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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this H day of 2012
by and between the City of Auburn, Washington, a Municipal Corporation of the State of
Washington herein referred to as "CITY' and The Fabulous Murphtones, LLC
(ATTN: Paul Bautista), 4002 49th Ave S, Seattle, WA, 98118, 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 60 minute performance of the Fabulous
Murphtones at Auburn's Petpalooza to take place on Saturday,
May 18, 2013. Performance is to be held from 4:00-5:00pm.
ARTIST is to arrive at the site no later than 3:30pm.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Game Farm Park, 3030 R
ST SE in Auburn, 98002 on an outdoor, covered amphitheater.
Performance is 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
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Agreement—The Fabulous Murphtones-Petpalooza
2013
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and all injury to any person or property arising out of
harmless from any
the condition of or use of the site by the ARTIST for its performance.
4. TECHNICAL REQUIREMENTS
The CITY shall provide the following technical assistoancce for tsla�aiic) and
performance: Covered stage, sound system
sound technician.
5, COMPENSATION
In consideration of the
services to the CITY in connection with the f Four
artistic performance, the ARTIST shall receive compensation o
Hundred Dollars and No/100s ($
6. pAYME
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
in compliance with the regulations of the CITY Finance
ARTIST shall be
Department. The ARTIST agrees as abresult of performance under this
and all taxes which may be due
contract. Payment shall be givhe to he ARTIST n the form of a
check at the conclusion oft performance.
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY:
N/A.
g, INDEMNIFICATION
The ARTIST agrees to indemnify, defend and hold the CITY, its agents,
form of liability of any nature
representatives and employees harm for any m and against any and al
claims, causes of action or demands
arising out of the performance and obligations contained in this s and
Agreement on the part of the ARTIST,arise solely from the negligent acts
employees except where such claims of the CITY, its agents, representatives or employ ees.
g, INABILITY TO PERFORM
If ARTIST is incapacitated nnot erform because of fire,uaccident,a
otherwise or if ARTIST ca p ct of
God or impossibility of pewh which the service have nolt been rendered.
salary for the time during
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2013
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10. TERMINATION with any
In the event the ARTIST or the CITY defaults obligations al hereunder, the of the requirements of this Agreement or any
CITY may at its option terminate the Agreement.cement. have remedies shat
in addition to any other right or remedy
11. NO_ T- be personally
Any notice required or permitted under this Agreement may ive por
served or given in writing and
or hall certified addressed sed to tgiven
e respective
served if sent by registered WA
parties as follows: City of Auburn, 910 Ninth Street SE, Auburn,
98002; The Fabulous Murphtones, LLC, 4002 4�tn Ave S., Seattle,
WA, 98118.
Either party may at any time designate a different address to w
notices shall be sent.No iwhen mailed.iccordance with these provisions
shall be deemed received
12. GENERAL PROVISIONS
The following provisions may apply:
A No waiver by
either party of any breach or default hereund
breacshall
I
be eemed a waiver of any preceding or any
or default.
B. This Agreement may not be changed or modified to r both
provision hereof waived except in writing agreed
parties. all
C. This Agreement shall be
questions with respect hereto shadll in
be determined ned 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 ble State and local laws, rules and s to
comply with all apple
regulations.
Agreement—The Fabulous Murphtones-Petpalooza
2013
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7 TIST,
THE FABULOL15 MURPHT ``O NES
ARTIST TAX ID#: � � /
DATE: �Z ol v, Ll�
CITY OF AUBURN
DA YLFABER
Parks, Arts & Recreation Director
DATE:
KRISITY PACHCIARZ
Special Events Coordinator
DATE: (�I L 1-2,
i
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2013
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