-446D-4483-A4E2-05931058A890 the work. The City shall make payment to Contractor of$250 per month for the term of this agreement. The monthly payments shall be processed by the City according to its normal monthly billing/claim cycle. 4. Term and Termination of Agreement The term of this agreement shall be February 1, 2024 through December 31, 2024. Termination for cause. Either party may terminate this Agreement upon written notice 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 notice will identify the reason(s) for termination, and specify the effective date of termination. In the event of a default by Contractor, City may suspend all payments otherwise due to Contractor and the City will have no further obligations to Contractor. Termination for Convenience. The City may terminate this Agreement upon not less than seven (7) days written notice to the Contractor. If this Agreement is terminated through no fault of the Contractor, the Contractor will be compensated for services performed prior to termination in accordance with the rate of compensation provided in Exhibit "B". This payment shall fully satisfy and discharge the City of all obligations and liabilities owed the Contractor, who shall not be liable for any anticipated profits or other consequential damages resulting from the termination. 5. Independent Contractor The Contractor agrees and understands that he/she is an independent contractor and not the agent or employee of the City. The manner and means of providing the professional services herein are under the sole control of the Contractor. The Contractor shall be solely responsible for reporting his/her hours, earnings, income tax, and social security to the applicable federal and state agencies. The contractor understands that he/she is not entitled to any of the benefits provided by an employer to employees including but not limited to disability and unemployment insurance. 6. Indemnification/Hold Harmless Except for injuries and damages caused by the sole negligence of the City, the Contractor will defend, indemnify and hold the City and its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits of every kind, including attorney fees and litigation expenses, arising out of or resulting from the acts, errors, or omissions of the Contractor, its employees, agents, representatives, or subcontractors, including employees, agents, or representatives of its subcontractors, made in the performance of this Agreement, or arising out of worker's compensation, unemployment compensation, or unemployment disability compensation claims. If is further specifically and expressly understood that this indemnification constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section will survive the expiration or termination of this Agreement. 7 Subcontracting Subcontracting of the services of this contract is not allowed unless prior approval is received by the Arts Program Supervisor. February 5, 2024 Page 2 of 4 DocuSign Envelope ID:002FC897-446D-4483-A4E2-05931058A890 8. Nondiscrimination The Contractor may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 9. Amendment, Modification and Waiver No amendment, modification, or waiver of any condition, provision, or term of this Agreement will be valid or of any effect unless made in writing, signed by the party or parties to be bound, or the party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver, approval or acceptance, or payment by any party will not affect or impair that party's rights arising from any default by the other party. Any substitutions, changes, or cancellations in the above-named performed services requires approval from the Arts Program Supervisor. 10. Background Check The Contractor must provide a Washington State Patrol Criminal Background check, in compliance with RCW 43.43.930 er seq., for themselves and/or their employees where any person may have unsupervised access to children under sixteen years of age or to developmentally disabled persons, or vulnerable adults during the course of his/her contractual involvement with the City. If the City chooses to perform a background check, the Contractor will provide its full cooperation with the conducting of any check. The City may terminate this agreement if, in the opinion of the City, a background check shows that the Contractor, its contractor, officer, employee, volunteer, or agent is unsuitable to provide the scope of work for this agreement. Alternatively, at the City's discretion, the City may require the Contractor to reassign any employee, agent, contractor, subgrantee, or volunteer that, in the City's opinion, is unsuitable based on the background check. 11. Force Maieure Any delay in the performance of any obligation under this Agreement shall be excused, if and so long as the performance of the obligation is prevented, delayed or otherwise hindered by any act not within the control of a party such as fire, cyber/ransomware attack, earthquake, flood, explosion, actions of the elements, riots, mob violence, strikes, pandemic, lockouts, and emergency orders of the state or federal government. 12. Entire Agreement This Agreement together with any subsequent amendments or addendums contains the entire understanding of the parties in respect to the transactions contemplated and supersedes all prior representations, agreements and understandings between the parties, either oral or written. No other understandings, oral or otherwise, regarding this Agreement shall bind any party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. February 5, 2024 Page 3 of 4 DocuSign Envelope ID:002FC897-446D-4483-A4E2-05931058A890 CITY OF AUBURN CONTRACTOR DS DocuSigned by:rA DocuSigned by: l� rt atit,r �Na. 6at,sem, Dary°i"rabe"r;'birector Signature'C14' Department of Parks, Arts & Recreation Name: Nancy Colson Date: 2/8/2024 Date: 2/6/2024 February 5, 2024 Page 4 of 4