HomeMy WebLinkAboutZola's Cafe AGREEMENT FOR PROFESSIONAL SERVICE
THIS AGREEMENT is made and entered into this --�j day of Lt 2012
by and between the City of Auburn, Washington, a Municipal Corporation of the State of
Washington herein referred to as "CITY" and Zola's Cafe whose address is, 402 East
Main Street Suite 120 Auburn, WA 98002-6649 herein referred to as "Agent"
WHEREAS, the CITY is coordinating ArtRageous with AGENT to book and
schedule various musical performances on the community stage in Auburn,
Washington; and
WHEREAS, the AGENT has agreed to perform the work in compliance with the
terms and conditions of this Agreement;
NOW THEREFORE, the CITY and AGENT in consideration of the conditions and
covenants herein do agree as follows:
1 RETENTION OF VENDOR
The CITY does hereby retain the AGENT to perform the work and services
described herein. The parties agree that the AGENT is an independent
contractor and shall furnish all supervision, labor, and all other incidentals except
as specifically provided herein and the AGENT 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 AGENT agrees to provide the following specific services: Schedule, pay and
coordinate musical performances throughout the day at the community stage on
Saturday, August 4, 2012, 11 am —6 pm as part of Aubum's ArtRageous
Festival.
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3. SITE OF PERFORMANCE J
The AGENT will conduct its service at the following location, herein referred to as
"VENUE"
Corner of D Street NE and East Main Street
4 REQUIREMENTS
A. The CITY shall provide the following:
• Sound system and stage
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Agent Agreement= yda's Cafe
• Listing of music performances in day-of maps and programs
B. The AGENT shall provide the following:
• Operate the sound system in a professional manner
• Coordinate performances throughout the day including
payment to the individual artists
5. COMPENSATION
In consideration of the services to the CITY in connection with the AGENT
services, the AGENT shall receive total compensation of tote o our un rB
o a-rs an no ervice fee, inclusive of travel.
6. PAYMENT
The AGENT 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 AGENT shall be in compliance with the
regulations of the CITY Finance Department. The AGENT agrees to be
responsible for payment of any and all taxes, which may be due as a result of
performance under this contract.
7 INDEMNIFICATION
The AGENT 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 copyri ht infringements for musical performances, arising out of
the performance and obligations contained in this Agreement on the part of the
AGENT, 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 AGENT is incapacitated from rendering services through sickness or otherwise,
or if AGENT cannot•perform because of fire, accident, act of God_ or impossibility
of performance, the AGENT shall not receive any compensation for the time
during which the services have not been rendered.
9. TERMINATION
In the event the AGENT 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.
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Agent Agreement—Zola's Cafe
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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
AGENT
Sonia Kessler
Zola's Cafe
402 East Main Street Suite 120
Auburn, WA 98002-5549
(253) 333-9652
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 AGENT 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 AGENT agrees to comply with
all applicable State and local laws, rules and regulations.
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ArtRageous-Saturday,August 4, 2012
Agent Agreement- yda's Cafe
s
AGEN
,
Sonia Ke le , Zola's Cafe
TAX ID#-
DATE.
CITY OF AUBURN
DARYL FABER
PARKS, ARTS & RECREATION DIRECTOR
DATE. C (;- ?1/L
CITY OF AUBURN
MAIJA MCK I_ HT
ARTS COO NATOR
DATE. 41/
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Agent Agreement— yola's Cafe