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HomeMy WebLinkAboutKaren HaasA 7 -lu "! AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 15th day of September, 2014, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Karen Haas, whose address is 3349 Cushman Ave. Tacoma, WA 98418; phone 253 -472 -1311, 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 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 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, 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 sixty minute storytelling set of Karen Haas for the S'more Than You Imagine event on Saturday, October 4`h, 2014, from 7:00 to 8:OOpm. ARTIST will be on site by 6:30pm for set -up. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Game Farm Wilderness Park, 2401 Stuck River Dr., Auburn, WA, herein referred to as "VENUE" Agreement— Karen Haas Page 1 of 4 4. The CITY shall provide the following for this performance: Portable public address system. 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 fifty dollars and no1100 ($350.00). 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 delivered to the ARTIST immediately following the performance.. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Artist bio, photos (high resolution electronic images) and any artwork specifically pertaining to ARTIST upon signature of this contract. 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 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. 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 compensation for the time during which the services have not been rendered. Every effort shall be made between ARTIST and CITY to reschedule the performance(s) at a mutually agreed upon date. Agreement- Karen Haas Page 2 of 4 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST by 2:OOpm on the day of the performance to determine if the performance will be moved indoors or rescheduled. ARTIST must provide a telephone number where ARTIST can be reached at the time /date stated above. If rescheduling is not possible within one year of the event, ARTIST is to be paid on the day of the performance. 11. 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. 12. 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 Kjerstin Lange, Recreation Specialist City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Karen Haas 3349 Cushman Ave. Tacoma, WA 98418 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. 13. 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. Agreement - Karen Haas Page 3 of 4 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 SIGNATURE: KAREN HAAS ARTIST TAX ID* on file DATE: q1,23 DIRECTOR SIGNATURE:R"�:�\" DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE. V14/it Agreement — Karen Haas Page 4 of 4 CONTRACTUAL AGREEMENT FOR PROFESSIONAL SERVICES The City of Auburn agrees to contract: Auburn Riverside High School Soccer Robyn Saarenas, Coach 501 Oravetz RD ' Auburn, WA 98092 To perform the following professional services: Conduct the 2014 Youth Soccer Clinic & Soccer Challenge The contractor is required to perform said services at fields at: sites specified below: 2014 Youth Soccer Clinic Sat., ARHS Sept. 6, 2014 Per Schedule 2014 Youth Soccer Challenge Sat., Game Farm Park Sept 13, 2014 10:30 am -12:45 pm The agreed fee to be paid is $700. The agreed fee will be paid in 1 payment(s). The contractor is responsible for preparing a class outline and supply list, conducting the program on said dates, preparing and teaching the fundamentals, cleaning up the facilities used, and providing an evaluation of the program at the conclusion of the program. The contractor is required to invoice the City for services rendered. The City may terminate all or part of this contract with or without cause at any time. The City will finalize all registrations 48 hours prior to the first class with the contractor. The City shall be reimbursed at a pro -rated basis for any classes /activities the City must prepare and conduct. Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the Contractor in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. The Contractor must provide a Washington State Patrol Criminal Background check, in compliance with RCNI 43.43.830 er seq., for themselves and /or their employees where any person may have unsupervised access to children under sixteen years of age or to developmentally disabled persons, or vulnerable adults during the course of his /her contractual involvement with the City. The contractor shall notify and receive approval from the Staff for any substitutions, changes, or cancellations in the above -named performed services, Subcontracting of the services of this contract is not allowed unless prior approval is received by the department. The Contractor agrees and understands that he /she is an independent contractor and not the agent or employee of the City. The manner and means of providing the professional services herein are under the sole control of the Contractor, The Contractor shall be responsible for reporting his /her hours, earnings, income tax and social security to the applicable federal and state agencies. The Contractor understands that he /she is not entitled to any benefits provided by an employer to employees including but not limited to disability and unemployment insurance. The o uburn Parks and Recreation Department and the Contractor have executed this agreement as of A ,gust 27, 4014. YouJr voice is due September 20, 2014. LW� DtriR2ibr, P9rKS and Kecreation Department PAATHL -S000R