HomeMy WebLinkAbout25-114 - Contract - Benni James - Performer: Movies & Concerts in the Park25-114
Council Approval N/A
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AGREEMENT FOR PERFORMING ARTIST'S
SERVICES
41908
THIS AGREEMENT is entered into by and between the City of Tukwila, Washington, a noncharter optional
code city hereinafter referred to as "the City," and Benni James (DBA The SH80s), hereinafter referred to as "the
Performer."
WHEREAS, the City has determined the need to have certain services performed for its citizens but does
not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Performer 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 is retained by the City to perform musical performance
services ("Services" as further defined in Section 2 below, in connection with the project titled Tukwila
Movies & Concerts in the Park.
2. Scope of Services. The Consultant agrees to perform the services described and specified below,
including the provision of all labor, materials, equipment and supplies. Unforeseen circumstances (i.e.,
weather) may result in the need to modify the location and/or time of performance. Any such changes must
be agreed to by the City in writing.
Type of Performance
Music Act
Address of Performance (Tukwila Community Center) 12424 42nd Ave S, Tukwila, WA 98168
Date(s)/Time(s) of Performance(s) August 22nd, 2025 (7:00 — 8:30PM)
3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the
City to the Performer to proceed. The Performer shall perform all services and provide all work product
required pursuant to this Agreement at the agreed upon date(s) and time(s), unless alternate arrangements
are granted by the City.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing August
22, 2025, and ending August 22, 2025, unless sooner terminated under the provisions hereinafter
specified.
5. Payment. The City shall pay the Performer at a rate of $1,200 per performance for a total sum not to
exceed $1,200 for the full performance and services required under this Agreement. If this Agreement is
terminated prior to completion, the City shall pay only for the portion of such services and performance
actually completed by the Performer.
6. Record Keeping and Reporting. The Performer's records and accounts pertaining to this Agreement are
to be kept available for inspection by representatives of the City and the state of Washington for a period of
three (3) years after final payments. Copies shall be made available upon request.
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Ownership and Use of Performance. All performances, artistic works, or products produced by the
Performer 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 shall be permitted to
retain copies, including reproducible copies, of performances, artistic works for information, reference and
use in connection with the Performer's endeavors. The Performer 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.
Compliance with Laws. The Performer 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.
Indemnification. The Performer shall defend, indemnify and hold the City, its officers, agents, officials,
employees and volunteers harmless from 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 or damages to property caused by or resulting from the concurrent negligence of
the Performer and the City, its officers, officials, employees, and volunteers, the Performer's liability
hereunder shall be only to the extent of the Performer's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Performer'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.
10. Insurance. At the City's discretion, the Performer may be required to procure and maintain for the duration
of the Agreement, insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the Services provided pursuant to this Agreement by the
Instructor, his/her agents, representatives, employees or sub -contractors. Instructor's maintenance of
insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of
the Instructor to the coverage provided by such insurance, or otherwise limit the City's recourse to any
remedy available at law or in equity.
A. Minimum Scope of Insurance. Instructor shall obtain insurance of the types and with the limits
described below:
1. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence,
$2,000,000 general aggregate and $2,000,000 products -completed operations aggregate
limit. The City shall be named as an insured under the Contractor's Commercial General
Liability insurance policy with respect to the work performed for the City.
2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
B. Other Insurance Provision. The Instructor's Commercial General Liability insurance policies are to
contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any
insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the
Contractor's insurance and shall not contribute with it.
C. Verification of Coverage. Instructor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Instructor before commencement of the
work.
D. Notice of Cancellation. The Instructor shall provide the City and all Additional Insureds for this work
with written notice of any policy cancellation, within two business days of their receipt of such notice.
E. Failure to Maintain Insurance. Failure on the part of the Instructor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five
business days' notice to the Instructor to correct the breach, immediately terminate the contract or, at
its discretion, procure or renew such insurance and pay any and all premiums in connection
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therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of
the City, offset against funds due the Instructor from the City.
11. Independent Contractor. The Performer and the City agree that the Performer 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 nor any employee of the Performer 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,
or any employee of the Performer.
12. Discrimination Prohibited. The Performer, with regard to the work performed under this Agreement, will
not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of
any physical or sensory handicap in the selection and retention of employees or procurement of materials
or supplies.
13. Assignment. The Performer shall not sublet or assign any of the services covered by this Agreement
without the express written consent of the City.
14. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in
this Agreement shall not constitute a waiver of any other provision.
15. Termination. The City reserves the right to terminate this Agreement at any time by giving thirty (30) days
written notice to the Performer at the address listed on this Agreement. The Performer may terminate this
Agreement by giving notice at least thirty (30) days prior to the date for commencement of services as
described in this Agreement. Written notice shall be provided to the City at the address listed in this
Agreement.
16. Applicable Law; Venue; Attorneys Fees. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding
is instituted to enforce any term of the Agreement, the parties specifically understand and agree that venue
shall be properly laid in King County, Washington. The prevailing party in such action shall be entitled to its
attorney's fees and costs of suit.
17. Notices. Any and all notices shall be given to the parties at the address listed below on this Agreement.
18. Integrated Agreement. This Agreement, together with any attachments or addenda, represents the entire
and integrated Agreement between the City and the Performer and supersedes all prior negotiations,
representations, or agreements written or oral. No amendment or modification of this Agreement shall be
of any force or effect unless it is in writing and signed by the parties.
19. Severability and Survival. If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof
and all other provisions shall remain fully 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.
20. The Performer shall complete a W-9 form and such form shall be attached to this Agreement.
DATED this 25th day of March, 2025.
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PERFORMER: Signed by:
Ij, M( -s
(signature)
Benni James
(name)
PO BOX 952
(address)
MONROE
(city, state, zip)
WA 98272
()
(phone number)
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CITY OF TUKWILA' DocuSigned by:
(signature)
Michael May
(name)
Program Manager
(title)
City of Tukwila Parks and Recreation Department
12424 - 42nd Avenue South
Tukwila, WA 98168
(206) 768-2822
FAX (206) 768-0524
M
Item #
Description 30 characters
GL Key
GL Object
JL Key
JL Object
Amount $
1
8.22.25 Concert in the Park
Performance
PR007210
541015
32100704
0000000
$1,200
2
3
4
5
6
7
8
9
10
Total:
$1,200
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