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HomeMy WebLinkAboutCC Clowning Balloon Duo A3.11.,;. :S ORIGilNAL AGREEMENT FOR ARTISTIC SERVICE b-- THIS AGREEMENT is made and entered into this dR day of Apriljr 2006 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Randy Cornwell, dba CC Clowning Balloon Duo, c/o Pacific Rim Talent, P. O. Box 250, Bothell, Washington 98041 (Telephone: 425-489-7900), 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,.rcrovided herein and the ARTIST agrees to conduct and complete the pe ormance 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 two-hour roving performance for Auburn's KidsDay celebration on Friday, June 23, 2006, from 1:3,0 p.m. to 3:30 p.m. ARTIST must be on site by 1:00 p.m. for set-,up and sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Game Farm Par~c, Len Chapman Amphitheater, 3030 R Street SE, Auburn, Washington. -...-----...-----......----......----------..----------- Agreement - Clowning Balloon Duo April 18, 2006 Page 1 of 4 KidsDay - -. ._.~._~.._-- 4. TECHNICAL REQUIREMENTS The CITY shall provide the following technical assistance for this performance: N/A 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of'rhree Hundred Fifty and NO/l00 Dollars ($350.00). 6. PAYMENT The ARTIST shall be paid by the CITY for the completed work and performance in compliance with the terms of this A~reement. Such payment shall be full compensation for all work pe ormed 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, company manager or his/her designee by check u~on completion of performance on Friday, June 23,2006. ontracts mustt be signed and returned by June 5, 2006, for payment on June 23" 2006. 7. PROMOTIONAL RESPONSIBILmES 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 anJ salary for the time during which the services have not been rendere . ----------------------------...-------------- Agreement - Clowning Balloon Duo April 18,2006 Page 2 of 4 KidsDay ._. -'-----"- , 10. PERFORMANCE RAINOUT In the event of rain, the CITY will locate the ARTIST under' cover of tent, picnic shelter or Len Chapman Amphitheater sOUll1d shell. 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 remeclies 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 Laurie Rose City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Randy Cornwell dba CC Clowning Balloon Duo c/o Pacific Rim Talent P. O. Box 250 Bothell, WA 98041 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 A~reement may not be changed or modified nor any provision. hereo waived except in writing agreed to by both parties. C. This Agreement shall be construed in accordance with Clnd all ~estions with respect hereto shall be determined by the laws of teState of Washington. D. The ARTIST agrees to pay all reasonable costs, attorney's fees and expenses that may be incurred by the CITY in enforcin9 the provisions of this Agreement. ------------------------..------------------ Agreement - Clowning Balloon Duo April 18, 2006 Page 3 of 4 KidsDay --"-""'''.'-'' ,,-_._-- E. In the performance of the work herein, the ARTIST agrees to comply with all applicable State and local laws, rules and regulations. ARTIST g~w~~~ CC CLOWING BALLOON DUO ARTIST TAX #: DATE: ___1/ /13/ 0 ~ / Contact Phone: ~- ~)fb- 8t>yr; ';>'53- q Cot - G:, f 7 S Ce it it DATE: ATTEST: ~..~ Dani Daskam City Clerk ------------------------------------------- Agreement - Clowning Balloon Duo April 18, 2006 Page 4 of 4 KidsDay ,.. . ...-...--......--..---...---..-.------- ----.