HomeMy WebLinkAbout2025-0018 - - Travis Hicks - Travis Hicks Docusign Envelope ID: B96253AD-2AC2-48DA-AE75-9B992AF490A4
CITY OF AUBURN
AGREEMENT FOR SERVICES
Travis Hicks
THIS AGREEMENT made and entered into on this 10 of January 2025, by and between the CITY
OF AUBURN ("City"),a municipal corporation of the State of Washington, and Travis Hicks whose
address is 9220 118th ST E, Puyallup,WA 98373 ("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 Build Sets for the show, How to Succeed, based on the director's vision.
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.
Must have all sets delivered by Monday, February 24,2025 with some minor items to be gotten an/or
made. Must also help with strike on closing night March 16, 2025. Returning of items and sets to storage.
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$1200.00 in 1 payment(s).
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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Docusign Envelope ID: B96253AD-2AC2-48DA-AE75-9B992AF490A4
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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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 Maleure
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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Docusign Envelope ID: B96253AD-2AC2-48DA-AE75-9B992AF490A4
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
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�DocuSigned by:
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Daryl Faber, Parks Director
1/10/2025
Approved as to form: Date:
�Signedby D Sg dby
`A8283CC2560.8C
Paul Byrne,Attorney Jim Kleinbeck,Arts program Coordinator
1/8/2025
Date:
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Travis Hicks—How to Succeed
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