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HomeMy WebLinkAboutClowns Unlimited 1\1:. (: f: Pi ¡(;fe' uJN;:': /1I1J4 t-t3.lb5 ORIGIN~L AGREEMENT FOR PROFESSIONAL SERVICE THIS AGREEMENT is made and entered into this 3ð~ day of June, 2004 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Clowns Unlimited, P. O. Box 46873, Seattle, Washington 98146 (Telephone: 1-800-763-3236), herein referred to as "CONTRACTOR" . WHEREAS, the CITY desires to contract with the CONTRACTOR to provide games entertainment 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 CONTRACTOR in consideration of the conditions and covenants herein do agree as follows: L RETENTION OF CONTRACTOR The CITY does hereby retain the CONTRACTOR to perform the: work and services described herein, The parties agree that the CONTRACTOR is an independent contractor and shall furnish all supervision, labor, costumes, and all other incidentals except as specifically provided herein and the CONTRACTOR agrees to conduct and complete the performance in a competent and professional manner in accordance with the te:rms of this Agreement. 2, SCOPE OF WORK The CONTRACTOR agrees to provide the following specific services in its performance: Puffer The Train, Twisted Twister, 25' Carousel Bouncer, Xtreme Rush Obstacle Course, 25' Mini Slide, Aquatic Adventure, and all necessary generators, together with the appropriate number of staff to set up and run cach game on ]/riday, June ]8,2004 from 11:00 a.m. to 4:00 p.m. ----------.-....__._-----------------------.-..._--------------- Ag~emc::nt for Professioml Services - Clowns Unlimited June 9, 2004 Page 1 of4 3, SITE OF PERFORMANCE The CONTRACTOR will conduct its performance at KidsDay, ~¡;ame Farm Park, 3030 R Street SE, Auburn. 4, TECHNICAL REOUIREMENTS The CITY shall provide the following technical assistance for this performance: N/A 5, COMPENSATION In consideration of the services to the CITY in connection with the professional performance, the CONTRACTOR shall receive total compensation of two thousand, three hundred eighty-nine and 80/100 dollars ($2,389.80). 6. PAYMENT The CONTRACTOR 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 s'~rvices rendered under the terms of this Agreement. The payment to the CONTRACTOR shall be in compliance with the regulations of the CITY Finance Department. The CONTRACTOR agrees to be responsible for payment of any and all taxes, which may be due as a result of performance under this contract. Contracts must be signed and returned by June 16tb,2004. If signed contracts are signed and returned to CITY by that date, a check for the full amount will be mailed to CONTRACTOR on July 7, 2004. 7. PROMOTIONAL RESPONSIBILITIES CONTRACTOR shall provide the following promotional materials to the CITY: N/A. 8. INDEMNIFICATION The CONTRACTOR agrees to indemnify, defend and hold the CITY, its agents, representatives and employees harmless ITom 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 CONTRACTOR, its agents, representatives and employees except where such claims arise solely ITom the negligent acts of the CITY, its agents, representatives or employees. ---------------.-.---------------------------------------------. Agreement for Professional Services- Clowns Unlimited June 9, 2004 Page 2 of 4 9. INABILITY TO PERFORM If CONTRACTOR is incapacitated ITom rendering services through sickness or otherwise, or if CONTRACTOR cannot perform because of fire, accident, act of God or impossibility of performance, the CONTRACTOR shall not receive any salary for the time during which the services have not been rendered. 10. TERMINATION In the event the CONTRACTOR 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. I L 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 of Auburn, 25 West Main Street, Auburn, WA 98001; Clowns Unlimited, P. O. Box 46873, Seattle, WA 98146. Either party may at any time designate a different address to whi,;h notices shall be sent. Notice given in accordance with these provisions shall be deemed received when mailed. 12. 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 CONTRACTOR 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 CONTRACTOR agrees to comply with all applicable State and local laws, rules al1d regulations. .---...--------------------------------------------------------- Agreement for Professioœl Services - Clowns Unlimited June 9, 2004 Page 3 of4 --------------------------------------....-----------.---------- Agreement for Professional Services- Clowns Unlimited June 9, 2004 Page 4 of 4 CONTRACTOR ÚW-- BOB WASHBURN CLOWNS UNLIMITED --- CONTRACTOR TAX ID#: DATE: 0/Í(~// CITY ----- ;;;;;;;? PET B. LEWIS MAYOR G,Lu¿o"i:_ __ ------ DATE: