HomeMy WebLinkAbout7576180 Kathryn Stahl - Docusign Envelope ID:A4963DF9-94B2-4DE3-B211-C9DD23CB5D6F
CITY OF AUBURN
AGREEMENT FOR SERVICES
Kathryn Stahl
THIS AGREEMENT made and entered into on this 8 of Augu,52024, by and between the
CITY OF AUBURN ("City"),a municipal corporation of the State of Washington, and Kathryn Stahl
whose address is 405 4th Ave S,Algona,WA 98001("Provider").
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 Provider agrees to Instruct all aspects of the theater camp classes Page to Stage: Under
the Sea August 12—16 and Readers Theatre Favorites August 19-23. Provider will perform
the tasks to meet professional standards common in the industry. with some minor fine tuning
to be done Prior to the opening of the show. Must also help with strike on closing night unless
previously discussed with producer.
The provider will also be responsible for the day to running of the camp at the locations used.
Location of camp:Arthur Jacobsen Elementary School, 29205 132nd Ave SE,Auburn, WA
98092 August 12—16, and 19 -23, 2024
Reporting to the Arts Program Coordinator on a day-to-day basis as needed.
The Provider shall notify and receive approval from the City Arts Program Coordinator for any
substitutes, changes, or cancellations in the above-named performed service.
2. Compensation
As compensation for the Provider's performance of the services provided for in this
Agreement,The City will pay the Provider a fee of$3200.00 in 1 payment(s)the last day of
camp. Payment will be made on the closest payment date in the cycle to the end of the second
camp.
The payment will be full compensation for work performed or services rendered necessary to
complete the work.
The City will provide support services (department brochure, printing programs,flyers, etc.)to
the Provider regarding the program.
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 Provider, City may suspend all payments otherwise due to Provider and the City will have no
further obligations to Provider.
Termination for Convenience. The City may terminate this Agreement upon not less than seven
(7) days written notice to the Provider. If this Agreement is terminated through no fault of the
Provider, the Provider 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
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Kathryn Stahl—August Theater Camps
August 2024
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and discharge the City of all obligations and liabilities owed the Provider,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& Insurance
A. Indemnification/Hold Harmless. Except for injuries and damages caused by the sole negligence
of the City, the Provider 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 Provider, 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 Provider'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.
B. Insurance. Provider will obtain Automobile Liability insurance covering all owned, non-owned,
hired and leased vehicles. Coverage will be at least as broad as Insurance Services Office (ISO)
form CA 00 01 (provider may use a substitute form providing equivalent liability coverage).
Provider will maintain automobile insurance with minimum combined single limit for bodily injury
and property damage of$1,000,000 per accident.
Insurance is to be placed with an authorized insurer in Washington State. The insurer must have a
current A.M. Best rating of not less than A:VII.
The Provider will furnish the City with original certificates of insurance and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of this Agreement before commencement of the work.
The provider will provide the City with written notice of any policy cancellation within two business
days of their receipt of such notice. Failure by the Provider 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 Provider 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 Provider from the City.
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Kathryn Stahl—August Theater Camps
August 2024
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6. Assignment
Subcontracting of the services of this contract is not allowed unless prior approval is received by the
department.
7. Nondiscrimination
The Provider 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.
8. 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.
9. Background Check
Whenever the City deems it reasonably necessary, it may conduct, at its expense, criminal and
driver history background checks of Provider and its contractors, officers, employees or agents that
may have contact with minors or elderly as part of performing this agreement.The Provider will
provide its full cooperation with the conduct of any check. The city may terminate this agreement
if, in the opinion of the City, a background check shows that the Provider, 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 Provider to reassign any employee,
agent, contractor, subgrantee, or volunteer that, in the City's opinion, is unsuitable based on the
background check.
10. 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.
11. 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.
12. Non-Availability of Funds
Every obligation of the City under this Agreement is conditioned upon the availability of funds
appropriated or allocated for the performance of such obligation;and if funds are not allocated and
available for the continuance of this Agreement, then this Agreement may be terminated by the
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Kathryn Stahl—August Theater Camps
August 2024
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Docusign Envelope ID:A4963DF9-94B2-4DE3-B211-C9DD23CB5D6F
City at the end of the period for which funds are available, without the seven (7) days' notice
provided by Section 5. No liability will accrue to the City in the event this provision is exercised.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed effective the
day and year first set forth above.
Contractor CITY OF AUBURN
Signed by: /'Initial DocuSigned by:
r
6 lVIAN, St C-es 5Arti, FAlit-r 8/8/2024
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8/6/2024
Date: Daryl Faber, Parks Director
Date DocuSigned by:
—MOL00I.-0 UH40,
Jim Kleinbeck,Arts program Coordinator
Date: 8/6/2024
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Kathryn Stahl—August Theater Camps
August 2024
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