HomeMy WebLinkAbout7554390 Postmark | Second Saturday Performance | May - DocuSign Envelope ID: FE1C983B-305A-475D-9A0B-3BBA86B80303
CITY OF AUBURN
AGREEMENT FOR SERVICES
THIS AGREEMENT made and entered into on this 10th of April 2024, by and between
the CITY OF AUBURN ("City"), a municipal corporation of the State of Washington, and
Allison Preisinger ("Contractor"), whose address is 4606 S American Lake Blvd,
Tacoma,WA,98409,and,allison@ampstudiollc.com.
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:
3. 1, 60 minute performance of show with
Intermission: Yes No
If yes, length of intermission:
4. DATE & TIME
Saturday, May 11, 2024 @ 2:30 PM
5. SITE OF PERFORMANCE
The ARTIST will conduct its performance at: Postmark Center for the Arts at
20 Auburn Ave, Auburn, WA 98002 herein referred to as "VENUE
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April 10, 2024
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6. REQUIREMENTS
The CITY shall provide the following for this performance All promotion of
performance, including press releases, paid advertising, radio public service
announcements, brochures and postcards, performance programs
• management and staffing (not incl. merchandise sales).
7. COMPENSATION
In consideration of the services to the CITY in connection with the artistic
performance, the ARTIST shall receive total compensation of the ARTIST
shall receive total compensation, inclusive of travel, two hundred and
fifty dollars ($250.00). 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.
a. The ARTIST will also receive hospitality in the preen room which will
include drinks (non-alcoholic), snacks.
8. 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. The Guarantee
Payment shall be delivered to the ARTIST's company manager or his/her
designee immediately following the performance(s). Any additional
payment will be paid out on the next payment cycle.
9. 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.
10. 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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11 . 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.
12. 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.
13.PERFORMANCE RAINOUT
n/a. Event is held rain or shine.
14.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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15.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.
16.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.
17.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.
18.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.
19.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.
20.APPLICABLE LAW
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
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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.
21 .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.
22.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.
23.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.
24.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.
25.COVID-19 (Coronavirus)
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).
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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.
26.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.
27.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 Allison Hyde
Arts Program Supervisor
City of Auburn
20 Auburn Ave
Auburn, WA 98002
(253)-804-5043
ahyde(c�auburnwa.gov
ARTIST ALLISON PREISINGER
4606 S American Lake Blvd,
Tacoma, WA 98409
allison(aampstudiollc.com
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.
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28.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
DocuSigned by:
Frerformer""
DATE: 4/10/2024
CITY OF AUBURN
DS DocuSigned by:
Or NAIL Einar,
DARYL FABER, DIRECTOR
PARKS, ARTS & RECREATION
DATE: 4/22/2024
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April 10, 2024
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