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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.
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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.
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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.
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Agreement for Professioœl Services - Clowns Unlimited
June 9, 2004
Page 3 of4
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Agreement for Professional Services- Clowns Unlimited
June 9, 2004
Page 4 of 4
CONTRACTOR
ÚW--
BOB WASHBURN
CLOWNS UNLIMITED
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CONTRACTOR TAX ID#:
DATE: 0/Í(~//
CITY
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PET B. LEWIS
MAYOR
G,Lu¿o"i:_ __
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