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
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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