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HomeMy WebLinkAbout7558026 Kiwabis Concession Contract - DocuSign Envelope ID:C1E4582A-F885-48C4-A830-B555E8D7870A AGREEMENT FOR PROFESSIONAL SERVICE THIS AGREEMENT is made and entered into this 3rd day of une2024, 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: Provided concessions services for Bravo Performing Arts Shows for the 2023- 2024 Season. 3. SITE OF PERFORMANCE The CONTRACTOR will conduct its service at: Green River College 12401 SE 320th St, Auburn, WA 98092 &The Postmark Center for the Arts 20 Auburn Avenue, Auburn WA 98002, herein referred to as "VENUE" Agreement- Kiwanis Kactus Foundation 2024 BRAVO Concessions Page 1 of 4 DocuSign Envelope ID:C1E4582A-F885-48C4-A830-B555E8D7870A 4. REQUIREMENTS The CITY shall provide the following for this service: • Performance • Site 5. COMPENSATION In consideration of the services to the CITY in connection with the Professional performance, the CONTRACTOR shall receive total compensation of$500.00 (Five Hundred and 00/100 Dollars) 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 sent or picked up by the CONTRACTOR's company manager or his/her designee following the most current CITY accounts payable cycle. 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 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. Agreement— Kiwanis Kactus Foundation 2024 BRAVO Concessions Page 2 of 4 DocuSign Envelope ID:C1E4582A-F885-48C4-A830-B555E8D7870A 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 Jim Kleinbeck Arts Program Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 CONTRACTOR Kiwanis Kactus Foundation do 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: 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 BRAVO Concessions Page 3 of 4 DocuSign Envelope ID:C1E4582A-F885-48C4-A830-B555E8D7870A CONTRACTOR DocuSigned by: Mary Ellen Bowers for Kiwanis Kactus Foundation CONTRACTOR TAX ID#: On File DATE: 5/20/2024 CITY OF AUBURN DocuSigned by: [-NAIL F alivr Pr DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION 6/3/2024 DATE: by: E,D::::2ed ✓DA C JIM KLEINBECK, ARTS PROGRAM COORDINATOR PARKS, ARTS & RECREATION DATE: 5/3/2024 Agreement- Kiwanis Kactus Foundation 2024 BRAVO Concessions Page 4 of 4