HomeMy WebLinkAboutTheresa Chiddick/Island Jamz
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ORIGIN~L
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this
day of May, 2005 by and between the
City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as
"CITY" and, Theresa Chiddick, dba Island Jamz, 4008 66th Street Northwest, Gig Harbor., Washington
98335, 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 CITY 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:
1. 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 alnd 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:
Provide musical entertainment for KidsDay at Game Farm Park f"l)m 1:00 p.m.
to 4:00 p.m. on Friday, June 24, 2005. Artist must be at sight by 12:00 noon
and ready to perform by 12:45 a.m. Musical performance will ta~:e place on
the following schedule: Play from 1:00 p.m. to 2:00 p.m., break from 2:00 -
2:15 p.m.; play from 2:15 - 3:00 p.m., with break from 3:00 - 3:15 p.m.; and
play from 3:15 - 4:00 p.m.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Len Chapman Amphitheatre at Game
Farm Park, 3030 R Street SE, Auburn.
4. TECHNICAL REOUIREMENTS
The CITY shall provide the following technical assistance for this performance: Sound
equipment consisting of one (1) 8-channel mixer, two (2) monitolrs, two (2)
speakers, eight (8) microphones, five (5) stands, one (1) cassette player, and a
technician to run the sound equipment.
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Agreement - Island Jamz
May 19, 2005
Page 1 of 4
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5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic performance,
the ARTIST shall receive total compensation of Nine Hundred and NO/l00 Dollars
($900.00).
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. Payment shall be
provided to the ARTIST upon completion of performance on Friday, June 24,
2005. Contracts must be signed and returned by end of business on June 6,
2005 for payment on June 24th.
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY: NJ~.
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 salary for the time during which the
services have not been rendered.
10. PERFORMANCE RAINOUT
N/A.
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 m¡¡y at its option
terminate the Agreement. Such remedies shall be in addition to any other right or
remedy each may have.
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Agreement - Island Jamz
May 19, 2005
Page 2 of 4
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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
Nicole Karwhite
Auburn Parks and Recreation
910 Ninth Street SE
Auburn, WA 98002
ARTIST
Theresa Chiddick
dba Island Jamz
4008 66'" ST NW
Gig Harbor, WA 98335
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.
13. 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.
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 Agl'eement.
E. In the performance of the work herein, the ARTIST agrees to comply with all
applicable State and local laws, rules and regulations.
ARTIST
ARTIST TAX ID#:
DATE: D t-, P () to I 0 ~,
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Agreement - Island Jamz
May 19, 2005
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CITY OF AUBURN
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PETER B. LEWIS
DATE:
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APPROVED AS TO FORM:
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Agreement - Island Jarnz
May 19, 2005
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