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AGREEMENT FOR PROFESSIONAL SERVICE
THIS AGREEMENT is made and entered into this 7 day of 2010
by and between the City of Auburn, Washington, a Municipal Corporation of the State of
Washington herein referred to as "CITY" and Ben Smith whose address is, 8036 41S'
Ave NE, Seattle 98115, herein referred to as "ARTIST"
WHEREAS, the CITY is coordinating ArtRageous: Artist in Action Art Fair
with ARTIST to provide a musical performance 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 di the conditions and
covenants herein do agree as follows:
RETENTION OF VENDOR
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 ec~c services: Klezterbalm
performance on Saturday, August 7,~n-~1 pm and 1:30 - 3 pm as part of
ArtRageous: Artist in Action Art Fair ,j; ~y
~
3. SITE OF PERFORMANCE
The ARTIST will conduct its service at the following location, herein referred to as
"VENUE".
Les Gove Park, 910 Ninth Street SE, Auburn WA 98002
4. REQUIREMENT~
A. The CITY shall provide the foflowing:
• Volunteers and staff assistance if requested
ArtRageous: Artist in Action
Artist Agreement - Klezterbalm
• Marketing materials
• Medium PA and (2) microphones and stands (techical details
to be provided)
• 8' x 16' covered stage
B. The ARTIST shall provide the following:
• Arrive with adequate time to set-up
• All materials, art making supplies, and specialty equipment
5. COMPENSATION
In consideration of the services to the CITY in connection with the ARTIST
services, the ARTIST shall receive total compensation of -~pafgv
service fee, inclusive of travel.
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
campensation for all work performed and services rendered under the terms of
this Agreement. The payment to the ARTIST shall be in compiiance 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.
7. INDEMNIFICATION
The ARTIST agrees to indemnify, defend and hald 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.
8. INABILITY TO PERFORM
tf 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.
9. 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 rriay at
ArtRageous: Artist in Action
Artist Agreement - Klezterbalm
its option terminate the Agreement. Such remedies shall be in addition to any
other right or remedy each may have.
10. NOTICES
Any notice requEred or permitted under this Agreement may be persona{ly
served, or given in writing, and shall be deemed sufficiently given or served if
sent by registered or certified mail addressed to the respibctive parties as follows:
CITY Maija McKnight, Arts Coordinator
City of Auburn
910 Ninth Street SE
Aubum, WA 98002
ARTIST Ben Smith ,
8036 41St Avenue NE
' Seattle, WA 98115
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 e'rther 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 ART{ST agrees to pay all reasonable costs, attorney's fees and
expenses that may be incurred by the C171' 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.
ArtRageous: Artist in Acfion
A+tist Agreement - Klezterbalm
ARTIST
Ben Smith
206-524-7219
thebensonsmith@yahoo.com
TAX I D#: ~ ~
DATE: ~ 2-010
CITY OF AUBURN ~ -
DP~jRY~ FABER
~ PA'RKS, ARTS & RECREATION DIRECTOF
DATE:
CITY OF AUBURN
MAIJA M IGHT
ARTS COORDINATOR
DATE: ~ 2-0 t~
ArtRageous: Artist in Action
Artist Agreement - Kiezterbalm