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HomeMy WebLinkAbout2024-0018 - - Performance Contract_Simply Magic, LLC_2025 - Docusign Envelope ID:2F590B84-0784-4D88-8D15-468130256595 AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 13th day of September, 2024,by and between the City of Auburn,Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Simply Magic, LLC, whose address is 2423 Abernethy Road NE, Olympia,WA 98516,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: A 60-minute magic performance on Wednesday,July 30, 2025 from 12:00PM— 1:00PM as part of Auburn's Kids Summerstage. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at: Les Gove Park, 910 Ninth Street SE, Auburn,WA 98002 herein referred to as "VENUE" 4. REQUIREMENTS The CITY shall provide the following for this performance: access to electricity, covered performance area, one table and bottled water. Sound system provided by ARTIST for performance. Agreement—Jeff Evans I Simply Magic, LLC Kids Summerstage_2025 Page 1 of 7 Docusign Envelope ID:2F590B84-0784-4D88-8D15-468130256595 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of six hundred dollars and no/100. ($600.00). 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. 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. 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. Agreement—Jeff Evans I Simply Magic, LLC Kids Summerstage_2025 Page 2 of 7 Docusign Envelope ID:2F590B84-0784-4D88-8D15-468130256595 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 N/A. Performance is held rain or shine,with the option to possibly move indoors. 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. 13. 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. 14. 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 Agreement—Jeff Evans I Simply Magic, LLC Kids Summerstage_2025 Page 3 of 7 Docusign Envelope ID:2F590B84-0784-4D88-8D15-468130256595 liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 15. 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. 16. 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. 17. 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. 18. 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 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. 19. 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. 20. ENTIRE AGREEMENT Agreement—Jeff Evans I Simply Magic, LLC Kids Summerstage_2025 Page 4 of 7 Docusign Envelope ID:2F590B84-0784-4D88-8D15-468130256595 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. 21. 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. 22. 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. 23. 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). 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. Agreement—Jeff Evans I Simply Magic, LLC Kids Summerstage_2025 Page 5 of 7 Docusign Envelope ID:2F590B84-0784-4D88-8D15-468130256595 24. 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. 25. 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 Kristy Pachciarz City of Auburn 910 Ninth Street SE Auburn, WA 98002 253-931-3052 I kpachciarz@auburnwa.gov ARTIST Jeff Evans Simply Magic, LLC 2423 Abernethy Road NE Olympia,WA 98516 253-988-6563 (cell) I jeff@amazementproductions.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. 26. 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. Agreement—Jeff Evans I Simply Magic, LLC Kids Summerstage_2025 Page 6 of 7 Docusign Envelope ID:2F590B84-0784-4D88-8D15-468130256595 ARTIST DocuSigned by: Performer------ ARTIST TAX ID#: 47-1214195 DATE: 9/20/2024 CITY OF AUBURN Initial ,-DocuSigned by: juj Parts, Fah-Vs • �JO/14/�OJU44i141! DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: 9/20/2024 14.0,&k,01aA4 KRISTY PACHCIARZ PARKS, ARTS & RECREATION DATE: 9/13/2024 Agreement—Jeff Evans I Simply Magic, LLC Kids Summerstage_2025 Page 7 of 7