HomeMy WebLinkAboutKelly Lyles AGREEMENT FOR PROFESSIONAL SERVICE
THIS AGREEMENT is made and entered into this _22--day of June___2012 by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein
referred to as "CITY" and_(Lizabeth) Kelly Lyles
(name) whose address is, _5029 26`h Ave SW, Seattle, WA,
98106. (address) herein referred to as "ARTIST"
WHEREAS, the CITY is coordinating Auburn's Piano's on Parade with ARTIST to provide
decoration and modification of one piano as a temporary artwork installation in Auburn, Washington;
and
WHEREAS, the ARTIST 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 VENDOR
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 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: To artistically alter, paint,
modify, decorate a piano in an artistic fashion that does not impact the playability of the
instrument. Work will take place in the timeframe between July 9 and July 31, 2012.
3. SITE OF PERFORMANCE The ARTIST will conduct its service at the following location,
herein referred to as
"VENUE" Downtown Auburn, 108 South Division St, Suite D, Auburn, WA 98002
4. REQUIREMENTS
A. The CITY shall provide the following:
• One Piano
• Secure location at 108 South Division St, Suite D in which artist can work
• Coordination to access to the location
• Movement of the piano to outside location for three weeks and storage
B. The ARTIST shall provide the following:
• Completed artistically modified/painted/decorated piano that is reasonably weather resistant
• All supplies necessary
• Completion between July 9 and July 31, 2012
• Covering for the floor and reasonable care of interior location
• A draft proposal of the proposed design prior to initiating work
5. COMPENSATION
In consideration of the services to the CITY in connection with the ARTIST services, the ARTIST
shall receive total compensation of Two Hundred and Fifty Dollars ($250) service fee, inclusive of
travel.
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.
7 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.
8. 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 compensation for the time during which
the services have not been rendered.
9. 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.
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 2538045043 mmcknight @auburnwa.gov
ARTIST_L. Kelly Lyles
Phone: (206)937-2058
Email: _kelly @kellyspot.com
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.
ARTIST
Name TAX ID# EIN 80-0355057
DATE. 6/21/2012
CITY OF AUBURN
DARYL FABER PARKS, ARTS & RECREATION DIRECTOR,/
DATE. ' ^' ! '
CITY OF AUBURN
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MAIJA C NIGHT ARTS C O INATOR
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