HomeMy WebLinkAboutDon Riggs,Reptile IsleP, 3,1b,S
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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this A— day of
2013 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:
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 17, 2014. 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, 98002 on an outdoor, covered amphitheater
stage. Performance is held rain or shine.
Agreement - Reptile Isle
Petpaloora 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: 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 mic) 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 /100s ($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 2014
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
98002; 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 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.
Agreement - Reptile Isle
Petpalooza 2014
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ARTIST
06)noAd
DON RIGGS v L
Reptile Isle
ARTIST TAX ID #: 524 -37 -4954
DATE: U�
CITY OF AUBURN
ARYL FABER
Parks, Arts & Recreation Director
DATE:
KRI TY PACHCIARZ
Special E ents Coordinator
DATE: I q i "�
Agreement - Reptile Isle
Petpalooza 2014
Page 4 of 4
Independent
Pa6fiC Rum PO Box 250 PhFax:(425)482 -9509 Engagement
Talent Bothell, WA 98041
November
29, 2013 Between:
t) Agreement made on: And Krises Pachciarz
DOn Riggs Purchaser: �-
Artist Representative: - Representing: Auburn Parks & Recreation
Representing: p —
2) Dates) of Engagement:
Saturday May 17, 2014
Venue Phone
Starting finishin times of cn a ement: 3:15 PM — 3:45 PM Stage Show followed b 30- Minute oven
3) Location of I Game Farm Park Emergency
Engagement 3030 R Street SE Phone
n.ih „rn WA 88002 Contact Person
4) Job Descriptims Petpalooza Day
Artist — ❑ 11 b f t I ep acies of thee f bl 1 (fulfill $40n nn ant re nimments.
a. 5) Contract Price:
a: Unless otherwise specified, contract price shall include agents commission.
s Purchaser will make a ment:
6) Purchaser will make payment: TO LEADER AT CONCLUSION OF ENGAGEMENT IN CASH,
CHECK, OR MONEY ORDER.
4 -37 -4954
Payable to: Don Riggs
Tax Number 52
7) Artist(s) - Independent contractor:
a. Pursuant to paragmpL 3, arcis[ shall at all limes Lave complete supervision, direction and conttoL aver he services a his personnel on this engagement an
expressly reserves the right to control he manner, means and details of the performance of services to fulfill [he entertainment r appropriate
b The artist executes this agreement i s an�dependent a bntra� rinot as an a Purchaser- Responsibility for appropriate pa}nnents of payroll taxes and be c1 =g I pplr b1, fade!
g) Agent Provisions: ,a the
a. The contracting agent is ackn wl, changes es have
in the affecting agents w�rfi %ions shalltbe mralc, ihout he wdttevoapproval of the agent.
or the non - performance of the group. g .
b, If ArliA(s) is to booked into this or any establishment represented by the to Pacer (incim Talent chain buyers ismusic) within set days from the termination of t ns
gross 15 % from ActtoPRT
agreement, purchaser and Leader shall bejointly and severally liable for payment to Pacific Aim Talent for commission m the rate set Corth in ltis engagemen .
q The percentage of commissions included in the gto p days t arl)agent has he avtlmrity to cancel the following
d. Commission shall be held intrust by leader as fiduciary and forwarded to agent within three (3) day receipt,
engagement or 2) atthe request ofageflt,present purchaser authorized toolleciliond from dePacific Rim Talent. DeSngnent commission
1 ll t t [112/ h first
Grant, All disputes ar) to
9) Cancellation / Dispute: written prevailing party shall have all attorney's fees and mnrl vats
17us contract annual be catnhcee�edfnot rpesolved tuwill ba mrftrt d tots wnrt r Clawm9eaWa�aWA, ftlreP Musicians as an rs ro
negotiated tluouglr the agency,
aidfnrbythenoa- owedlin arty. park supplies sound system.
10) Special Provisions
Die recording, reproduction. or transmission of Artist's performance is prohibited absent written consent of artist.
commencement eof tim, or men[ together with physical deli f all terms by die rapt is deemed to be a verification of an oral agreement and Cry of this
Zini
Commencement of engagement together witri physical delivery Of this contract is deemed to he a verification of an oral
agreement and acceptance of all terms by the purchaser. ^
.� J'ignaf re o Izader
Signature of purchaser Don Ri s
KristY Pachciarz Reptile Isle
Auburn Parks & Recreation Address PO Box 250
910 Ninth St SE Bothell, WA 98041
Auburn, WA 98002 Phone (425) 489-7900
253 931 -3052 Responsible Agent Crai Cooke
kpachciarz @auburnwa gov