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Home My WebLink AboutNicole Takahashi (aka Viktor Rhee Marche) - Personal Service Agreement about:blanik PERSONAL SERVICES AGREEMENT This agreement is entered into between the City of Yakima—including its elected and appointed officials,officers,employees,agents, and volunteers—a Washington State municipal corporation (the "City"), located at 129 North 2nd Street, Yakima, Washington 98901, and the contractor named immediately below ("Contractor"), Contractor name: giCOI..e t4 k4 k4t•f'ig-i (abet 06 ktc R.ku Harm Contractor address: 51-00 W Aloe hill �I1(d '-2 1- ygitr4,.6e, WA- 1&9�P 1. Scope of Work. On the date(s) of 4/7/, D, 1/,11 J t h) ®o t,• ,t ,Contractor shall lead a guided art walk around Downtown Yakima as part of the"Drag Me Out to the Arts"program (the"Program"), as arranged by the Yakima Arts Commission.Accordingly: A. Contractor is responsible for appearing in appropriate costume and entertaining. educating,and interacting with the participants in the Program. , B. Each tour Program shall be for a duration of approximately two hours and shall include visitation of relevant local art works and displays as shall be directed by the Yakima Arts Commission. • C. Contractor agrees to arrive to begin each tour at the time and location as shall be set by the Arts Commission. D. Contractor agrees to require each Program participant, before and as a condition of their participation in the Program,to sign the"CITY OF YAKIMA RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT"("Waiver").A copy of the Waiver is attached to this agreement. Contractor shall retain all Waivers and mail or hand deliver them no later than the next business day to Randy Bonds,City of Yakima staff representative to the Yakima Arts Commission. 2. Compensation. The City shall pay Contractor the sum of$75.00 per completed tour Program, as full compensation for all services provided pursuant to this agreement. 3. Term of Agreement. The term of this' agreement shall commence upon full execution by all parties and shall terminate upon full performance of Contractor's scope of service, described above, and City's payment of compensation therefore. 4. Independent Contractor. Contractor shall at all times be an independent contractor and not an employee, agent, or representative of the City. Contractor shall not represent or hold him or herself out as an agent or representative of the City. 5. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, and other requirements of any governmental authority (including, but not limited to, such requirements as may be Page 1 of 5 I of 5 innionio 7-11 inn about:blank imposed upon the City and applicable to the Services). Contractor shall furnish such documents as may be required to effect or evidence such compliance. 6. Taxes and Assessments. Contractor shall be solely responsible for and shall pay all taxes, deductions, and assessments that Contractor is required to pay, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury insurance, and other deductions from income which may be required by law or assessed against Contractor as a result of this agreement. In the event the City is assessed a tax or assessment as a result of this agreement, Contractor shall pay the same before it becomes due. 7. Non-Discrimination. During the performance of this agreement, Consultant shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this agreement. 8. No Insurance provided by City. It is understood the City does not maintain liability insurance for Contractor and/or his or her employees. 9. Indemnification and Hold Harmless.The Contractor agrees to defend and indemnify the City, its elected and appointed officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys'fees and disbursements), resulting from acts and/or omissions of the Contractor or his or her agents arising out of the performance of this agreement. Contractor further agrees to hold harmless the City from any and all claims relating to the Contractor's death, disability, bodily or psychological injury arising out of the Contractor's performance under this agreement. 10. Integration. This written document constitutes the entire agreement between the parties. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this agreement shall be binding upon either party unless such change or addition be in writing and executed by both parties. 11. Non-Waiver. The waiver by Contractor or the City of the breach of any provision of this agreement by the other party shall not operate as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 12. Termination. The Consultant or the City may terminate this Agreement, with or without cause, by giving the other party at least ten (10) days advance written notice of termination. Page 2 of 5 2 of 5 10/11/2019. 7:1 1 PM aboutblank 13. Survival. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 14. Notices_ Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties at their addresses as follows: To City: City Manager City of Yakima.City Hall • 129 North 211° Street Yakima, WA 98901 To Contractor: At the address,specified above; or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 16. Venue. The venue for any action to enforce or interpret this Agreement shall lie in a court of competent jurisdiction in Yakima County,Washington, 17. Effective Date. This Agreement shall be effective as of the date signed by the last party to sign. CITY OF YAKIMA CONTRACTOR By: BY� CiyMan ger Date: /03-l I Date: /6/.3/ ATTEST: ejOtzt::." v CITY CONTRACT NOp2017 I So ya C 'a r Tee, City Clerks' `�� K,rc\-\�`� ge 3 of 5 �h� J 3 of 5 10/31/2019, 7:l 1 PM about:blank • CITY OF YAKIMA RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT RELEASE OF LIABILITY AND ASSUMPTION OF ALL RISK: I UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH MY PARTICIPATION IN THE"DRAG ME OUT TO THE ARTS" WALKING TOUR PROGRAM'("PROGRAM"), SUCH AS PHYSICAL AND/OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY, DEATH OR ECONOMIC LOSS. THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHER'S ACTIONS, INACTIONS, OR NEGLIGENCE; THE CONDITION OF THE PROGRAM LOCATIONS OR FACILITIES; WEATHER CONDITIONS; NATURAL DISASTERS; FORCE MAJEURE EVENTS; OR!OTHER EVENTS OR ACTS OUTSIDE THE CONTROL OF THE YAKIMA ARTS COMMISSION, THE PROGRAM GUIDE OR THE CITY OF YAKIMA. BY SIGNING BELOW, I AGREE TO HOLD THE CITY OF YAKIMA AND ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS (COLLECTIVELY "CITY OF YAKIMA"), THE YAKIMA ARTS COMMISSION AND THE PROGRAM GUIDE' HARMLESS FROM ANY AND ALL CLAIMS, LOSSES OR DAMAGES DUE TO PHYSICAL AND/OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY, DEATH OR ECONOMIC LOSS AS A RESULT OF MY PARTICIPATION IN THE PROGRAM. I HAVE CAREFULLY READ AND FULLY UNDERSTAND THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT. I UNDERSTAND THAT THIS IS A LEGALLY BINDING AND ENFORCEABLE CONTRACT AND SIGN IT OF MY OWN FREE WILL. I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS FOUND TO BE VOID OR UNENFORCEABLE, THE REMAINING PORTIONS SHALL REMAIN IN FULL FORCE AND EFFECT. I ACKNOWLEDGE THAT MY PARTICIPATION IN THE PROGRAM IS CONTINGENT ON MY EXECUTING THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT. I AGREE THAT THIS AGREEMENT SHALL BE LEGALLY BINDING UPON ME PERSONALLY, ALL MEMBERS OF MY FAMILY AND ALL MINORS TRAVELING WITH ME, MY• AND THEIR SPOUSES HEIRS, SUCCESSORS, ASSIGNS, AND LEGAL REPRESENTATIVES, IT BEING MY INTENTION FULLY TO ASSUME ALL THE RISKS ASSOCIATED WITH THE PROGRAM AND TO RELEASE THE CITY1 OF YAKIMA, THE YAKIMA ARTS COMMISSION AND THE PROGRAM GUIDE FROM ANY AND ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. I understand that any changes to this Agreement must be in writing. All Program participants are required to sign this form. Please sign it and submit it to the tour guide. Failure to sign this Agreement shall result in exclusion from participation in the Program. / have read, understood, and accept the conditions of the Liability Release Printed Above: Name (Print): Page 4 of 5 . 4 of 5 10/31/2019, 7:11 PM about:blank Signature: Date: Page 5 of 5 5 of 5 10/31/2019, 7:1 1 PM