HomeMy WebLinkAbout7546997 2024 Clean Sweep Breakfast - DocuSign Envelope ID: DFOFF62C-6B8F-450E-B26C-4A9AE1DA5296
AGREEMENT FOR PROFESSIONAL SERVICE
THIS AGREEMENT is made and entered into this_5th_day of_February_, 2024, by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein
referred to as "CITY" and Kiwanis Kactus Foundation c/o Mary Ellen Bowers, whose address is
6906 185th AVE E, Bonney Lake, WA 98391, herein referred to as "CONTRACTOR".
WHEREAS, the CITY desires to contract with the CONTRACTOR to provide an professional
service for the public in Auburn, Washington; and
WHEREAS, the CONTRACTOR has agreed to perform the work in compliance with the terms
and conditions of this Agreement;
NOW THEREFORE, the CITY and CONTRACTOR in consideration of the conditions and
covenants herein do agree as follows:
1. RETENTION OF CONTRACTOR
The CITY does hereby retain the CONTRACTOR to perform the work and services described
herein. The parties agree that the CONTRACTOR is an independent contractor and shall
furnish all supervision, labor, and all other incidentals except as specifically provided herein
and the CONTRACTOR agrees to conduct and complete the professional service in a
competent and professional manner in accordance with the terms of this Agreement.
2. SCOPE OF WORK
The CONTRACTOR agrees to provide the following specific services in its professional
service:
• Breakfast for Auburn's Clean Sweep on Saturday, April 20, 2024 from 7:30 AM —
8:30 AM
• Load in and set-up at 6 AM and be out of the Community Center by 10:30 AM
• Menu to consist of the following:
o Fruit
o Eggs
o Meat option
o Milk
o Bagels &cream cheese
o Yogurt
3. SITE OF PERFORMANCE
The CONTRACTOR will conduct its service at:
Agreement— Kiwanis Kactus Foundation
2024 Auburn's Clean Sweep
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DocuSign Envelope ID: DFOFF62C-6B8F-450E-B26C-4A9AE1 DA5296
Auburn Community& Events Center, 910 9th ST SE,Auburn WA 98002 herein referred to as
"VENUE"
4. REQUIREMENTS
The CITY shall provide the following for this service:
• 10 folding tables
• Lobby and hall space for the breakfast
• Storage space for food in one rental fridge that can be used on Friday, April 19
after 7 AM
i. All items must be removed from fridge by 10:30 AM Saturday, April 20
• Tickets for counting breakfast attendees
• Number of attendees by April 12th, 2024
• Clorox Wipes for cleaning tables and chairs
• Bin for yogurt container collection
• Sign for yogurt collection
5. COMPENSATION
In consideration of the services to the CITY in connection with the Professional performance,
the CONTRACTOR shall receive total compensation of$8.50 per attendee not to exceed
the number of attendees provided to the Contractor on April 12th, 2024.
6. PAYMENT
The CONTRACTOR shall be paid by the CITY for the completed work and service 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 CONTRACTOR shall be in compliance with the regulations of the CITY Finance
Department. The CONTRACTOR 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 picked
up by the CONTRACTOR's company manager or his/her designee following the event.
7. PROMOTIONAL RESPONSIBILITIES
CONTRACTOR shall provide the following promotional materials to the CITY: Company bio,
photos (high resolution electronic images) and any artwork specifically pertaining to
CONTRACTOR at the upon signature of this contract.
8. INDEMNIFICATION
The CONTRACTOR 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 musical performances, arising out of the performance and
Agreement-Kiwanis Kactus Foundation
2024 Auburn's Clean Sweep
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DocuSign Envelope ID: DFOFF62C-6B8F-450E-B26C-4A9AE1 DA5296
obligations contained in this Agreement on the part of the CONTRACTOR, 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 CONTRACTOR is incapacitated from rendering services through sickness or otherwise, or if
CONTRACTOR cannot perform because of fire, accident, act of God or impossibility of
performance, the CONTRACTOR shall not receive any compensation for the time during
which the services have not been rendered. Every effort shall be made between
CONTRACTOR and CITY to reschedule the service at a mutually agreed upon date.
10. PERFORMANCE RAINOUT
n/a. Event is held rain or shine.
11. TERMINATION
In the event the CONTRACTOR 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 Amanda Valdez, Special Events Coordinator
City of Auburn
910 Ninth Street SE
Auburn, WA 98002
CONTRACTOR Kiwanis Kactus Foundation c/o Mary Ellen Bowers
6906 185th AVE E,
Bonney Lake, WA 98391
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.
12. GENERAL PROVISIONS
The following provisions may apply:
Agreement-Kiwanis Kactus Foundation
2024 Auburn's Clean Sweep
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DocuSign Envelope ID: DFOFF62C-6B8F-450E-B26C-4A9AE1 DA5296
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.
D. The CONTRACTOR 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 service of the work herein, the CONTRACTOR agrees to comply with all
applicable State and local laws, rules and regulations.
Agreement—Kiwanis Kactus Foundation
2024 Auburn's Clean Sweep
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DocuSign Envelope ID: DFOFF62C-6B8F-450E-B26C-4A9AE1 DA5296
CONTRACTOR
DocuSigned by:
Mary Elii Len rb°owers for
Kiwanis Kactus Foundation
CONTRACTOR TAX ID#: On File
2/24/2024
DATE:
CITY OF AUBURN
DS DocuSigned by:
-JbH4/I25JU44H4 I/
DARYL FABER, DIRECTOR
PARKS, ARTS & RECREATION
2/26/2024
DATE:
1aDocuSigned by:
wlaa llet Vat,
AMANDA VALDEZ, SPECIAL EVENTS COORDINATOR
PARKS, ARTS & RECREATION
2/26/2024
DATE:
Agreement—Kiwanis Kactus Foundation
2024 Auburn,
s Clean Sweep
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