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HomeMy WebLinkAbout7554382 Demonstration at Postmark - DocuSign Envelope ID:59CAAF92-E520-4FB5-9CE3-B9496B6CD07C CITY OF AUBURN AGREEMENT FOR SERVICES THIS AGREEMENT made and entered into on April 10, 2024, by and between the CITY OF AUBURN ("City"), a municipal corporation of the State of Washington, and Keith Stevenson ("Contractor"), whose address is 5417 96th St E, Puyallup, WA, 98371 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: For the below listed courses, the Contractor is responsible for preparing a class outline and supply list, conducting the program on said dates, preparing and teaching the class/activity, cleaning up the facility used, and providing an evaluation of the program. If not indicated below, the location of the programs shall be at the Auburn Community & Event Center. Class Title Barcode Date(s) From Until Facility Introduction n/a March 28, 2024 3:00 pm 7:00 pm Postmark to Center for the Muckleshoot Arts Carving Demonstration Class Title Barcode Rate Amount Class Min. Class Max. Introduction n/a (3 hours at to teaching rate Muckleshoot $40/hr. 1 hour Carving at set up rate Demonstration $25/hr.) The Contractor shall promptly notify and receive approval from city staff for any substitutions, changes, or cancellations in the above-named performed services. 2. Compensation The City will compensate the Contractor on an hourly rate of $40/hr for the above listed artist demonstration and tour lasting a total of 5 hours, with a total payment due of $145 Page 1 of 4 DocuSign Envelope ID:59CAAF92-E520-4FB5-9CE3-B9496B6CD07C which shall include all materials supplied by the Contractor for any course. The contractor is required to invoice the City for services rendered by the date indicated on the Invoice for the number of participants registered at the end of the session. The agreed fee will be paid in one payment if the class/activity meets 10 weeks or less, or will be paid in 2 payments if the class/activity meets 11 weeks or more. The payment will be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, overhead, profit, and incidentals necessary to complete the work. The City will notify the Contractor of the number of finalized registrations for a course 36 hours prior to the starting time of the course. If prior to that deadline fewer than 6 individuals have registered for a class, the city will cancel the course, unless the Contractor notifies the City that the Contractor will perform the above services for that course although the registrations are fewer than the minimum. The City will not compensate the Contractor for cancelled courses. 3. Termination of Agreement 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. 4. 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. 5. 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. Page 2 of 4 DocuSign Envelope ID:59CAAF92-E520-4FB5-9CE3-B9496B6CD07C 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. 6. Insurance The Contractor may be required to provide a Certificate of Insurance naming the City as an additional insured and evidencing Commercial General Liability insurance with limits no less than $1,000,000, combined single limit per occurrence. Contractor is responsible for verifying with the Recreation Coordinator if a certificate of Insurance is required. If General Liability insurance is required by the City, the Contractor must maintain the insurance policy for the duration of this Agreement and 30 days thereafter. Contractor's maintenance of insurance as required by the Agreement will not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The General Liability insurance must be at least as broad as ISO occurrence form CG 00 01 and will cover liability arising from premises, operations, stop-gap independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City will be named as an additional insured using an additional insured endorsement at least as broad as ISO Additional Insured endorsement CG 20 26. Failure by the Contractor to maintain the insurance as required will constitute a material breach of this agreement, upon which the City may, after giving five (5) business days' notice to the Contractor to correct the breach, immediately terminate the agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the City's sole discretion, offset against funds due the Contractor from the City.. 7. Subcontracting Subcontracting of the services of this contract is not allowed unless prior approval is received by the Arts Coordinator. 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. 10. Background Check Page 3 of 4 DocuSign Envelope ID:59CAAF92-E520-4FB5-9CE3-B9496B6CD07C 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. CITY OF AUBURN CONTRACTOR Ds DocuSigned by: DocuSigned by: ry NAIL FAlUr 4/22/2024 kik St A ASDln, 4/10/2024 .70H4 b 44H41 LVvr vi.y.io. Daryl 1a'Der, (:'arks Director Signature Keith Stevenson Name: Page 4 of 4