HomeMy WebLinkAboutClayton Green/Roving Reptiles
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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this! D ~day of May, 2004 by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington
herein referred to as "CITY" and Clayton Green, dba Roving Reptiles, 17805 28th Avenue
Southeast, Bothell, Washington, 98012 (Telephone: 425-483-2031), 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 ohhis 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 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: One (1) forty-five minute performance on the Kids' Stage from
1:30 p.m. to 2:15 p.m. on Sunday, July 4, 2004. ARTIST must be at the site
and ready to perform no later than 1:00 p.m.
3. SITE OF PERFORMANCE
The ARTIST will conduct his/her performance at Les Gove Park, 11th and
Auburn Way South, Auburn, W A.
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A;reement - Roving Reptiles/Clayton Green
4 of July
May 3, 2004
Page 1 of4
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4. TECHNICAL REOUIREMENTS
The CITY shall provide the following technical assistance for this performance:
CITY will provide portable sound system.
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic
performance, the ARTIST shall receive total compensation of Two Hundred
Ninety-Five and no/l00 Dollars ($295.)
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 provided to the ARTIST
upon completion of the performance on Sunday, July 4, 2004. Contracts
must be signed and returned to CITY no later than 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 at least two (2) black-and-white or color
photos.
8. INDEMNIFICATION
The ARTIST agrees to indemnify, defend and hold the CITY, its agents,
representatives and employees harmless from and against any and all claims,
causes of action or demands or any form of liability of any nature 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.
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Alreement - Roving Reptiles/Clayton Green
4 of July
May 3, 2004
Page 2 of 4
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10. PERFORMANCE RAINOUT
In the event of inclement weather, the CITY will contact the ARTIST by 9:00
a.m. on Sunday, July 4, 2004, to inform ARTIST if the performance will be
moved indoors to the Les Gove Multipurpose Building. ARTIST must
provide a telephone number where he/she can be reached at 9:00 a.m. 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% of the fee. If the CITY makes cvcry
attempt to contact the ARTIST, and the ARTIST arrives on the site unaware
of the cancelled performance, the ARTIST shall not receive any salary.
II. 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:
Lori Patrick
City of Auburn
910 Ninth Street SE
Auburn, W A 98002
Clayton Green
dba Roving Reptiles
17805 28th Avenue SE
Bothell, W A 98012
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.
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.
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A~reement - Roving Reptiles/Clayton Green
4 of July
May 3, 2004
Page 3 of4
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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.
E. In the performance of the work herein, the ARTIST agrees to comply with
all applicable State and local laws, rules and regulations.
ARTIST
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CLAYTON GREEN DBA ROVING REPTILES
ARTIST TAX ID#:
DATE: ~ I '-j - 0 L¡'
ContactTelephone: '-(2-S-c.. 'i '8-"']- z-.c.::>3 /
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PETE B. LE\jIS, MAYOR
DATE: ~ .l3IPy
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Alreement - Roving Reptiles/Clayton Green
4 of July
May 3, 2004
Page 4 of4
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