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HomeMy WebLinkAboutPeter L DingfieldtoN 3.165 1~FTJBIJRN WAtiHINGTON CITY OF AUBURN AGREEMENT FOR SERVICES THIS AGREEMENT made and entered into on this , day of 2009 by and between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as CITY and Peter L. Dingfield, whose address is, 17212 119th PI NE, Arlington, WA 98223, hereinafter referred to as PROVIDER. In consideration of the covenants and conditions of this AGREEMENT, the parties hereby agree as follows: 1. Scope of Work The PROVIDER agrees to perform in a good and professional manner the tasks described on Exhibit A, wish is attached hereto and by this reference made a part of this AGREEMENT. The PROVIDER shall perform the services as an independent contractor and shall not be deemed, by virtue of this AGREEMENT and the performance thereof, to have entered into any partnership, joint venture, employment or other relationship with the CITY. 2. Additional Services From time to time hereafter, the parties hereto may agree to the performance by the PROVIDER of additional services with respect to related work or projects, Any such AGREEMENT(s) shall be set forth in writing and shall be executed by the respective parties prior to the PROVIDER's performance of the services there under, except as may be provided to the contrary in Section 3 of the AGREEMENT. Upon proper completion and execution of an addendum (AGREEMENT for additional services), such addendum shall be incorporated into this AGREEMENT and shall have the same force and effect as if the terms of such addendum were a part of the AGREEMENT as originally executed. The performance of services pursuant to an addendum shall be subject to the terms and conditions of the AGREEMENT except where the addendum provides to the contrary, in which case the terms and conditions of any such addendum shall control. In all other respects, any addendum shall supplement and be construed in accordance with the terms and conditions of the AGREEMENT. 3. Performance of Additional Services Prior to Execution of an Addendum The parties hereby agree that situations may arise in which service other than those described on Exhibit A are desired by the CITY and the time period for the completion of such services makes the execution of addendum impractical prior to the commencement of the PROVIDER'S performance of the requested services, The PROVIDER hereby agrees that it shall perform such services upon the oral request of an authorized representative of the CITY pending execution of an addendum, at a rate of compensation to be agreed to in connection therewith. The invoice procedure for any such additional services shall be described in Section 7 of this AGREEMENT. Arts Agreement for Provider Services Page 1 of 8 v.Nov2008 ATLTBURN " wnsr+trrcTON 4. PROVIDER's Representations The PROVIDER hereby represents and warrants that it has all necessary licenses and certifications to perform the services provided for herein, and is qualified to perform such services. 5. CITY's responsibilities The CITY shall do the following in a timely manner so as not to delay the services of the PROVIDER. a. Designate in writing a person to act as the CITY's representative with respect to the services. The CITY's designee shall have complete authority to transmit instructions, receive information, interpret and define the CITY's policies and decisions with respect to the services. b. Furnish the PROVIDER with all information, criteria, objectives, schedules and standards for the project and the services provided for herein. 6. Acceptable Standards The PROVIDER shall be responsible to provide, in connection with the services contemplated in the AGREEMENT, work product and services of a quality and professional standard acceptable to the CITY. 7. Compensation As compensation for the PROVIDER's performance of the services provided for herein, the CITY shall pay the PROVIDER the fees and costs specified in Exhibit A(or as specified in an addendum). The PROVIDER shall submit to the CITY an invoice or statement of the of time spent on tasks included in the scope'of work (Exhibit A) and the CITY shall process the invoice or statement in the next billing/claim cycle following receipt of the invoice or statement, and shall remit payment to the PROVIDER thereafter in the normal course, subject to any conditions or provisions in the AGREEMENT or addendum. 8. Time for Performance and Term of AGREEMENT The PROVIDER shall perform the services provided for herein in accordance with the direction and scheduling provided on Exhibit A unless otherwise agreed to in writing by the parties. The Term of this AGREEMENT shall commence on the date hereof and shall expire Agreement for Provider Services upon notice of termination by either party. 9. Records Inspection and Audit All compensation payments shall be subject to the adjustments for any amounts found upon audit or otherwise to have been improperly invoiced, and all records and books of accounts pertaining to any work performed under this AGREEMENT shall be subject to inspection and audit by the CITY for a period of up to three (3) years from the final payment for work performed under this AGREEMENT. Arts Agreement for Provider Services Page 2 of 8 v.Nov2008 ATUBURN - WASHINGTON 10. Continuation of Performance In the event that any dispute or conflict arises between the parties while this AGREEMENT is in effect, the PROVIDER agrees that, notwithstanding such dispute or conflict, the PROVIDER shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 11. Administration of AGREEMENT This AGREEMENT shall be administered by Laurie Rose, Cultural Arts Manager, and Jim Kleinbeck, Theater Operations Specialist, for the CITY. Any written notices required by the terms of this AGREEMENT shall be served on or mailed to the following addresses: CITY OF AUBURN Laurie Rose, Cultural Arts Mgr Auburn Parks, Arts & Recreation Auburn, WA 98002 253-931-3043 1253-804-5057 Lrose@auburnwa.gov PROVIDER Peter L. Dingfield 17212 119t" PI. NE Arlington, WA 98223 206-852-8075 (cell) pdingfield@yahoo.com 12. Notices All notices or communications permitted or required to e given under this AGREEMENT shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed if to a party of this AGREEMENT to the address for the party set forth above, or if to a person not a party to this AGREEMENT, to the address designated by a party to this AGREEMENT in the foregoing manner. Any party may change his, her or its address by giving notice in writing, stating new address. 13. Insurance During the term hereof, the PROVIDER shall take out and maintain in full force and effect such workmen's compensation and other similar insurance as may be required by law. 14. Indemnification The PROVIDER shall indemnify and hold harmless the CITY and its officers agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of the negligent act or omission of the PROVIDER, its officers, agents, employees, or any of them relating to or arising out of the performance of this AGREEMENT. If a final judgment is rendered against the CITY, its officers, agents, employees and/or any of them, or jointly against the CITY and the PROVIDER and their respective officers, agents and employees, or any of them, the PROVIDER shall satisfy Arts Agreement for Provider Services Page 3 of 8 v.Nov2008 CITY Of ALJBURN LNASHINGTON the same to the extent that such judgment was due to the PROVIDER's negligent acts or omissions. 15. 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 hereto. No assignment or transfer of any interest under this AGREEMENT shall be deemed to release the assignor from any liability or obligation under this AGREEMENT, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 16. Amendment, Modification or Waiver No amendment, modification or waiver of any condition, provision or term of this AGREEMENT shall be valid or of any effect unless made in writing, signed by the party or parties to be bound, or such party's or parties' duly authorized representative(s) and specifying with particularity the nature and extent of such amendment, modification or waiver. Any waiver by any party of any default of the other party shall not effect or impair any right arising from any subsequent default. Nothing herein shall limit the remedies or rights of the parties hereto under and pursuant to this AGREEMENT. 17. Termination and Suspension 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 CITY may terminate their AGREEMENT upon written notice to the PROVIDER pursuant to the Exhibit A attached hereto if the services provided for herein are no longer needed from the PROVIDER. If this AGREEMENT is terminated through no fault of the PROVIDER, the PROVIDER, shall be compensated for services performed prior to termination in accordance with the rate of compensation proved in Exhibit A hereof. 18. Parties of Interest This AGREEMENT shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties hereto and their respective successors and assigns, provided that this section shall not be deemed to permit any transfer or assignment otherwise prohibited by this AGREEMENT. This AGREEMENT is for the exclusive benefit of the parties hereto and it does not create a contractual relationship with or exist for the benefit of any third party, including contractors, sub-contractors and their sureties. Arts Agreement for Provider Services Page 4 of 8 v.Nov2008 A~BURN -WASHWGTON 19. Costs to Prevailing Party In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this AGREEMENT, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. 20. Applicable Law This AGREEMENT and the rights of the parties hereunder shall be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the County in Washington State in which the property or project is located and if not site specific, then in King County, Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than the substantial completion by the PROVIDER of the services. 21. Captions, Headings and Titles All captions, headings or titles in the paragraphs or sections of this AGREEMENT are inserted for convenience of reference only and shall not constitute a part of this AGREEMENT or act as a limitation of the scope of the particular paragraph or sections to which they apply. As used herein, where appropriate, the singular shall include the plural and vice versa and masculine, feminine and neuter expressions shall be interchangeable. Interpretation or construction of this AGREEMENT shall not be affected by any determination as to who is the drafter of the AGREEMENT, this AGREEMENT having been drafted by mutual AGREEMENT to the parties. 22. Severable Provisions Each provision of this AGREEMENT is intended to be severable. If any provision hereof is illegal or invalid for any reason whatesoever, such illegality or invalidity shall not affect the validity of the remainder of this AGREEMENT. 23. Entire AGREEMENT This AGREEMENT contains the entire understanding of the parties hereto in respect to the transactions contemplated here by and supersedes all prior AGREEMENTS and understandings between the parties with respect to such subject matter. 24. Counterparts This AGREEMENT may be executed in multiple counterparts, each of which shall be one and the same AGREEMENT and shall become effective when one or more counterparts have been assigned by each of the parties and delivered to the other party. Arts Agreement for Provider Services Page 5 of 8 v.Nov2008 Cllti Of AUBURN ' --WASFIINGTON IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed effective the day and year first set forth above. CITY OF A ~ Peter B. Lewis, Mayor PROVIDER ~ 77 Peter L. DggTi-IJI 0-1 Attest: Danielle E. Daskam, City Clerk Approved as to form: ~ ; Qzl i . eiity At rn y Arts Agreement for Provider Services Page 6 of 8 v.Nov2008 AUBURN 14'.AS}~IINGTON EXHIBIT A AUBURN AVENUE THEATER THEATER OPERATIONS TECHNICIAN CONTRACT POSITION COMPENSATION: $20.00 per hour BASIC FUNCTION: Assist with City of Auburn's Auburn Avenue Theater venue operations and theater equipment use by user groups. Under the direction of the Cultural Arts Manager and Theater Operations Specialist, the Theater Technician operates and maintains all theater staging equipment for stage productions and presentations as needed. ESSENTIAL JOB FUNCTIONS: Operate theater's staging equipment for and in conjunction with facility's performance and business users, as well as for City sponsored events as needed. Coordinate needs of facility users and communicate needs with Theater Operations Specialist as directed. Act as facility supervisor when requested. Help troubleshoot technical problems as they arise. This position requires the person in this position to perform a wide variety of skilled tasks in advancing performances and events, and ensuring technical and logistical needs are properly attended to, including: inspecting, testing, and modifying, as required, all equipment prior to performance to ensure compliance with all health and safety codes; consulting with performers, their representatives, and staff on issues related to equipment functions; participating in the rigging and strike of theatrical sound and overall stage setup for a variety of productions and events; assembling or constructing devices to achieve special effects; supervising temporary personnel, students, and/or volunteers as needed; and performing related duties as required. This position will require working variable hours, evenings, and weekends. KNOWLEDGE OF: Principles and practices of technical theater operation. Sound equipment specifications and capabilities. Sound design and operation to include, but not limited to: microphone set-up, signal mixing, playback, recording, sound board operation and effective systems troubleshooting. Knowledge of theatrical lighting, board operation, hanging/focusing of lighting instruments, basic stage craft, theater curtain, masking, leg and border systems, and rigging a plus. Requires excellent customer service and interpersonal skills. ABILITY TO: Operate and help maintain theater's staging systems. Handle and resolve conflicts and problems in a positive, professional manner. Work independently with little direction. Communicate effectively both orally and in writing. Interact positively and effectively with diverse individuals and a wide variety of stage productions and presentations. Ability to perform the essential job functions. EDUCATION & EXPERIENCE: Requires any combination of training, education, and experience equivalent to graduation from high school or GED, Bachelor's Degree in theater management, technical theater, or completion of technical training or apprentice program with 1-3 years journey-level technical theater operations experience. Must have knowledge of the principles of sounds transmission and amplification stage machinery; principles and theory of electricity; use and repair of stage equipment; older and modern stage operations conducted in small public assembly facility used for multipurpose uses. Ability to work from drawings, specifications, and oral requests to achieve Arts Agreement for Provider Services Page 7 of 8 v.Nov2008 CIl Y OF AUBURI~T LVASHWGTON desired modifications; apply the principles and theories of electricity; and work long hours accommodating a work schedule to requirements of load-ins, load-outs, performances, and rehearsals. The duties listed above are intended only as general illustrations of the various types of work that may be performed. Specific statements of duties not included does not exclude them from the position if the work is similar, related, or a logical assignment to the position. Job descriptions are subject to change by the City as the needs of the City and requirements of the job change. Communication: Communicates with the general public, other City employees, vendors, management, contractors, artists, their agents and representatives, and local user groups in order to keep the technical aspects of venue functioning safely. Manual/Physical: Inspects, monitors, and evaluates equipment to determine compliance with prescribed operating, safety, and manufacturer's guidelines. Performs physical inventories, moves material weighing up to 100 pounds for distances of up to 100 feet, using proper equipment and/or a cart or other aid to assist. Cleans work area. Works with cleaning fluids and agents, using protective equipment, to maintain theatrical equipment. Sets up and removes folding tables, chairs, barricades, traffic cones, or similar equipment to accommodate ancillary events. Works in small, cramped areas. Installs, alters, maintains, and repairs wiring and appliances related to powered stage systems. Arts Agreement for Provider Services Page 8 of 8 v.Nov2008