HomeMy WebLinkAboutKelly Eisenhour
i
?ifs B(/R/
~
AGREEMENT FOR PROFESSIONAL SERVICE AfAY Orr/ %r
?Oil
THIS AGREEMENT is made and entered into this day of MQL4A 2011
by and between the City of Auburn, Washington, a Municipal Corporation of the State of
Washington herein referred to as "CITY" and Kelly Eisenhour whose address is, 937
Stone Brook Drive SW, North Bend, WA 98045, herein referred to as "ARTIST".
WHEREAS, the CITY is coordinating Opening of the Downtown Artwalk with
ARTIST to provide a musical performance in Auburn, Washington; and
WHEREAS, the ARTIST 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 VENDOR
The CITY does hereby retain the ARTIST to perform the work and services
described herein. TK6 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: Jazz Standards
Duet performance on Friday, May 13, 4:15 - 5:15 pm as part of the Opening
of the Art Walk events
3. SITE OF PERFORMANCE
The ARTIST will conduct its service at the following location, herein referred to as
"VENUE".
City Hall Plaza, 25 W.Main
4. REQUIREMENTS
A. The CITY shall provide the following:
Dedication of Plaza Park
Artist Agreement Kelly Eisenhour
• Medium PA and (2) microphones and stands (techical details
to be provided)
• 10'x 10' tent
B. The ARTIST shall provide the following:
• Arrive with adequate time to set-up
• A high quality musical experience
5. COMPENSATION
In consideration of the services to the CITY in connection with the ARTIST 011~
services the ARTIST shall receive total compensation of to alofthree
dre ol7arsan r o1;O;b3000' service fee, inclusive of travel.
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.
7. 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 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
ARTIST, 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 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 compensation for
the time during which the services have not been rendered.
9. 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
Dedication of Plaza Park
Artist Agreement - Kelly Eisenhour
its option terminate the Agreement. Such remedies shall.be in addition to any
other right or remedy each 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 Maija McKnight, Arts Coordinator
City of Auburn
910 Ninth Street SE
Auburn, WA 98002
ARTIST Kelly Eisenhour
937 Stone Brook Drive SW
North Bend, WA 98045
Choral Director
Green River Community College
keisenhour@greendver.edu
253-833-9111 ext. 4220
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 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.
-
Dedication of Plaza Park
Artist Agreement - Kelly Eisenhour -
ARTIST .
Kelly Eisenhour
Choral Director
Green River Communi ollege
keisenhour@greenriver.edu
253-833-9119 ext. 4220
TAX' 7801
DATE: L ` l
CITY OF AUBUR
DARYLFABER
PARKS, ARTS & RECREATION DIRECTOR
DATE:
CITY O UBURN
Julie B r
Arts and Events Manager
DATE: l l
Dedication of Plaza Park
Artist Agreement - Kelly Eisenhour