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HomeMy WebLinkAboutClayton Green/Roving Reptiles I"\"v ('/A! !~ J Vi'¡U "...- 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. .................................................................. A;reement - Roving Reptiles/Clayton Green 4 of July May 3, 2004 Page 1 of4 ....~---- ----,-.-- -.--. 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. .........................................."".................... Alreement - Roving Reptiles/Clayton Green 4 of July May 3, 2004 Page 2 of 4 -------------~~._-----_..__.__._-~-- 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. ...............................................,.................. A~reement - Roving Reptiles/Clayton Green 4 of July May 3, 2004 Page 3 of4 - '_._~_._--_._--_.~~-_._._._.,. 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 ~cr'~ CLAYTON GREEN DBA ROVING REPTILES ARTIST TAX ID#: DATE: ~ I '-j - 0 L¡' ContactTelephone: '-(2-S-c.. 'i '8-"']- z-.c.::>3 / IP PETE B. LE\jIS, MAYOR DATE: ~ .l3IPy , ---- ~ ~ .................................................................. Alreement - Roving Reptiles/Clayton Green 4 of July May 3, 2004 Page 4 of4 -......-.------.--