HomeMy WebLinkAbout25-260 - Contract - Aerin Sizelove - Art DemonstrationCity of Tukwila 25-260
Council Approval N/A
" 6200 Southcenter Boulevard, Tukwila WA 98188
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 Aerin Sizelove, hereinafter
referred to as "the Performer." The City and the Performer 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 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 Art
Demonstration services ("Services") as further defined in Section 2 below, in connection
with the project titled 2025 Tukwila Summer Events Series.
2. Scope of Services. The Performer agrees to perform the Services described and
specified below, including the provision of all necessary 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: Art Demonstration
Address of Performance(s): 12424 42"1 Ave S, Tukwila, WA 98168
Date(s)/Time(s) of Performance(s): August 31st, 2025 10A — 212M
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 in writing by the City.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period
commencing August 31, 2025 and ending August 31, 2025, unless sooner terminated
under the provisions hereinafter specified.
5. Payment. The City shall pay the Performer at a rate of $600.00/performance for a total
sum not to exceed $600.00 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
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Approved as to form: 03/2025
state of Washington for a period of three (3) years after final payments. Copies shall be
made available upon request.
7. 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.
8. 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.
9. Indemnification. The Performer 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
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 Performer, his/her/their agents,
representatives, employees or sub -contractors. The Performer's maintenance of
insurance, its scope of coverage and limits as required herein shall not be construed to
limit the liability of the Performer 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. The Performer 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 Performer's Commercial General Liability insurance policy with
respect to the work performed for the City.
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Approved as to form: 03/2025
2. Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
B. Other Insurance Provision. The Performer'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 Performer's insurance and
shall not contribute with it.
C. Verification of Coverage. The Performer 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 Performer before commencement of the work.
D. Notice of Cancellation. The Performer 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 Performer to maintain the
insurance as required shall constitute a material breach of contract, upon which the
City may, after giving five (5) business days' notice to the Performer 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 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 to the Performer 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, delegate, 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
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Approved as to form: 03/2025
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 27th day of August, 2025.
[signatures to follow on next page]
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Approved as to form: 03/2025
CITY OF TUKWILA
LSigned by:
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Signature
Jefri Peters
Printed Name
Parks & Rec Manager
Title
City of Tukwila Parks & Recreation
12424 - 42nd Avenue South
Tukwila, WA 98168
Phone: 206 768-2822
Fax: 206 765-0524
W9:
Performing Artist Servcies
Approved as to form: 03/2025
PERFORMER/ARTIST
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Signed by:
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Signature
Aerin Sizelove
Printed Name
Aerin Sizelove
Address
7311 Roosevelt Way NE, Seattle WA 98115
City, State, Zip
415-812-2477
Phone Number
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Exhibit A:
• The artist will provide an immersive all -ages art activity. For example, collage work.
• The activity will be designed as a walk-up exercise. Participants can join at will.
• The activity will be for 2 hours during the market hours (10 a.m. to 2 p.m.). The start
and stop times of the 2 -hour session will be agreed upon by the market manager
and the artist.
• The artist will provide art supplies, and the costs will be included in their contract
fee, or art supplies will be purchased before the market date by the market manager.
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Approved as to form: 03/2025