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HomeMy WebLinkAboutSharon Maddax AGREEMENT FOR VENDOR/ENTERTAIMENT SERVICE 4 THIS AGREEMENT is made and.entered into this I'D day of b 2011 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Sharon Maddax whose address/i'c/725),~ C,/ac qU 37th St. SE, #53, Auburn, WA.98002, herein referred to as "VENDOR". fir ~ WHEREAS, the CITY is coordinating Auburn's 4th of July Festival with VENDOR to provide DJ services in Auburn; Washington; and WHEREAS, the VENDOR has agreed to perform the work in compliance with the terms and conditions of this Agreement; NOW THEREFORE, the CITY and VENDOR in consideration of the conditions and covenants herein do agree as follows: 1. RETENTION OF VENDOR The CITY does hereby retain the VENDOR to perform the work and services described herein. The parties agree;that the VENDOR is an independent contractor and shall.furnish:all.supervision, labor, and all.other incidentals except as specifically, provided herein and the VENDOR 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 VENDOR agrees to provide the following specific services: DJ Services at Auburn's 4th of July Festival, from 11:00am - 4:000m on Monday, July 4, 2011. 3. SITE OF PERFORMANCE The VENDOR will conduct its service at the following location, herein referred to as "VENUE". Les Gove_Park,.910.Ninth Street SE in Auburn. 4. REQUIREMENTS A. The CITY shall provide the following: m Access to power, (1) 6 ft table and (1) chair 4th of July D] services - 2011 .Agreement-,Sharon Maddax Pagel of 4 B. The VENDOR shall provide the following: • DJ equipment/sound system • adequate extension cables to access power. • canopy 5. COMPENSATION In consideration of the services to the CITY in connection with the VENDOR services, the VENDOR shall receive total compensation of a total of one hundred and seventy five dollars and no/100 ($175.00) service fee, inclusive of travel. 6. PAYMENT The VENDOR 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 VENDOR shall be in compliance with the regulations of the CITY Finance Department. The VENDOR agrees to be responsible for payment of any and all taxes, which may be due as a result of performance under this contract. A. A payment of $175.00 will be delivered to the VENDOR or his/her designee immediately following completion of services on July 4, 2011. 7. INDEMNIFICATION The VENDOR 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 including, 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 VENDOR, its agents, representatives and employees except where such claims arise solely from the negligent acts of the CITY, its agents, representatives or employees. 8. INABILITY TO PERFORM If VENDOR is incapacitated from rendering services through sickness or otherwise, or if VENDOR cannot perform because of fire, accident, act of God or impossibility of performance, the VENDOR shall not receive any compensation for the time during which the services have not been rendered. 4th of July DJ services - 2011 Agreement - Sharon Maddax Page 2 of 4 9. TERMINATION In the,event the VENDOR or.the CITY defaults or fails to comply with any of the requirements of thisAgreement, or any obligations hereunder, the CITY may at its option terminate-the Agreement: Such remedies'shall be in addition to any other right.or'reme'dyeach may have. 10. 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 Kristy- Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 VENDOR Sharon Maddax 72537 1h St. SE, #53 Auburn, WA 98002 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. 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 dete_ rmined'by`the laws of the State of Washington. D. The VENDOR 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 VENDOR agrees to comply with all applicable State and local laws, rules and regulations. 4th of July.DJ services - 2011 Agreement - Sharon Maddax Page ,3 of 4 L VENDOR r SHARON MADDAX VENDOR TAX- IQ#: \ . DATE: C~ CITY OF AUBURN DARYLFABER- PARKS; ARTS & RECREATION DIRECTOR DATE: Mul1\ CITY-,OF AUBURN KRISTY PAC CIARZ, SPECIAL EVENTS COORDINATOR DATE: 5-ho It i 4t' of July. DJ services - 2011 .Agreement - Sharon Maddax Page '4 of 4