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Home My WebLink About2025-0076 - - 2025 Clean Sweep Breakfast Contract Docusign Envelope ID:980B28AB-E07F-4BD5-A3D9-65A4E867E93A AGREEMENT FOR PROFESSIONAL SERVICE THIS AGREEMENT is made and entered into this_28th_day of_January_, 2025, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and The Kiwanis Kactus Foundation c/o Bob Spurrell,whose address is PO Box 1249,Auburn WA 98071, 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: • Breakfast for Auburn's Clean Sweep on Saturday,April 26, 2025 from 7:30 AM— 8:30 AM • Load in and set-up at 6 AM and be out of the Community Center by 10:30 AM • Menu to consist of the following: o Fruit o Eggs o Meat option o Milk o Bagels &cream cheese o Yogurt 3. SITE OF PERFORMANCE The CONTRACTOR will conduct its service at: Agreement—The Kiwanis Kactus Foundation 2025 Auburn's Clean Sweep Page 1of5 Docusign Envelope ID:980B28AB-E07F-4BD5-A3D9-65A4E867E93A Auburn Community & Events Center, 910 9th ST SE,Auburn WA 98002 herein referred to as "VENUE" 4. REQUIREMENTS The CITY shall provide the following for this service: • 10 folding tables for food in lobby hallway • Lobby and hall space for the breakfast • Storage space for food in one rental fridge that can be used on Friday, April 25 after 7 AM i. All items must be removed from fridge by 10:30 AM Saturday, April 26 • Tickets for counting breakfast attendees • Clorox Wipes for cleaning tables and chairs 5. COMPENSATION In consideration of the services to the CITY in connection with the Professional performance, the CONTRACTOR shall receive total compensation of$8.50 per attendee for 300 attendees. For a total compensation of two thousand,five hundred and fifty dollars and no/100 ($2,550). 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 picked up by the CONTRACTOR's company manager or his/her designee following the event. 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. Agreement—The Kiwanis Kactus Foundation 2025 Auburn's Clean Sweep Page 2 of 5 Docusign Envelope ID:980B28AB-E07F-4BD5-A3D9-65A4E867E93A • 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. 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 Amanda Valdez, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 CONTRACTOR The Kiwanis Kactus Foundation c/o Bob Spurrell PO BOX 1249 Auburn, WA 98071 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. Agreement-The Kiwanis Kactus Foundation 2025 Auburn's Clean Sweep Page 3 of 5 Docusign Envelope ID:980B28AB-E07F-4BD5-A3D9-65A4E867E93A 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—The Kiwanis Kactus Foundation 2025 Auburn's Clean Sweep Page 4 of 5 Docusign Envelope ID:980B28AB-E07F-4BD5-A3D9-65A4E867E93A CONTRACTOR Bob Spurrell The Kiwanis Kactus Foundation CONTRACTOR TAX ID#: On File DATE:2) 12025 CITY OF AUBURN p—Initial PI5 PDocuSigned by: ent FAkr �JO/14/�OJU44/141/ DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: 2/6/202 5 Signed by: i �C/IJCI.UIr�/V4��. AMANDA VALDEZ, SPECIAL EVENTS COORDINATOR PARKS, ARTS & RECREATION DATE: 2/6/202 5 Agreement—The Kiwanis Kactus Foundation 2025 Auburn's Clean Sweep Page 5 of 5 Docusign Envelope ID:980B28AB-E07F-4BD5-A3D9-65A4E867E93A