HomeMy WebLinkAbout7554353 Canine Stars 2024 - DocuSign Envelope ID:86FC43C0-B4EC-497A-A707-5EC9D272386B
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this 3rd day of April, 2024,by
and between the City of Auburn,Washington, a Municipal Corporation of the State
of Washington herein referred to as "CITY" and Canine Stars Stunt Dog Show,
whose address is 3437 Oregon Trail, Fort Collins, CO 80526,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: Four(4) Canine Stars Stunt Dog Shows at Auburn's Petpalooza to
take place on Saturday,May 18, 2024. Performances to be held at 10:15am,
12:15am, 2:15pm, and 4:15pm. See addendum A from ARTIST for complete
details.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at: Game Farm Park, 3030 R Street SE,
Auburn,WA 98002,herein referred to as "VENUE"
4. REQUIREMENTS
The CITY shall provide the following for this performance: A 30ft x 60ft wide, 110v
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power required for sound system. May also require space for RV parked
backstage w/50amp power. See addendum for complete list.
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic performance,
the ARTIST shall receive total compensation of eight thousand five hundred dollars
and no/100. ($8,500.00).
This fee will be paid in 2 payments. City shall pay to provider a deposit to secure service
of this agreement. The deposit shall be in the amount of$1,700.00 and paid via check
after the contract has been signed. The remainder($6,800.00)will be handed to the
ARTIST immediately following the services rendered on May 18, 2024.
Additionally, the CITY shall reserve 1 pet-friendly hotel room with two beds with hotel
check-in on Thursday, May 16, 2024 and check-out on Sunday, May 19, 2024. This
payment shall be full compensation for work performed or services rendered and for all
labor, materials, supplies, equipment, overhead,profit, and incidentals necessary to
complete the performance.
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's company manager or his/her
designee immediately following the performance(s).
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY: Company
bio, photos (high resolution electronic images) and any artwork specifically pertaining
to ARTIST at the upon signature of this contract.
8. INDEPENDENT CONTRACTOR
The ARTIST shall perform the services as an independent contractor and shall not be
deemed, by virtue of this Agreement and performance of its provisions, to have
entered into any partnership,joint venture, employment or other relationship with the
City. Nothing in this Agreement creates any contractual relationship between the
ARTISTS'S employee, agent, or subcontractor and the City.
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9. INDEMNIFICATION/HOLD HARMLESS
General. Except for injuries and damages caused by the sole negligence of the City,
the ARTIST shall defend, indemnify and hold the City and its officers, officials,
employees, and volunteers harmless from any and all claims, injuries, damages, losses,
or suits of every kind, including attorney fees and litigation expenses, arising out of or
in connection with any alleged act, omission, professional error, fault, mistake, or
negligence of the ARTIST, its employees, agents, representatives, or subcontractors,
arising out of the performance and obligations contained in this Agreement including
any copyright infringements for musical performance, or arising out of worker's
compensation,unemployment compensation, or unemployment disability
compensation claims.
Coronavirus. The ARTIST acknowledges that although the City has put in place
preventative measures to reduce the spread of COVID-19; it cannot guarantee the
ARTIST will not become infected with COVID-19 due to performing the services.
The ARTIST assumes the risk of being exposed to or infected by COVID-19 by
performing the services and acknowledges that such exposure or infection may result
in personal injury, illness,permanent disability, and death. ARTIST accepts sole
responsibility for their health during performance of the services and hereby releases,
covenants not to sue, discharges, and holds harmless the City, its officials, employees,
volunteers and agents of and from any and all claims, actions, damages, costs or
expenses of any kind arising out of or relating thereto.
10. INABILITY TO PERFORM
If ARTIST is incapacitated from rendering services on the date due to sickness or
otherwise, or if ARTIST cannot perform due to fire, accident, pandemic (including all
government orders in response to a pandemic), 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 or for preparation or travel for the
performance. Every effort shall be made between ARTIST and City to
reschedule the performance(s) at a mutually agreed upon date.
11. PERFORMANCE RAINOUT
Event is held rain or shine.
12. CONTINUATION OF PERFORMANCE
In the event that any dispute or conflict arises between the parties while this
Agreement is in effect, the ARTIST agrees that, notwithstanding such dispute or
conflict, the ARTIST shall continue to make a good faith effort to cooperate and
continue work toward successful completion of assigned duties and responsibilities.
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13. INSURANCE
The Provider will, at its sole expense, procure and maintain for the duration of this
Agreement and 30 days thereafter insurance against claims for injuries to persons or
damage to property which may arise from or in connection with the performance of this
Agreement by the Provider, its agents, representatives, or employees.
Provider's maintenance of insurance as required by the Agreement will not be construed
to limit the liability of the Provider to the coverage provided by such insurance, or
otherwise limit the City's recourse to any remedy available at law or in equity.
The Service Provider shall obtain insurance of the types described below:
a. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage will be at least as broad as Insurance Services Office (ISO) form
CA 00 01 (provider may use a substitute form providing equivalent liability
coverage). Provider will maintain automobile insurance with minimum combined
single limit for bodily injury and property damage of$250,000 per accident.
b. Commercial General Liability insurance name the City as an additional insured
under the Provider's Commercial General Liability insurance policy and will be
written with limits no less than $2,000,000 each occurrence, $2,000,000 general
aggregate.
For Automobile Liability and Commercial General Liability insurance, the policies are
to contain, or be endorsed to contain that Provider's insurance coverage shall be primary
insurance as respects the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Provider's insurance and shall
not contribute with it.
On request, the Provider shall furnish the City with certificates of insurance and a copy
of the amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the Provider before
commencement of the services.
Failure on the part of the Provider to maintain the insurance as required will constitute a
material breach of contract, upon which the City may, after giving five business days'
notice to the Provider to correct the breach, immediately terminate the Agreement or, at
its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the City on demand, or
at the sole discretion of the City, offset against funds due the Provider from the City.
Maintenance of insurance as required by this Agreement shall not be construed to limit
the liability of Provider to the coverage provided by such insurance, or otherwise limit
the City's recourse to any remedy available at law or in equity.
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14. 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.
15. ASSIGNMENT
Neither party to this Agreement shall assign any right or obligation hereunder in whole
or in part, without the prior written consent of the other party. No assignment or
transfer of any interest under this Agreement shall release the assignor from any
liability or obligation under this Agreement, or to cause any such liability or obligation
to be reduced to a secondary liability or obligation.
16. NONDISCRIMINATION
The ARTIST may not discriminate regarding any services or activities to which this
Agreement may apply directly or through contractual, hiring, or other arrangements on
the grounds of race, color, creed, religion, national origin, sex, age, or where there is
the presence of any sensory, mental or physical handicap.
17. AMENDMENT, MODIFICATION OR WAIVER
No amendment, modification, or waiver of any condition, provision, or term of this
Agreement shall be valid or of any effect unless made in writing, signed by the party
or parties to be bound, or the party's or parties' duly authorized representative(s) and
specifying with particularity the nature and extent of such amendment, modification or
waiver. Any waiver, approval or acceptance, or payment by any party shall not affect
or impair that party's rights arising from any default by the other party.
18. PARTIES IN INTEREST
This Agreement is binding upon, and the benefits and obligations hereto shall inure to
and bind, the parties and their respective successors and assigns, although this section
shall not be deemed to permit any transfer or assignment otherwise prohibited by this
Agreement. This Agreement is for the exclusive benefit of the parties and it does not
create a contractual relationship with or exist for the benefit of any third party,
including contractors, sub-contractors and their sureties.
19. APPLICABLE LAW
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This Agreement and the rights of the parties shall be governed by with the laws,
regulations, and ordinances of the City, of the State of Washington, and King County.
Venue for any action involving this agreement shall be in the county in which the
property or project is located, and if not site specific,then in King County. It is agreed
that any applicable statute of limitation shall commence no later than the substantial
completion by the ARTIST of the services.
20. SEVERABLE PROVISIONS
Each provision of this Agreement is intended to be severable. If any provision is
illegal or invalid for any reason, such illegality or invalidity shall not affect the
validity of the remaining provisions.
21. ENTIRE AGREEMENT
This Agreement, together with any subsequent amendments or addendums, 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. No other understandings regarding the services to be
performed by the ARTIST or regarding this Agreement shall bind any of the parties.
22. NON-AVAILABILITY OF FUNDS
Every obligation of the City under this Agreement is conditioned upon the availability
of funds appropriated or allocated for the performance of such obligation; and if funds
are not allocated and available for the continuance of this Agreement, then this
Agreement may be terminated by the City at the end of the period for which funds are
available, without the seven(7) days' notice provided by Section 6.
No liability shall accrue to the City in the event this provision is exercised, and the
City shall not be obligated or liable for any future payments or damages as a result of
termination under this Section.
23. FORCE MAJEURE
Any delay in the performance of any obligation under this Agreement shall be
excused, if and so long as the performance of the obligation is prevented, delayed or
otherwise hindered by any act not within the control of a party such as fire,
cyber/ransomware attack, earthquake, flood, explosion, actions of the elements, riots,
mob violence, strikes, pandemic, lockouts, and emergency orders of the state or
federal government.
24. COVID-19 (Coronavirus)
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ARTIST agrees to abide by all Governor orders and proclamations and Secretary of
Health orders regarding the coronavirus, including Secretary of Health Order 20-03
(face coverings and Governor's Proclamation 20-25.4 (social distancing measures &
health standards specifically for various industries).
In addition to the rights and conditions in section 25, the City may suspend or revoke
this Agreement if it is determined that performance of the services described and/or
the City's event will be in violation of any order, proclamation, guidance or decision
of a local health officer or the Governor regarding the coronavirus if effective on the
date the event is scheduled to take place.
The City is not responsible for any loss of money, resources or damages incurred by
the ARTIST as a result of suspension or cancellation of this Agreement based on
requirements of any coronavirus related order, proclamation, guidance or decision of a
local health officer or the Governor effective on the date the event is scheduled to take
place.
25. CONSTRUCTION
Interpretation or construction of this Agreement shall not be affected by any
determination as to who is the drafter of this Agreement, this Agreement having been
drafted by mutual agreement of the parties.
26. NOTICES
All notices or communications permitted or required to be given under this Agreement
shall be in writing and shall be deemed to have been duly given if delivered in person
or sent by regular mail,postage prepaid, [by certified mail, return receipt requested,]
and addressed, if to a party of this Agreement, to the address for the party set forth
above. If addressed to a non-party, the notice shall be sent, in the foregoing manner,
to the address designated by a party to this Agreement.
Either party may change its address by giving notice in writing to the other party.
CITY Julie Krueger
City of Auburn
910 Ninth Street SE
Auburn, WA 98002
253-931-3052 1 jkrueger@auburnwa.gov
ARTIST Canine Stars Stunt Dog Show
ATTN: Keri Caraher
3437 Oregon Trail
Fort Collins, CO 80526
970-930-1191 1 Keri(a�TheCanineStars.com
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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.
27. 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.
D. In the performance of the work herein, the ARTIST agrees to comply with all
applicable State and local laws, rules and regulations.
ARTIST
rkDocuSigned by:
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Frerf'ormer'—
ARTIST TAX ID#: 45-4472725
DATE: 4/11/2024
CITY OF AUBURN
c—DS DocuSigned by:
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DARYL FABER, DIRECTOR
PARKS, ARTS &RECREATION
DATE: 4/22/2024
-a.._ "mil
Julie Krueger
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PARKS, ARTS & RECREATION
DATE: 4/2/2024
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�11)1JLIN 1J U 1V1 A
e
The Canine Stars Stunt Dog Show t'caninekslar s
(970)930-1191 Info@TheCanineStars.com CORPORATE/MAILING ADDRESS: ST U \T DOG S H C V/�V
3437 Oregon Trail,Fort Collins,CO 80526
TRAINING FACILITY:
Rockstar Ranch,1084 County Road 162,Pine Bluffs,WY 82082 Quote Date: 2024-03-28
US EIN:45-4472725 Quote Expiration Date: 2024-04-12
CANADA BN:799126479-RC0001
Quote Accepted Date:
Auburn's Pet Palooza Event Start Date: Sat May 18, 2024
Auburn WA USA Event End Date: Sat May 18, 2024
Julie Krueger
+12538045042 Total Show Days: 1
jkrueger@auburnwa.gov Show Time(s): 10:15,12:15, 2:15,4:15
QUOTE Fee Total (USD)
The Canine Stars Stunt Dog Show- Full Set(No Pool) 3 @$2500 $7,500.00
Additional Show(4th show) $1000 Grand Total $8,500.00
SHOW RIDER Canine Stars onsite contact: Ethan Wilhelm 970-366-9776
The Canine Stars Stunt Dog Show-Full Set(No Pool) Setup&Arrival Date: Fri May 17,2024
Arrival time est.: Noon
Up to 3 shows daily,approx.25 minutes each show,plus a 5-10 Teardown&Departure Date: Sat May 18,2024
minute'meet and greet'with the audience after each show. Departure time est.: 10PM
Showtimes spaced at least 2 hrs apart.Performances include 2- Power Required: 110v and 50amp,from arrival
5 Trainers with 6-12 Dogs. to departure
Performance Area: Outdoors on Grass
Footprint:30ft x 60ft wide,110v power required for sound
Forklift Required: No
system.May also require space for RV parked backstage w/ Hotel Required: 1 pet-friendly room with 2
50amp power. beds
Hotel Name:
Hotel Check-in: Thu May 16,2024
Hotel Check-Out: Sun May 19,2024
Canine Stars booking confirmed by: Quote accepted by:
4/1/2024
Keri Caraher, President Date Ji leinbeck Date
Dates are reserved after Quote has been signed by all. Final Contract will be created by:Canine Stars
20%Deposit due w/Final Contract,wire transfer preferred.
DocuSign Envelope ID:86FC43C0-B4EC-497A-A707-5EC9D272386B
ADDENDUM A - PAGE 2
the
anine-stars
STU \T DOG SHCW
PERFORMANCE CONTRACT
This Contract represents an agreement between Auburn's Pet Palooza("Event"),represented by Jim Kleinbeck,and The Canine Stars,
Inc.("Entertainer"),for Canine Stars Project ID:2024-05 WA-AUBURN'S PET PALOOZA in Auburn,WA,USA for 1 day(s)of shows from Sat
May 18,2024 to Sat May 18,2024.The Event wishes to engage the Entertainer subject to the terms and conditions as follows:
ENTERTAINER will provide stunt dog show(s)as detailed in the Rider,pace 2.
Stage&Set Equipment:Show equipment and trainers uniforms branded as"The Canine Stars,"and may include small sponsor logos.
Fan Souvenirs:Shows may offer giveaways including Canine Stars Trading Cards,Frisbees,and Treat Samples.Event may provide
additional items as giveaways.
Administration:All operational preparation and coordination including all associated costs and expenses with the aforementioned.
Liability Insurance policy provided on request with"Additional Insured"$2,000,000 certificate. All dogs requiring licensing by USDA will be
current,and health certificates will be provided if required.
Media:The Canine Stars will provide Media appearances,content,photos and videos for media and print,accessible via links.
EVENT will provide the following:
Performance Space&Power Requirements: Footprint must be flat,level,and clear of debris,rocks or pebbles which may damage
dog's paws. Power must be available from Entertainer's arrival to departure.See Rider.
Schedule:Event shall determine show time(s). Schedules with multiple shows per day shall have a minimum 1 hour break between
shows.(Example:First Show 12:00-12:30,min.1 hour break,Next Show 1:30-2:00)
Equipment&Staff: Bleachers/seating for audience surrounding 3 sides of our show area is recommended.Event may provide custom
branding and imaging,signage and sponsors(please notify Entertainer in advance).Event shall take reasonable precautions for the
safety of the Entertainers,dogs and equipment during the event,ensuring that only the Entertainers are allowed on stage or back stage,
by providing adequate staff for security,ushers,and provide area cleaning between shows as needed. Trash can must be provided from
arrival to departure,for dog waste.
Water:Access to drinking water required for entertainers and dogs.
Credentials:Parking passes for additional vehicles,and Admission passes for event access.
Hotel and/or RV Parking:See Rider.
Inclement Weather:Shows may be modified or cancelled due to weather if conditions are unsafe for the dogs(for example rain may
make the performance area slippery,so high jumping sports may be removed.Dock diving into our water pool may be modified when
temperatures are less than 55 degrees Fahrenheit.)
Compensation:In full consideration for all services rendered by the Entertainer,the Event will pay to the Entertainer$8,500.00.Two
payments preferred:20%of total due at Contract signing,and remaining balance due on the final day of shows.Accepted:Wire Tranfer,
Zelle,or Check payable to"The Canine Stars"in USD.
Cancellation of this Agreement over 6 months prior to performance will result in forfeit of the 20%deposit.Cancellation by the Event for
any reason within 6 months of the performance date will require payment of any outstanding balance of the full Fee,due at cancellation.
Cancellation of the Performance by the Entertainer will include return of any deposits or payments and offer of substitution with
equivalent dog show performance. Entertainer will not be liable for damages due to delay or failure to perform any obligation under this
agreement if such delay or failure resulting directly or indirectly from circumstances beyond the control of such party. Such
circumstances shall include,but not be limited to,strikes,disturbances,riots,fire,water damage,flood,severe weather,governmental
action,war acts,acts of God,or any other cause similar or dissimilar to the foregoing which are beyond the reasonable control of the
party from whom the affected performance was due.
The Event and the Entertainer agree to perform their obligations under this Contract,in all respects,in good faith. By signing,I agree
that I have read and understand all information contained in this agreement.
4/1/2024
Keri Caraher, President Date