HomeMy WebLinkAbout25-285 - Contract - Deborah Dimitre - Performer: Storytelling25-285
Council Approval N/A
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 Deborah Dimitre, 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:
1. Performance Designation. The Performer is retained by the City to perform Storytelling services
("Services" as further defined in Section 2 below, in connection with the project titled
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 STORYTELLING
Address of Performance(s) TUKWILA COMMUNITY CENTER
Date(s)/Time(s) of Performance(s) OCTOBER 23, 2025
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
OCTOBER 232025 , and ending OCTOBER 23,2025 , unless sooner terminated under the provisions
hereinafter specified.
5. Payment. The City shall pay the Performer at a rate of $300.00 for a total sum not to exceed $300.00_ 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 state of Washington for a period of
three (3) years after final payments. Copies shall be made available upon request.
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
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retain onpieo, including reproducible oopies, of perfomnanoes, 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 inthis Agreement.
B. Compliance with Laws. The Performer shall, inperforming the services contemplated bvthis Agreement,
faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable
tothe services toberendered under this Agreement.
9. Indemnification. The Performer shall defend. indemnify and hold the Ciiy, its officers, agents, ofDoia|o,
employees and volunteers harmless from any and all n|aimo, injuries, damages. losses orsuits including
attorney fees, arising out of or in comnection 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 RCVV 4.24.115. then, in the event of liability for damages arising mut of
bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of
the Performer and the Qh/, its officmrs, offioie|n, 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 ofimmunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been
mutually negotiated bythe parties. The provisions ofthis section shall survive the expiration ortermination
ofthis Agreement.
10. hlsmnanom. At the City's discretion, the Performer may be required to procure and maintain for the duration
of the Agreoment, insurance against dainne for injuries to persons or damage to property which may mdme
from or in connection with the performance of the Services provided pursuant to this Agreement by the
|nstruobzr, his/her agonts, repnasentativea, employees or sub -contractors. Instructor's ma:intomance of
|nsurance, 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. K0imhnumn Scope of Insurance. Instructor shall obtain insurance of the types and with the limits
described below:
Y. Commercial General Liability insurancevvith limits no less than $1.8OO.00Oeach occurrence,
$2.000.000 general aggregate and $2,080.000 ppmduutm'oomp|eted operations aggregate
limit. The City abe|l be named as an insured under the Contractor's Commercial General
Liability insurance policy with respect tothe work performed for the City.
2,Workers' coverage asrequired bythe Industrial Insurance laws ufthe 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 acopy of the
amendatory emdoreementn, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Instructor before commencement of the
work.
D. Notice ofCancellation. The Instructor shall provide the City and all Additional Insureds for this work
with written notice ofany policy cancellation, within two business days mftheir receipt ofsuch 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 orrenew such insurance and pay any and all premiums in connection
therewith, with any sums soexpended toberepaid tothe City Vndemand. oratthe sole discretion of
the Cby, offset against funds due the Instructor from the City.
11. Independent Contnaotor. 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 nfthe 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.
orany employee ofthe Performer.
12, Discrimination Prohibited. The Performer, with regard to the work pmdhnned under this Agreement, will
not discriminate onthe grounds mfrace, color, national origin, religion, oraed, age, sex orthe 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 muvanad by this Agreement
without the express written consent ofthe 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 awaiver ofany other provision.
15. Termination. The City reserves the right to terminate this Agreement at any time by giving thirty (30) days
written notice tothe 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.
18. Applicable Law; Venue; Attorneys Fees. This Agreement shall be governed by and construed in
accordance with the laws ofthe State ofWashington. |nthe event any suit, arbitration, orother proceeding
is instituted to enforce any term of the Agreement, the parties specifically understand and agree that venue
shall be properly laid inKing County, Washington. The prevailing party insuch action shall beentitled to its
attorney's fees and costs ofsuit.
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 nagotiationo,
represenbationu, or agreements written or oral. No amendment or modification of this Agreement nho|| be
of any force mreffect unless itisimwriting and signed bythe 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 Auneement, which by their
sense and context are reasonably intended to survive the uurnp|etion, expiration or cancellation of this
Agreement, shall survive termination nfthis Agreement.
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20. The Performer shall complete a W-9 form and such form shall be attached to this Agreement.
DATED this day of
PERFORMER:
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City of Tukwila Parks and Recreation Department
12424 — 42,,d Avenue South
Tukwila, WA 98168
(206) 768-2822
FAX (206) 768-0524
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