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HomeMy WebLinkAboutClowns Unlimiteds AGREEMENT FOR ARTISTIC SERVICE OkGli4Z AGREEMENT is made and entered into this 11 day of Ah 2008, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Clowns Unlimited, whose address PO Box 6177, Kent, WA 98064, phone 253-893-7514, herein referred to as "ARTIST". WHEREAS, the CITY desires to contract with the ARTIST to provide an artistic performance for the public in Auburn, Washington; and WHEREAS, the ARTIST has agreed to perform the work in compliance with the terms and conditions of this Agreement; NOW THEREFORE, the CITY and ARTIST in consideration of the conditions and covenants herein do agree as follows: RETENTION OF ARTIST The CITY does hereby retain the ARTIST to perform the work and services described herein. The parties agree that the ARTIST is an independent contractor and shall furnish all supervision, labor, and all other incidentals except as specifically provided herein and the ARTIST agrees to conduct and complete the performance in a competent and professional manner in accordance with the terms of this Agreement. 2. SCOPE OF WORK The ARTIST agrees to provide the following specific services in its artistic performance: a. A roving Clown from 11:00am - 1:00pm on Friday, July 4, 2008. ARTIST will be on- site by 10:45am. b. A balloon artist from 11:00am - 4:00pm (with a 15 minute break from 1:30-1:45pm) on Friday, July 4, 2008. ARTIST will be on-site by 10:45am. c. Magic Joe Black stage performance from 2:30pm - 3:15pm on Friday, July 4, 2008. ARTIST will be on-site by 2:10pm. See attached Service Agreement provided by Clowns Unlimited. SITE OF PERFORMANCE The ARTIST will conduct its performance at Les Gove Park, 910 Ninth Street, Auburn, WA, 98002 herein referred to as "VENUE" 4t" of July event - 2008 Agreement - Clowns Unlimited January 11, 2008 Page 1 of 4 4. REQUIREMENTS The CITY shall provide the following for this performance: For the stage performance, the CITY will provide a sound system. The CITY will provide a chair and shaded area for the balloon artist. CITY requires that balloon ARTIST make balloons for guests with wristbands only. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of one thousand and twenty-five dollars ($1,025.00). 6. PAYMENT The ARTIST shall be paid by the CITY for the completed work and performance in compliance with the terms of this Agreement. Such payment shall be full compensation for all work performed and services rendered under the terms of this Agreement. The payment to the ARTIST shall be in compliance with the regulations of the CITY Finance Department. The ARTIST agrees to be responsible for payment of any and all taxes, which may be due as a result of performance under this contract. ARTIST is required to invoice the CITY for said services. The agreed fee will be paid in 1 payment on the normal schedule of payments used by the City Financial Department. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: NIA 8. INDEMNIFICATION The ARTIST agrees to indemnify, defend and hold the CITY, its agents, representatives and employees harmless from and against any and all claims, causes of action or demands or any form of liability of any nature including, but not limited to any copyright infringements for musical performances, arising out of the performance and obligations contained in this Agreement on the part of the ARTIST, its agents, representatives and employees except where such claims arise solely from the negligent acts of the CITY, its agents, representatives or employees. 9. INABILITY TO PERFORM If ARTIST is incapacitated from rendering services through sickness or otherwise, or if ARTIST cannot perform because of fire, accident, act of God or impossibility of performance, the ARTIST shall not receive any compensation for the time during which the services have not been rendered. Every effort shall be made between ARTIST and CITY to find a replacement artist and/or performer for said services. 4th of July event - 2008 Agreement - Clowns Unlimited January 11 2008 Page 2 of 4 10. PERFORMANCE RAINOUT The event will run rain or shine. 11. TERMINATION In the event the ARTIST or the CITY defaults or fails to comply with any of the requirements of this Agreement, or any obligations hereunder, the CITY may at its option terminate the Agreement. Such remedies shall be in addition to any other right or remedy each may have. 12. NOTICES Any notice required or permitted under this Agreement may be personally served, or given in writing, and shall be deemed sufficiently given or served if sent by registered or certified mail addressed to the respective parties as follows: CITY Kristy Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Cheryl Serio Clowns Unlimited PO Box 6177 Kent, WA 98064 Either party may at any time designate a different address to which notices shall be sent. Notice given in accordance with these provisions shall be deemed received when mailed. 12. GENERAL PROVISIONS The following provisions may apply: A. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or any subsequent breach or default. B. This Agreement may not be changed or modified nor any provision hereof waived except in writing agreed to by both parties. C. This Agreement shall be construed in accordance with and all questions with respect hereto shall be determined by the laws of the State of Washington. 4th of July event - 2008 Agreement - Clowns Unlimited January 11, 2008 Page 3 of 4 D. The ARTIST agrees to pay all reasonable costs, attorney's fees and expenses that may be incurred by the CITY in enforcing the provisions of this Agreement. E. In the performance of the work herein, the ARTIST agrees to comply with all applicable State and local laws, rules and regulations. ARTIST V1-?e?}???-?w?c?y- C(w??s ARTIST TAX ID,: ?? I?? DATE: c?' t5 jcLkA U 8 CITY OF AUBURN DARYL FABER, PARKS, ARTS & RECREATION DIRECTOR DATE: X 1 I ?I ? ksa AP OVED AS TO FORM: el B. Heid ity Attorney 4th of July event - 2008 Agreement - Clowns Unlimited January 11 2008 Page 4 of 4