HomeMy WebLinkAboutUrban ArtworksAGREEMENT FOR PROFESSIONAL SERVICE
THIS AGREEMENT is made and entered into this V1 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 Urban Artworks whose address is, 923
S Bayview Street, Suite C, Seattle WA 98134, herein referred to as "ARTIST"
WHEREAS, the CITY is constructing a new Activity Center in Les Gove park with
ARTIST to provide Mural Artwork Panels for placement on the construction
fencing 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 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 specific services: Coordinate,
design, paint, and lead King County VEST youth for the creation of (20 -
30) mural panels. ,
3. SITE OF PERFORMANCE
The ARTIST will conduct its service at the following location, herein referred to as
"VENUE".
Location To Be Determined
4. REQUIREMENTS
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A. The CITY shall provide the following:
• Volunteers and staff coorclination and logistical assistance
• Indoor location suitable for painting, July 7- August 27,
2010, 12 to 4 Mon-Friday
• Installation to fencing
B. The ARTIST shall provide the following:
• Design sketches to be reviewed by city staff
• All materials, painting supplies, and specialty equipment
• Protective varnish sealant following the event
5. COMPENSATION
In consideration of the services to the CITY in connection with the ARTIST
services, the ARTIST shall receive total compensation of a total of five
thousand dollars and no/100 ($5000) 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
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.
A. A payment of Four thousand dollars and no/100 ($4000.00) will be
mailed to the ARTIST upon signature of this contract.
B. A payment of One thousand dollars and no/100 ($1000.00) will be
delivered to the ARTIST or his/her designee immediately following
completion of all services.
7. iIVDEMNIFICATION
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
ARTtST, 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
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
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the time during which the services have not been rendered.
9. TERMINATION
e
In the event the ARTIST oF 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 terminateithe Agreement. Such remedies shall be in addition to any
other right or remedy each, rriay Mave.
10. 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 Maija McKnight, Arts Coordinator
City of Auburn
910 Ninth Street SE
Auburn, WA 98002
ARTIST Urban Artworks
Kathleen Warren
923 S Bayview Street, Suite C
Seattle, WA 98132
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.
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.
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ARTIST
a en arren, Urban Artworks
TAX ID#:
DATE: 37• [S'7iOL6
CITY OF AUBURN
Q a44~t \_hm~
,
DARYL FABER
PARKS, ARTS & RECREATION DIRECTOR
DATE: 6l'11,- /l0
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