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HomeMy WebLinkAboutThe Konzelman Family "'-"5.1(.6 ORIGIN~L AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this ~ay of May, 20041 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and The Konzelman Family, c/o Joan M. Konzelman, 6215 Pioneer Way East, Puyallup, W A 98371 (Telephone: 253-840-8133 or the cell number, 253-222-6899), 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: 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 independf'nt 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 ofthis Agreement. 2. SCOPE OF WORK The ARTIST agrees to provide the following specific services in its artistic performance: One 45-minute performance by Tbe Konzelman Family for tbe "Shades of Summer in the Park Kids' Summer Sounds" series 011 Wednesday, August 11, 2004 from noon to 12:45 p.m. Artist must be on site by 11:00 a.m. and ready to perform by 11:45 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 Konzelman Family May 10, 2004 Page I of4 50S Kids 4. TECHNICAL REQUIREMENTS The CITY shall provide the following technical assistance for the performance: Sound equipment consisting of one (1) 24-channel mixer; two (2]1 powered floor monitors; two (2) 15" powered speakers; eight (8) microphones; nine (9) stands; two (2) direct input boxes; one (1) Nano Verb effects unit; guitar cablcs, mic cables and speaker cables; one (1) CD player; and a ¡technician to operate the sound equipment.. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of Eight Hundred Fifty and No/I00 Dollars ($850.00). 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 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 ofthe performance on Wednesday, August 11,2004. Contracts must be signed and return by close of business on Wednesday, June 16, 2004 for payment on August 11, 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 agents, representatives and employees harmless fÌ'om and against any and all claims, causes of action or demands or any form of liability of any nature inc:iuding, 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 fÌ'om the negligent acts of the CITY, its agents, representatives or employees. 9. INABILITY TO PERFORM If ARTIST is incapacitated fÌ'om rendering services through sickness or otherwise or if ARTIST cannot perform because of fire, accident, act of God or impossibility -----------------------------------._------ Agreement- The Konzelman Family May 10,2004 Page 2 of 4 50S Kids of performance, the ARTIST shall not receive any salary for the tiffil~ during which the services have not been rendered. 10. PERFORMANCE RAINOUT In the event of inclement weather, the CITY will contact the ARTIST by 10:00 a.m. on Wednesday, August 11, 2004 to determine ifthe pl:rformance will be moved indoors to the Auburn Senior Center. ARTIST must provide a telephone number where he/she can be reached at 10:00 a.m. on the morning ofthe performance. The contact number must be included on the signed contract. 11. TERMINATION In the event the ARTIST or the CITY defaults or fails to comply wi~11 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 ARTIST The Konzelman Family c/o Joan M. Konzelman 6215 Pioneer Way East Puyallup, W A 98371 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. 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. ------------------------------------------- Agreement- The Konzelman Family May 10. 2004 Page 3 of4 SOS Kids D. The ARTIST agrees to pay all reasonable costs, attorney's fe'~s 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 Ûlrzu>v 'ÿV\. (tJ'1>1.:z.~~ 1fþAN M. KONZELMAN FOR THE KONZELMAN FAMIL Y ARTIST TAX #: DATE: -QU.i\.L.- Id-, ;)-oð'/ Contact PtIone: ,~53 - '¿¡'it> '-¿?/33 &.L1 .;153 - ~~~ - &á''l'1 L ~~) JS3 - J;J.;;).' 1;)..5'& L !tkõ) CITY OF RN PETER B. L WIS, MAYOR C. {7---iO Y ~ ~ -... DATE: -~--------------------._------------------- Agreement- The Konzelman Family May 10,2004 Page 4 of4 50S Kids .------....