HomeMy WebLinkAbout26-085 - Contract - Erica Walker - Performer: 2026 State of the City Event26-085
Council Approval N/A
AGREEMENT FOR PERFORMING ARTIST'S SERVICES
THIS AGREEMENT is entered into by and between the City of Tukwila, Washington, a
non -charter optional code city hereinafter referred to as "the City," and Erica Walker, hereinafter
referred to as "the Performer/Director." The City and the Performer/Director are individually a
"party" and collectively the "parties."
WHEREAS, the City has determined the need to have certain services performed for its
residents but does not have the resources or expertise to perform such services; and
WHEREAS, the City desires to have the Performer/Director perform such services
pursuant to certain terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the
parties hereto agree as follows:
Performance Designation. The Performer/Director is retained by the City to perform at
the Tukwila State of the City Address on April 29, 2026, at the Foster High School
Performing Arts Center.
2. Duration of Agreement. This Agreement shall be in full force and effect through April 30,
2026.
3. Payment. The City shall pay the Performer/Director at a rate of $5,000.00 for the full
performance and Services required under this Agreement. Payment will be made as
follows: 50% upon execution of the contract and 50% processed within one week after the
performance.
4. Ownership and Use of Performance. All performances, artistic works, or products
produced by the Performer/Director in connection with the services rendered under this
Agreement shall be the property of the City whether the performance for which they are
made is executed or not. The Performer/Director shall be permitted to retain copies,
including reproducible copies, of performances, artistic works for information, reference
and use in connection with the Performer/Director's endeavors. The Performer/Director
shall not be responsible for any use of the said performances, artistic works, products, or
other materials by the City on any performance other than the performance specified in
this Agreement.
5. Compliance with Laws. The Performer/Director shall, in performing the services
contemplated by this Agreement, faithfully observe and comply with all federal, state, and
local laws, ordinances and regulations, applicable to the services to be rendered under
this Agreement.
6. Indemnification. The Performer/Director shall defend, indemnify, and hold the City, its
officers, agents, officials, employees and volunteers harmless from and against any and
all claims, injuries, damages, losses or suits (including attorney fees), arising out of or in
connection with the performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
Performer/Director Artist Services — Walker Page 1 of 2
or damages to property caused by or resulting from the concurrent negligence of the
Performer/Director and the City, its officers, officials, employees, and volunteers, the
Performer/Director's liability hereunder shall be only to the extent of the
Performer/Director's negligence. It is further specifically and expressly understood that
the indemnification provided herein constitutes the Performer/Director'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 shall survive the expiration or termination of this Agreement.
7. Insurance. Waived.
8. Independent Contractor. The Performer/Director and the City agree that the
Performer/Director is an independent contractor with respect to the services provided
pursuant to this Agreement. Nothing in this Agreement shall be considered to create the
relationship of employer and employee between the parties hereto. Neither the
Performer/Director nor any employee of the Performer/Director shall be entitled to any
benefits accorded City employees by virtue of the services provided under this Agreement.
The City shall not be responsible for withholding or otherwise deducting federal income
tax or social security or for contributing to the state industrial insurance program, otherwise
assuming the duties of an employer with respect to the Performer/Director, or any
employee of the Performer/Director.
DATED this 2nd day of April, 2026.
CITY OF TUKWILA
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Signed by:
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Marty Wine, City Administrator
PERFORM ER/DI RECTOR/ARTIST
Signed by:
Erica Walker
Address: 34209 11 th Ave. SW
Federal Way, WA 98023
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