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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 John Castro, dba Castro the Magician, clo Leapfrog Entertainment, P. O. Box 1804,
Snoqualmie, Washington 98065 (Telephone: 425-831-2109), 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 and shall furnish
all supervision, labor, and all other incidentals except as specifically provid'9d 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:
One (1) 45-minute performance on the Kids' Stage from 2:30 p.m. to 3-:15 p.m. on
Monday, July 4, 2005. Artist must be at site and ready to set up no later than
2:00 p.m.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Les Gove Park, 11'h and Auburn Way
South, Auburn, WA.
4. TECHNICAL REQUIREMENTS
Sound equipment available from CITY, consisting of one (1) 24-channel mixer; two
(2) powered floor monitors; two (2) 15" powered speakers; eight (8) microphones;
nine (9) stands; two (2) direct input boxes; one (1) NanoVerb effects unit; guitar
cables, microphone cables and speaker cables; one (1) CD player; and a technician
to operate the sound equipment.
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A,weement - John Castro, Castro the Magician
4 of July
May 2, 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 totai compensation of Six Hundred Fifty and nc>/100s Dollars
($650.00).
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 the performance on Monday, July 4,
2005. Contracts must be signed and returned by close of business on Monday,
May 23, 2005 for payment on July 5.
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materiais to the CITY: ARTIST
promotional packet including at least two black-and-white or color photographs.
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 iiability of any nature 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 durilng which the
services have not been rendered.
10. PERFORMANCE RAINOUT
In the event of inclement weather, the CITY will contact the ARTIST by 9:00 a.m. on
Monday, July 4, 2005 to inform the ARTIST if the performance will be moved
indoors to the Auburn Senior Center. ARTIST must provide a telephone number
where helshe can be reached at 9:00 a.m. on July 4, 2005. This contact number
must be included on the returned signed contract.
Should the performance be cancelled due to inclement weather, the p,erformer will
be compensated 10% of the fee. If the CITY makes every attempt to contact the
ARTIST, and the ARTIST arrives on the site unaware of the cancelled performance,
the ARTIST shall not receive any salary.
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Aweement - John Castro, Castro the Magician
4' of July
May 2, 2005
Page 2 of 4
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11. 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 registtlred or certified
maii addressed to the respective parties as follows:
CITY: Laurie Rose
Cultural Arts Program Coordinator
City of Auburn
910 Ninth Street SE
Auburn, WA 98002
ARTIST John Castro
Castro the Magician
clo Leapfrog Entertainment
P. O. Box 1804
Snoqualmie, WA 98065
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 defauit.
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 reasonabie 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 iaws, ruies and reguiations.
ARTIST TAX ID#:
DATE: s-io/~o~
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Contact Telephon: <?rY') ? pD 5/'7& )( /
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Aweement - John Castro, Castro the Magician
4' of July
May 2, 2005
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CITY OF AUBU
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AYOR
MAY - 6 2005
DATE:
APPROVED AS TO FORM:
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AJireement- John Castro, Castro the Magician
4 of July
May 2, 2005
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