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HomeMy WebLinkAbout7562686 ArtRageous Artist Kids Day - DocuSign Envelope ID:9553AFEC-B526-4080-B2C4-BEBEF1 DABOED CITY OF AUBURN AGREEMENT FOR SERVICES THIS AGREEMENT made and entered into on this 3rd or April 2024, by and between the CITY OF AUBURN ("City"), a municipal corporation of the State of Washington, and Toka Valu ("Contractor"), whose address is 3520 S 166TH St., Seatac, WA 98188, and tvalu tokavalu.com. 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: The City is coordinating ArtRageous Zones at Summer 2024 Festivals and Events with Contractor to provide Hands on Art Activities in Auburn, WA. At the below listed events, the Contractor is responsible for preparing an arts activity and supply list, conducting the program on said dates, preparing and teaching the class/activity, and cleaning up the facility used. Lead Artmaking activity at: Kids Day Les Gove Park Tuesday,June 25, 2024 9:30 am—4:15 pm 2. Requirements A. The CITY shall provide the following: • Marketing • Additional information regarding location and set-up instructions • Canopy, tables, chairs and other generalized equiptment for booth set-up B. The ARTIST shall provide the following: • Arrive with adequate time to set-up and clean up after the event ends (according to the hours listed above) • All materials, art making supplies, and specialty equipment The Contractor shall promptly notify and receive approval from city staff for any substitutions, changes, or cancellations in the above-named performed services. 3. Compensation In consideration of the services to the CITY in connection with the ARTIST services, the ARTIST shall receive total compensation of Two hundred fifty dollars ($250) service fee, inclusive of travel paid by check within 30 days of performed services. The ARTIST shall be paid by the CITY for the completed work and performance in compliance with the terms of this Agreement. Such payment shall be full compensation Page 1 of 4 DocuSign Envelope ID:9553AFEC-B526-4080-B2C4-BEBEF1 DABOED for all work performed and services rendered under the terms of this Agreement. The payment to the ARTIST shall be in compliance with the regulations of the CITY Finance Department. The ARTIST agrees to be responsible for payment of any and all taxes, which may be due as a result of performance under this contract. Lead Artmaking activity on: Amount Due: Kids Day Les Gove Park Tuesday,June 25, 2024 $250 (5 hours at $40/hr. and two hours of prep/set- up/clean-up at $25/hr.) 4. Termination of Aareement 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. Page 2 of 4 DocuSign Envelope ID:9553AFEC-B526-4080-B2C4-BEBEF1 DABOED 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. 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.. 8. Subcontracting. Subcontracting of the services of this contract is not allowed unless prior approval is received by the Arts Coordinator. 9. 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. 10. 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. 11. Background Check Page 3 of 4 DocuSign Envelope ID:9553AFEC-B526-4080-B2C4-BEBEF1 DABOED 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. 12. 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. 13. 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 pDS DocuSigned by: DocuSign-eddby: P �4 NAIL Fo ' " 6/17/2024 Ululak.itO JL Va(,u. 6/11/2024 .ivlv cLYVV Darjil'Faber,"Parks Director Signature Name: vaeomatoka valu Page 4 of 4