HomeMy WebLinkAboutSeattle FlyDogsAGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this 1(/) day of September,
2013 by and between the City of Auburn, Washington, a Municipal Corporation of the
State of Washington herein referred to as "CITY" and Seattle FlyDogs,ATTN: Tammy
Foss, 15326 NE 6th Place, Bellevue, WA, 98007, 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:
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.
SCOPE OF WORK
The ARTIST agrees to provide the following specific services in its artistic
performance: ARTIST will be on -site at Auburn's Petpalooza on
Saturday, May 17, 2014 from 10:00am — S:OOpm. Provide the
festival with four (4) performance demos; 10:30am, 12:30pm,
2:30pm and 4:30pm. ARTIST is to arrive at the event site
between 7:OOam — 8:30am for set -up. ARTIST will provide all
necessary supplies /equipment. Petpalooza is held rain or shine.
CITY understands that ARTIST cannot perform in the rain, in
which case, ARTIST will provide the public with
information/ instruction about the sport. ARTIST will set -up rain
or shine.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Game Farm Park, 3030 R
ST SE in Auburn, 98002.
Agreement — Seattle FlyDogs
Petpalooza 2014
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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: A 100'x 80' performance area.
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic
performance, the ARTIST shall receive total compensation of Three
Hundred Dollars and No /10Os ($300.00).
6. PAYMENT
The ART IST 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 paid in 1 payment and given to the ARTIST in the
form of a check at the conclusion of their performance.
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 God
or impossibility of performance, the ARTIST shall not receive any salary for
the time during which the services have not been rendered.
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Petpaloon 2014
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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 98002; Seattle
FlyDogs, ATTN: Tammy Foss, 15326 NE 61h PL, Bellevue, WA,
98007.
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.
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Petpalooza 2014
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FOSS
FLYDOGS
ARTIST TAX IDD# #• 574-68-8278
DATE:
DATE:
i
CITY OF AUBURN
DARYL FABER
Parks, Arts & Recreation Director
DATE:
KRI TY PACHCIARZ
Special Events Coordinator
DATE: G/► V2 I !>
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Agreement— Seattle FlyDogs
Petpalooza 2014
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