HomeMy WebLinkAbout2025-0582 - - ACP Production Contract Jordan Duncan - Jordan Duncan Docusign Envelope ID:73EFB415-112D-4552-9E74-E4E7422E6AA5
CITY OF AUBURN AGREEMENT
FOR SERVICES
Jordan Duncan Decemb
THIS AGREEMENT was made and entered into on this 8th of 1�25, by and between the
CITY OF AUBURN ("City"), a municipal corporation of the State of Washington, and
Jordan Duncan whose address is 1215 7th St SE Apt m2 Puyallup, WA 98372(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 run backstage for Legally Blonde in conjunction with the
Stage manager based on the Directors Vision. Provider will perform the tasks to
meet professional standards common in the industry. All duties will take place at
Green College 12401 SE 320th St, Auburn, WA 98092 from March 2, 2026— March
22, 2026. Provider will be present at all technical/dress rehearsals and all shows
unless other arrangements have been made with the Arts Program Coordinator.
The Provider will also need to help with strike.
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$400.00 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) 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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and discharge the City of all obligations and liabilities owed by the Provider, who shall not
be liable for any anticipated profits or other consequential damage 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
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repaid to the City on demand, or at the City's sole discretion, offset against funds due the
Provider from the City.
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
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November 25, 2025
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be terminated by the 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.
City of Auburn Contractor
Signertl by: L
AASigned byr :
III �� G � JV aln, PUancro� D421:c__, 7711311777\11..
Julie Krueger, Parks Director Date: 12/7/2025
Date 12/8/2025
FAD ocuSigned by:
94-37 .
Jim Kleinbeck, Arts program Coordinator
12/7/2025
Date:
Approved as to form:
Signed by:
r
auL 151V1AL
1•\I t t I I IT9420
Paul Byrne, Deputy City Attorney
12/8/2025
Date:
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