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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