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AGREEMENT FOR ARTISTIC SERVICE " ~~QL
THIS AGREEMENT is made and entered into this i L ~ day of 2009, 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 balloon artist from 11:00am - 4:00pm (with a 15 minute break from 2:00 - 2:15pm) on
Sunday, July 4, 2010. ARTIST will be on-site by 10:45am.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Les Gove Park, 910 Ninth Street, Auburn, WA,
98002 herein referred to as "VENUE"
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Agreement - Clowns Unlimited
December 2009
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4. REQUIREMENTS
The CITY shall provide the following for this performance: 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 four hundred and seventy-five dollars and
xx/100 ($475.00).
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: N/A
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 - 2010
Agreement - Clowns Unlimited
December 2009
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10. PERFORMANCE RAINOUT
None. 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 foilowing 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.
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Agreement - Clowns Unlimited
December 2009
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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
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ARTIST TAX ID#:
DATE: I Ve(
CITY OF AUBURN
DARYL FABER,
PARKS, ARTS & RECREATION DIRECTOR
DATE: _ ~ f / l0 S
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KRISTY PA~HCIARZ,
SPECIAL EVENTS COORDINATOR
DATE:
4`" of July event - 2010
Agreement - Clowns Unlimited
December 2009
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