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Home My WebLink About7544813 Farmers Market Performance - DocuSign Envelope ID:AE884ED1-2E54-4E0E-8278-33B8DEF7FB12 �uftahr. raLhAn.t 5 hket.kEt AGREEMENT FOR ARTISTIC SERVICES This Agreement for Artistic Service (Agreement) is made and entered into on the later date of the parties' execution of the Agreement on page 3, and is by and between The City of Auburn (City), a municipal corporation organized under Title 35A of the Revised Code of Washington, and Adrian Xaiver ("Artist"). Summary Performance: Live musical performance Date & Time: 11:30 AM — 1:00 PM, June 9, 2024 Location: Les Gove Park, 1140 Auburn Way S., Auburn Payment: $700.00 Provided equipment and stage items: • Access to standard power outlet • One 10'x15' canopy • Extension Cord • 2 Chairs The Artist is responsible for supplying all other necessary equipment. 1. Retention of Artist and Conduct of Performance. Artist shall perform the work and services described in this Agreement at the amount shown. Artist agrees to conduct and complete the performance in a competent and professional manner in accordance with the terms of this Agreement and according to the professional standards common in the industry. The Provider represents and warrants that it has all necessary licenses and certifications to perform the services provided for in the Agreement and is qualified to perform those services. If an Artist arrives at the location noticeably under the influence of intoxicating beverages, narcotics, or drugs, the City may cancel the Agreement at its sole discretion and with no liability whatsoever. The Artist must notify and receive approval from the Farmer's Market Coordinator for any substitutes, changes, or cancellations in the above-named performed services. The City provides performances at the Auburn Farmer's Market under the doctrine of government speech, and for the purpose of creating a positive weekend experience for Auburn community members who attend the Farmer's Market. The Auburn Farmer's Market is not intended as a forum for free speech. The Artist acknowledges that market performances are government expression, are not protected by the First Amendment, and that the City will require the Artist to remove any offensive flag, banner, symbol, or image displayed. 2. Artist's Services The Artist agrees to provide one live musical performance, between the hours of 11:30 AM — 1:00 PM at the Auburn Farmer's Market, located at located at Les Gove Park, 1140 Auburn Way S., Auburn WA 98002 ("Venue"). 3. Payment. Upon completion of the services described in Section 2, the City shall pay Artist the sum of seven hundred dollars ($700.00) as compensation for performance of the services. The amount shall be payable to Adrian Xaiver and be paid following the performance on the date listed above. The payment will be full compensation for work performed or services rendered and for all travel, labor, DocuSign Envelope ID:AE884ED1-2E54-4E0E-8278-33B8DEF7FB12 including set-up and take-down, materials, supplies, equipment, overhead, profit, and any incidentals necessary for the performance. The Artist agrees to be responsible for payment of any and all taxes, which may be due as a result of the performance. Artist shall pay all fees (if any)for the public performance of music. The Artist is solely responsible for Artist merchandise concessions including display and sales. The Artist may retain all revenue from the concessions. The City reserves the right to direct the location and time period of the concessions, although the time will be no less than the time of Artist's performance plus thirty minutes before and after. 4. Termination for Cause Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The notice will identify the reason(s) for termination and specify the effective date of termination. In the event of a default by Artist, City may suspend all payments otherwise due to Artist and the City will have no further obligations to Artist. 5. Termination for Convenience & Force Maieure Without cause, the City may terminate this Agreement upon not less than five (5) days written notice to the Artist. City shall not be liable for any payment, anticipated profits or other consequential damages resulting from the termination. If the performance is canceled by the City for any occurrence not within the control of the City such as fire, cyber/ransomware attack, earthquake, flood, explosion, weather, riots, strikes, pandemic, lockouts, and emergency orders of the state or federal government, the City shall be excused of any delay in the performance of any obligation under this Agreement, for nonpayment, and shall not be liable for any damages suffered by Artist. If Artist does not perform the services due to sickness, or other circumstance beyond the Artist's control but not the fault of the CITY, the parties shall attempt to rescheduled the performance on a mutually agreed upon date to occur not more than 18 months following the date of the initially scheduled performance, either at the same venue or at another venue available to the CITY for such performance. If in good faith the parties are unable to reschedule the performance within 18 months of the performance date, this agreement shall become void and the City shall not be liable for any payment, including anticipated profits and other consequential damages. 6. Indemnification/Hold Harmless Artist 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 acts, errors or omissions of the Artist, its agents, representatives, and employees in performance of this Agreement, including claims of copyright infringement and defamation, except for injuries and damages caused by the sole negligence of the City. 7. Background Check The Artist must provide a Washington State Patrol Criminal Background check, in compliance with RCW 43.43.930 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 to vulnerable adults during the course of his/her contractual involvement with the City. At its discretion, the City may perform a background check. The Artist consents to the city performing a background check and agrees to provide full cooperation with the background check, including providing a notarized signature approving the release of background information to the City and a waiver of rights of inspection, and a release of damages. The City may terminate this agreement if, in the opinion of the City, a background check shows that the Contractor, its subcontractor, officer, employee, volunteer, or agent is unsuitable to provide the scope of work for this agreement. Alternatively, at the City's discretion, the City may require the 2024 Auburn Farmers Market Performance Agreement 2 DocuSign Envelope ID:AE884ED1-2E54-4E0E-8278-33B8DEF7FB12 Contractor to reassign any employee, agent, contractor, subgrantee, or volunteer that, in the City's opinion, is unsuitable based on the background check. 8. Independent Contractor The Artist 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 Artist, who shall furnish all supervision, labor, and all other incidentals except as specifically provided in this Agreement. The Artist shall be solely responsible for reporting his/her hours, earnings, income tax, and social security to the applicable federal and state agencies. The Artist understands that he/she is not entitled to any of the benefits provided by an employer to employees including but not limited to disability and unemployment insurance. 9. Entire Agreement This Agreement contains the entire understanding of the parties in respect to the transactions contemplated and supersedes all prior representations, agreements and understandings between the parties, either oral or written. 10. Waiver No waiver by either party of any breach or default shall be deemed a waiver of any preceding or any subsequent breach or default. 11. Assignment. The Artist shall not transfer or assign this Agreement except by the written consent of the City Farmer's Market Director or Department Director. Any such unconsented transfer or assignment shall be void and of no effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed effective the later of the dates set forth below. ARTIST CITY OF AUBURN DocuSignetl by: DocuSignetl by: G j� �w,aan�a Vat, AdnaiXaiver Aitianda"Valdez, Farmers Market Coordinator 1/30/2024 1/31/2024 DATE DATE DS DocuSignetl by: r_�� rah(, alot DVS,17F611ar, Director of Parks, Arts,& Recreation . 1/31/2024 DATE Photo Release In consideration of my engagement, and for other good and valuable consideration herein acknowledged as received, I grant to the City of Auburn and its legal representatives, officers and employees the irrevocable and unrestricted right to use any depiction of Adrian Xaiver for purposes of promotion, advertising, journalism, or other similar purpose no matter the manner and medium and without my inspection or approval, and I release the City from any liability relating to such use. ARTIST 2024 Auburn Farmers Market Performance Agreement 3