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HomeMy WebLinkAbout2025-0530 - - 2026_Performance_Petpalooza_Canine Stars - Canine Stars Docusign Envelope ID:47920EF9-FA16-4F05-A19D-62530374F59B AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 7th day of November 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 16, 2026. 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 50ft x 70ft wide footprint, a 10,000 watt generator for 110v power for sound system. Space for Agreement—Canine Stars 26 Page 1 of 8 Docusign Envelope ID:47920EF9-FA16-4F05-A19D-62530374F59B Sprinter van parked backstage. ARTIST may need to run AC unit if it's hot out. 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 nine thousand one hundred dollars and no/100. ($9,100.00). 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$1,820.00 (20% of total amount due) and paid via check after the contract has been signed, in January of 2026. The remainder($7,280.00)will be handed to the ARTIST immediately following the services rendered on May 16, 2026. Additionally, the CITY shall reserve 1 pet-friendly hotel room with two beds with hotel check-in, under the name Keri Caraher, on Thursday, May 14, 2026 and check-out on Sunday, May 17, 2026. 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. Agreement—Canine Stars 26 Page 2 of 8 Docusign Envelope ID:47920EF9-FA16-4F05-A19D-62530374F59B 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 resulting from the acts, omissions, professional errors, faults, mistakes, or negligence of the ARTIST, its employees, agents, representatives, or subcontractors, including employees, agents, or representatives of its 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. 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. 13. INSURANCE The ARTIST 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 ARTIST, its agents, representatives, or employees. ARTIST's maintenance of insurance as required by the Agreement will not be construed to limit the liability of the ARTIST to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Agreement—Canine Stars 26 Page 3 of 8 Docusign Envelope ID:47920EF9-FA16-4F05-A19D-62530374F59B The ARTIST 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 (ARTIST may use a substitute form providing equivalent liability coverage). ARTIST will maintain automobile insurance with minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. b. Commercial General Liability insurance will be at least as broad as ISO occurrence form CG 00 01 and will cover liability arising from premises, operations, stop-gap independent contractors, personal injury and advertising injury, and liability assumed under an insured contract. The CITY will be named as an additional insured under the ARTIST's Commercial General Liability insurance policy with respect to the work performed for the CITY using an additional insured endorsement at least as broad as ISO Additional Insured endorsement CG 20 26, 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 ARTIST's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the ARTIST's insurance and shall not contribute with it. On request, the ARTIST 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 Agreement before commencement of the services. If the ARTIST maintains higher insurance limits than the minimums shown above, the City will be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the ARTIST, irrespective of whether such limits maintained by the ARTIST are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the ARTIST. Failure by the ARTIST 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 ARTIST 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 ARTIST from the City. Agreement—Canine Stars 26 Page 4 of 8 Docusign Envelope ID:47920EF9-FA16-4F05-A19D-62530374F59B 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 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. Agreement—Canine Stars 26 Page 5 of 8 Docusign Envelope ID:47920EF9-FA16-4F05-A19D-62530374F59B 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. CONSTRUCTION Agreement—Canine Stars 26 Page 6 of 8 Docusign Envelope ID:47920EF9-FA16-4F05-A19D-62530374F59B 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 Amanda Valdez City of Auburn 910 Ninth Street SE Auburn, WA 98002 253-804-5049 1 avaldez@auburnwa.gov ARTIST Canine Stars Stunt Dog Show ATTN: Keri Caraher 3437 Oregon Trail Fort Collins, CO 80526 970-930-1191 1 Keri(&,TheCanineStars.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. ARTIST Agreement—Canine Stars 26 Page 7 of 8 Docusign Envelope ID:47920EF9-FA16-4F05-A19D-62530374F59B e—DocuSigned by::., 1^ kri �a1 cdlQ7RR/1QRAAA Performer ARTIST TAX ID#: 45-4472725 DATE: 11/7/2025 CITY OF AUBURN ,—Signed by: II�/rJiitial ^I I 19D \--1-GFU/bLJ4111U411 (� r JULIE KRUEGER, DIRECTOR PARKS, ARTS & RECREATION 11/7/2025 DATE: ,—Signed by: a .aNua �a�� � ‘..--F711FC l7FF7AAPF AMANDA VALDEZ, COORDINATOR PARKS, ARTS & RECREATION DATE: 11/6/2025 Agreement—Canine Stars 26 Page 8 of 8 Docusign Envelope ID:47920EF9-FA16-4F05-A19D-62530374F59B the anineestars STU \T DOG SI IOW PERFORMANCE CONTRACT This Contract represents an agreement between Auburn's Pet Palooza("Event"),represented by Amanda Valdez,and The Canine Stars, Inc.("Entertainer"),for Canine Stars Project ID:2026-05 WA-AUBURN'S PET PALOOZA in Auburn,WA,USA for 1 day(s)of shows from Sat May 16,2026 to Sat May 16,2026.The Event wishes to engage the Entertainer subject to the terms and conditions as follows: ENTERTAINER will provide stunt doa 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 followina: 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$9,100.00.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. 2025-11- 11/5/2025 03T21:54:28.441Z Amanda Valdez Date Keri Caraher, President Date Docusign Envelope ID:47920EF9-FA16-4F05-A19D-62530374F59B e The Canine Stars Stunt Dog Show ~canine*stars (970)930-1191 Info@TheCanineStars.com CORPORATE/MAILING ADDRESS: ST U \T D 0 G S I I O V/� / V 3437 Oregon Trail,Fort Collins,CO 80526 TRAINING FACILITY: Rockstar Ranch,1084 County Road 162,Pine Bluffs,WY 82082 Quote Date: 2025-08-08 US EIN:45-4472725 Quote Expiration Date: 2025-08-31 CANADA BN:799126479-RC0001 Quote Accepted Date: Auburn's Pet Palooza Event Start Date: Sat May 16, 2026 Auburn WA USA Event End Date: Sat May 16, 2026 Amanda Valdez 253-804-5049 Total Show Days: 1 avaldez@auburnwa.gov Show Time(s): 10:15am,12:15am, 2:15pm, 4:15pm QUOTE Fee Total (USD) The Canine Stars Stunt Dog Show- Full Setw/ Ball Pit Pool 3 @$3000 $9,000.00 Discount for booking more than 8 months in advance. 10% off-900 Additional Show(4th show) $1,000.00 Grand Total $9,100.00 SHOW RIDER Canine Stars onsite contact: TBD The Canine Stars Stunt Dog Show-Full Setw/ Ball Pit Pool Setup&Arrival Date: Fri May 15,2026 Arrival time est.: 10am Up to 3 shows daily,approx.25 minutes each show,plus a 5-10 Teardown&Departure Date: Sat May 16,2026 minute'meet and greet'with the audience after each show. Departure time est.: 9pm 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:50ft x 70ft wide,includes space for RV parked Forklift Required: No backstage w/50amp power and 110v for inflateable pool fan and Hotel Required: 1 pet-friendly room with 2 sound system. beds Hotel Name: TBD Hotel Check-in: 2026-05-14 Hotel Check-Out: 2026-05-17 Canine Stars booking confirmed by: Quote accepted by: 11/3/20254 11/5/2025 Keri Caraher, President Date Amanda Valdez 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.