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HomeMy WebLinkAboutDon Riggs Reptile IsleAL AGREEMENT FOR ARTIISTIC SERVICE THIS AGREEMENT is made and entered into this day of / " 1 1 li 2012 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Don Riggs /Reptile Isle c/o Pacific Rim Talent, PO BOX 250, Bothell, WA, 98041, 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: One 30. minute performance at Petpalooza to take place on Saturday, May 19, 2012: Performance is to be held from 3:15pm to 3:45pm and ARTIST is to arrive at the site no later than 2:45 p.m. Performance is ,followed by.a 30 minute roving show. See attached agreement from Pacific Rim Talent for additional information. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Game Farm Park, 3030 R ST SE in Auburn, 980.02 on an outdoor, covered amphitheater stage. Performance is held rain or shine. Agreement - Reptile Isle — Petpalooza 2012 • Page 1 of 4 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: Space beside the stage for set-up,-two 6 -foot tables and:two.pieces of white fencing. The City will provide a sound system (no wireless epic) and a sound tech. 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 Dollars and No /1 0Os ($400.00). 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 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 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 Agreement - Reptile Isle — Petpalooza 2012 Page 2 of 4 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 mail addressed to the respective parties as follows: City,of Auburn, 910 Ninth Street SE, Auburn, WA 9800.2; Dog Riggs c/o Pacific Rim Talent, PO 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. 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 w ith 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- Reptile Isle — Petpalooza 2012 Page 3 of 4 ARTSs DON RIGGS Reptile Isle ARTIST TAX ID #: 524 -37 -4954 DATE: CITY OF AUBURN DATE: DARYL FABER Parks, Arts & Recreation Director 3/ 5111- DATE: Agreement - Reptile Isle — Petpalooza 2012 Page 4 of 4, KRI PACHCIARZ Special Events Coordinator f 1) Agreement made on: February 21, 2012 Between: Artist Representative: Representing: Don Riggs And Purchaser: Reptile Isle 2) Date(s) of Engagement: Kristy Pachciarz Representing: Auburn Parks & Recreation Saturday May 19, 2012 1 *IittiF_Z *'7I ii11;9111241Tii1 MIl E,41 TI.rigqiiTslii iMc]2F1rt9QCIL'l ZilVII V= ill 1a.7 II• YrrAtUl f.h4rc- i.II aj1‘l1 /2pulunt:11ROWIot 3) Location of Engagement Game Farm Park . Independent PaCIf IC Rim PO Box 250 Phone: (425) 489 -7900 Contractor Talent Bothell, WA 98041 Fax: (425) 482 -9509 Engagement 1) Agreement made on: February 21, 2012 Between: Artist Representative: Representing: Don Riggs And Purchaser: Reptile Isle 2) Date(s) of Engagement: Kristy Pachciarz Representing: Auburn Parks & Recreation Saturday May 19, 2012 1 *IittiF_Z *'7I ii11;9111241Tii1 MIl E,41 TI.rigqiiTslii iMc]2F1rt9QCIL'l ZilVII V= ill 1a.7 II• YrrAtUl f.h4rc- i.II aj1‘l1 /2pulunt:11ROWIot 3) Location of Engagement Game Farm Park . Venue Phone Emergency Phone - Contact Person 3030 R Street SE Auburn, WA 98002 4) Job Description: Petpalooza Day a. Artist shall use their best effort to conform to rules and policies of the establishment fulfilling all entertainment requirements. 5) Contract Price: a: Unless otherwise specified, contract price shall include agents commission. $400.00 6) Purchaser will make payment: TO LEADER AT CONCLUSION OF ENGAGEMENT IN CASH, CHECK, OR MONEY ORDER. Payable to: Don Riggs Tax Number 524.37 -4954 7) Artist(s) - Independent contractor: a. Pursuant to paragraph 3, artist shall at all limes have complete supervision, direction and control over the services of his personnel on this engagement and expressly reserves the right to control the manner, means and details of the performance of services to fulfill the entertainment requirements. b. The artist executes this agreement as an independent contractor, not as an employee of the purchaser. Responsibility for appropriate payments of payroll taxes and - charges'under applicable federal and local law will be assumed by Artist. 8) Agent Provisions: a. The contacting agent is aclmowledged to have fully performed upon the commencement of this engagement. He shall not be liable for the default of a purchaser or the non - performance of the group. No changes in the contract affecting agents commissions shall be inade without the written approval of the agent. b. If Artist(s) is re booked into this or any establishment represented by the purchaser (including chain buyers of music) within 395 days from the termination of this agreement, purchaser and Leader shall be jointly and severally liable for payment to Pacific Rim Talent for commission in the rate set faith in this engagement. c. The percentage of commissions included in the gross price of this engagement is 15% from Act to PRT d. Commission shall be held in trust by leader as fiduciary and forwarded to agent within three (3) days of receipt, or 1) agent has the authority to cancel the following engagement, or 2) at the request of agent, present purchaser is authorized to withhold from leader any commissions due Pacific Rim Talent. Delinquent commission shall accrue interest at 1 1/2% per month, and if litigation is necessary for collection, attomeys fees shall be paid by debtor. 9) Cancellation / Dispute: This contract cannot be canceled except by mutual, written consent of both purchasertind leader of the Musicians as an Artistic Group. All disputes are to be first negotiated through the agency, then, if not resolved, will be referred to a court of law in Seattle, WA. The prevailing party shall have all attomey's fees and court costs paid for by the non - prevailing party. 10) Special Provisions Park 'supplies sound system. • The recording, reproduction, or transmission of Artist's performance is prohibited absent written consent of artist. Commencement of engagement together with physical delivery of this contract is deemed to be a verification of an oral agreement and acceptance of all terms by the er. t� I Signature of Purchaser Kristy Pachciarz Ignature of4.jader Don Riggs Auburn Parks & Recreation Reptile Isle 910 Ninth St SE Address PO Box 250 Auburn, WA 98002 Bothell, WA 98041 (253) 931 -3052 Phone (425) 489 -7900 kpachciarz@auburnwa.gov Responsible Agent Craig Cooke