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HomeMy WebLinkAboutWashington Owners of Flying Disc Dogs Club Am i co..s vAL AGREEMENT FOR TI SERVICE � T V HIS AGREEMENT is made and entered into this day of M,L 2011 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as 'CITY' and Washington Owners of Flying Disc Dogs Club, ATM: Tombi Ericson, 8414 NE 144th PL, Kirkland, WA, 98034, phone: 425-481-5836 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, costumes, 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: at Petpalooza to take place on Saturday, May 19, 2012 from 10:OOam-5:OOpm. Performances to be held at 1.30pm and 3:30pm. ARTIST to arrive at event site between 7:00am- 8:00am for setup. ARTIST provides sound system and other necessary supplies not provided by the CITY ARTIST'S schedule will follow outline below. 10am - 11am: Disc Dog-A-Thon Spot Landing Fun Match 11am 1:30pm - Skyhoundz Local Champ (D/A) 1.30pm - 2:00pm - Full Tilt Performance 2pm - 3:30pm - Disc Dog-A-Thon Bullseye Fun Match 3:30pm - 4pm - Full Tilt Performance 4-5pm -Time Trial Fun Match Agreement—WOOFD2 Petpalooza 2012 Page 1 of 4 J 3 SITE OF PERFORMANCE The ARTIST will conduct its performance at Game Farm Park, 3030 R ST SE in Auburn, 98002 Performances held rain or shine The ARTIST agrees and represents that it has inspected the site prior to the performance and accepts the premises in their present condition The ARTIST further agrees to indemnify, defend and hold the CITY harmless from any and all injury to any person or property arising out of the condition of or use of the site by the ARTIST for its performance 4 TECHNICAL REQUIREMENTS The CITY shall provide the following technical assistance for this performance A 100' x 50 performance area and bleachers for spectators. The CITY will also provide a generator, 1 canopy 1 table, 5 chairs, 2 —20 foot sections of orange fencing, and 8 stakes 5 COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of Five Hundred Dollars and No/100s ($500.00) 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 paid in 1 payment and given to the ARTIST in the form of a check at the conclusion of their performance 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 arising out of the performance and obligations contained in this Agreement on the part of the ARTIST, its agents, representatives and employees Agreement—WOOFD2 Petpaloozi 2012 Page 2 of 4 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 during which the services have not been rendered 10 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 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 registered or certified marl addressed to the respective parties as follows City of Auburn, 910 Ninth Street SE, Auburn, WA 98002, Washington Owners of Flying Disc Dogs Club, ATTN. Tombi Ericson, 8414 NE 144th PL, Kirkland, WA 98034 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 Agreement—WOOFD2 Petpaloozz 2012 Page 3 of 4 ARTIST TOMBI ERICSON WOOFD2 ARTIST TAX ID# ( — DATE _ 1 Z'1 U /zoi! CITY OF AUBURN! DARYL.FABER Parks, Arts & Recreation Director DATE _ f2_/ 'f/(f K STY PACHCIARZ Sp dal Events Coordinator DATE tits Agreement—WOOFD2 Petpalooza 2012 Page 4 of 4