HomeMy WebLinkAboutWilliam Jarcho/Zambini Brothers
(}...-3.i(p.5
ORIG/~L1L
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this ./-li!!ßay of May, 200'1 by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington
herein referred to as "CITY" and William Jarcho dba The Zambini Brothers c/o LeapFrog
Entertainment, P. O. Box 1804, Snoqualmie, Washington 98065 (Telephone: 425-831-2109),
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 CITY 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:
I. 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 exœpt as
specifically provided herein and the ARTIST agrees to conduct and I~omplete 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: Two-hours of strolling entertainment with dinosaur and
salmon puppets from noon to 2:00 p.m. on Sunday, July 4, 2004. ARTIST
must be on site by 11:30 a.m.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Les Gove Park, 11th and Auburn
Way South, Auburn, Washington.
-------------------------------------------
Agreement - The Zambini Brothers
April 29, 2003
Page I of4
41h of July
4. TECHNICAL REOUIREMENTS
The CITY shall provide the following technical assistance for the performance:
CITY to provide parking close to performance area and two helpers to assist
ARTIST operating puppets.
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic
performance, the ARTIST shall receive total compensation of Seven Hundred
and No/IOO Dollars ($700.00).
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 complianœ 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 provided to thE' ARTIST
upon completion ofthe performance on Sunday, July 4, 2004. Contracts
must be signed and return by close of business on Tuesday, June, 1,2004 for
payment on July 4, 2004.
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY:
Promotional packet including two black-and-white or color photographs.
8. INDEMNIFICATION
The ARTIST agrees to indemnify, defend and hold the CITY, its age'nts,
representatives and employees harmless from and against any and alii claims,
causes of action or demands or any form of liability of any nature induding, but
not limited to any copyright infringements for musical performances, arising out
of the performance and obligations contained in this Agreement on the part of the
ARTIST, its agents, representatives and employees except where such claims arise
solely from the negligent acts of the CITY, its agents, representatives or
employees.
9. INABILITY TO PERFORM
If ARTIST is incapacitated from rendering services through sickness or otherwise
or if ARTIST cannot perform because of fire, accident, act of God or impossibility
of performance, the ARTIST shall not receive any salary for the time during
which the services have not been rendered.
~------------------------------------------
Agreement - The Zambini Brothers
April 29, 2003
Page2of4
4th of July
10. PERFORMANCE RAlNOUT
In the event of inclement weather, the CITY will contact the ARTIST by
9:00 a.m. on Sunday, July 4, 2004 to inform the ARTIST ifthe ~Ierformance
will be moved indoors to the Auburn Senior Center. ARTIST must provide a
telephone number where he/she can be reached at 9:00 a.m. on the morning
of the performance. This contact number must be included on the returned
signed contract.
Should the performance be cancelled due to inclement weather, the
performer will be compensated 10% ofthe fee. If the CITY makes every
attempt to contact the ARTIST, and the ARTIST arrives on the site unaware
of the cancelled performance, the ARTIST shall not receive any salary.
11. 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.
12. NOTICES
Any notice required or permitted under this Agreement may be personally served
or given in writing and shall be deemed sufficiently given or served if sent by
registered or certified mail addressed to the respective parties as follows:
CITY
Lori Patrick
City of Auburn
910 Ninth Street SE
Auburn, W A 98002
William Jarcho dba The Zambini Brothers
c/o LeapFrog Entertainment
PO Box 1804
Snowqualmie, W A 98065
ARTIST
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 d(:emed
received when mailed.
13. 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.
----------.---------------------....-------
Agreement - The Zambini Brothers
April 29, 2003
Page 3 of4
4th of July
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 fe,es and
expenses that may be incurred by the CITY in enforcing the provisions of
this Agreement. .
E. In the performance of the work herein, the ARTIST agrees to comply with
all applicable State and local laws, rules and regulations.
ARTIST
ARTISTT AX '[ 107-4'-'860
DATE: '5 L \..
Contact Phone: ú{ i(,)- cU IfR
CITY OF AUBURN
~--
~?
PETE B. LEWIS, MA YpR -
DATE: ~ G r 01../
-----------------.------------.------------
Agreement - The Zambini Brothers
April 29, 2003
Page4of4
4th of July