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Home My WebLink About2025-0173 - - Senior Center Fathers Day Lunch Entertainment 2025 - Mike Colvin Docusign Envelope ID:3F8B591A-9168-418B-A7DC-4E6DEF44C6C1 CITY OF AUBURN AGREEMENT FOR SERVICES THIS AGREEMENT made and entered into on this April 8,2025 by and between the CITY OF AUBURN ("City"), a municipal corporation of the State of Washington ("City"), and Mike Colvin ("Contractor"), whose address is 2302 R St SE #120d, Auburn, WA 98002. In consideration of the mutual promises and covenants and conditions contained in this Agreement, the parties agree as follows: 1. Scope of Services Professional services: Musical Entertainment at Auburn's Senior Center Fathers Day Lunch The contractor is required to perform said services on: Friday, June 13 11:40am-12:40pm Location: 808 9th Street SE, Auburn WA 98002 The Contractor will be responsible to provide work products and services of a quality and professional standard acceptable to the City. The Contractor shall notify and receive approval from the Special Event Coordinator for any substitutes, changes, or cancellations in the above-named performed services. Subcontracting of the services of this contract is not allowed unless prior approval is received by the department. 2. Contractor's Representations & Qualifications The Contractor represents and warrants that it has all necessary licenses and certifications to perform the services provided for in the Agreement, and that the person signing this Agreement has all requisite authority to contractually bind Contractor. 3. Compensation The agreed fee to be paid is: $600 This payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, overhead, profit, and incidentals necessary to complete the work. The Contractor shall be responsible for payment of any and all taxes that may be due as a result of performance under this contract. 4. Termination of Agreement a) 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. b) Termination for Convenience. The City may terminate this Agreement upon not less than seven (7) days written notice to the Contractor, which shall contain the effective date of termination, to the Contractor. If this Agreement is terminated through no fault of the Contractor, the Contractor shall be compensated for services performed prior to termination. This payment shall fully satisfy and Page 1 of 3 Docusign Envelope ID:3F8B591A-9168-418B-A7DC-4E6DEF44C6C1 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. c) Contractor's Inability to Perform. If Contractor is incapacitated from rendering services on the dates stated above due to sickness, the Parties shall make good faith efforts to reschedule the performance(s) at a mutually agreed upon date not more than 12 months following the date of the event or performance, either at the same venue as initially scheduled or at another available venue. If rescheduling is not possible within one year of the event, the Contractor will be considered in default and shall forfeit the full deposit. 5. Continuation of Performance In the event that any dispute or conflict arises between the parties while this Agreement is in effect, the Contractor agrees that, notwithstanding such dispute or conflict, the Contractor shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 6. Promotional Responsibilities Upon signature of this contract, Contractor shall deliver the following promotional materials to the CITY: Company bio, photos (high resolution electronic images), and any artwork specifically pertaining to the Contractor. 7. Independent Contractor The Contractor agrees 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 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. 8. CoDvriaht. Contractor is aware of the application of U.S. Copyright Law to the playing of live music. Contractor certifies that any music played at Auburn Senior Center Fathers Day Lunch is of Contractors own authorship, in the public domain, or Contractor possess the rights to play. 9. Unsupervised Contact with Children If the Contractor, its employees, or its agents will or may have unsupervised access to children under sixteen years of age, or to developmentally disabled persons, or to vulnerable adults during the course of the service provided by this agreement, the Contractor must provide a Washington State Patrol Criminal Background check, in compliance with RCW 43.43.830 et seq., for the person(s) who may have such contact. . 10. Insurance The City reserves the right to require liability insurance in the amounts determined necessary to respond to the risk posed by the event. 12. Indemnification/Hold Harmless Except for injuries and damages caused by the sole negligence of the City, the Contractor shall 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 in connection with any alleged act, omission, professional error, fault, mistake, or negligence of the Contractor, its employees, agents, representatives, or subcontractors, arising out of the performance and obligations contained in this Agreement including any copyright infringements for musical performance, or arising out of worker's compensation, unemployment compensation, or unemployment disability compensation claims. Page 2 of 3 Docusign Envelope ID:3F8B591A-9168-418B-A7DC-4E6DEF44C6C1 13. Assignment Neither party to this Agreement shall assign any right or obligation hereunder in whole or in part, without the prior written consent of the other party. No assignment or transfer shall release the assignor from any liability or obligation under this Agreement. 14. 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. 15. Construction This Agreement having been drafted by mutual agreement of the parties, interpretation or construction of it shall not be affected by any determination as to who is the drafter. 16. Entire Aareement 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 regarding the services to be performed by the Contractor or regarding this Agreement shall bind any of the parties. 17. 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, actions of the elements, mob violence, strikes, state of emergency due to pandemic, lockouts, and emergency orders of the state or federal government. 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 PERFORMER Initial rSigned by: -I�^ Signed by: taier0/2025�U �(J I J I kilt, ro6tn, 4/9/2025 Julie`K'r=uger;director, City of Auburn SignaTurrH4' Department of Parks, Arts & Recreation Mi ke col vi n Name: Title: Band leader �DocuSigned by: ,b(,,t, rwi ,4/9/2025 AMP WIT'" Senior Center Program Coordinator Page 3 of 3