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HomeMy WebLinkAbout26-124 - Contract - Sean Lewis - Audio Support & DJ Services: The People's Project & 2026 Juneteenth Celebration(D City of Tukwila Contract Number: 26-124 6200 Southcenter Boulevard, Tukwila WA 9818,8 Council Approval N/A PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant 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 rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in 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 or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant'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. 8. Independent Contractor. The Consultant and the City agree that the Consultant 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 Consultant nor any employee of the Consultant 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 Consultant, or any employee of the Consultant. 9. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 10. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 11. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. CA revised May 2020 Page 2 y r " '.. w AY " � N ! "- . N ''... aIY • a� • I YN • w • IM ,v : r 15. §9verability ang §urvival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect„ such event shell not effect any other provisions hereof and all other provisions shall remain fuller enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila III rs Tukwila, WA 'N "w� • 98188 .3319 K St Tacoma, WA 9841 i . Entire M y ± d it Agreement, attachments, or .Ma..nd representsw integrated Agreement between the City and the Consultantand amendmentsupersedes all prior negotiations, representations, or agreements written or oral. No or wM of Agreement shall be of or writing and signed by the! CA revised May 2020 Page 11,T1,111:47911T,:: AM- W*Td H c 7kK- �121 SOW &7=26 956,, Pm Po PPR 2, AS TV—", li LEGAL3MT& APPROVAL ON FILE. 51712026 14-04 PM P'D T L-mr2ftzuwAmw 0-= CA revised «Y2020 Page 4 Exhibit A City of Tukwila Friday, May 15, 3-5pm Sullivan Center in Tukwila Village Friday, June 19, 11am-1:30pmSullivan Center in Tukwila Village Sean Lewis will arrive in advance with audio equipment at an agreed upon time for setup and will provide audio tech support and musical entertainment for the duration of each program. Exhibit B Two payments will be made by invoice - $500 for the May 15 event and $2,500 for the June 19 event. Payment by check on the day of the event and upon service completion is preferred. If the City is unable to issue a check prior to the day of the event, it will be mailed to the address provided in the contract. CA revised May 2020 Page 5