HomeMy WebLinkAboutMauricio Roibalino
AGREEMENT FOR PROFESSIONAL SERVICE
THIS AGREEMENT is made and entered into this day of 2011
by and between'the City of Auburn, Washington, a Municipal Corporation of the State of
Washington herein referred to as "CITY" and, Mauricio Robalino whose address is,
935 South. Grant Avenue, Tacoma WA 98405 ,herein referred to as, "ARTIST".
WHEREAS, the CITY is coordinating Clean Sweep with ARTIST to provide
Mural Artwork and volunteer involvement j n 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. The„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: Design, paint
and lead volunteers for the creation of a mural at Auburn Avenue Theater
as part of Clean Sweep, Saturday, May 7, 2011 7:30 am - 3 pm.
3. SITE OF PERFORMANCE.
The ARTISTwill conduct its service at the following location, herein referred to as
"VENUE".
Downtown, Auburn (location weather dependant)
4. REQUIREMENTS
A. The CITY shall provide the following:
• Volunteers and staff assistance
Clean Sweep - Clean Sweep,Mural 2011
Agreement - Mauriclo Robalno
Page Y of 4
• Downtown location for storage prior and following the event
e Canopies, tables, access to water
Installation of the mural panels onto the building site
B. The ARTIST shall provide the following:
• Design sketches to be reviewed by city staff and commission
Purchase and delivery of all materials, boards, paints,
brushes and any and all specialty supplies
Final preparation of completed mural including protective
layer
5. COMPENSATION
In consideration of the services to the CITY in connection with the ARTIST
services, the ARTIST shall receive total compensation of a total of five
thousand dollars and no/100 ($5000.00) service fee, inclusive of travel and
all materials.
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.
A. A payment of two thousand dollars and no/100 ($2000.00) will be
requested upon signature of contract.
B. A payment of thousand dollars and no/100 ($2000.00) will be
delivered to th ist the day of the event (Saturday, May 7, 2011)
C. A payment of one thousand dollars and no/100 ($1000.00) will be
delivered to the ARTIST or his/her designee immediately following .
the completion of all services.
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
Clean Sweep - Clean Sweep Mural 2011
Agreement - Maurldo Robalno
Page 2 of 4
lf,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
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 Maricio Robalino
935 South Grant Ave
Tacoma, WA 98405
253-383-8087
Artgeopleancom
Either party may at anytime 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.
Clean Sweep - Clean Sweep Mural 2011
Agreement - Maurido Robalno
Page 3 of 4
E. In the performance of the work herein, the ARTIST agrees to comply with
all applicable State and local laws, rules and regulations.
ARTIST
Mauricio Robalino
DATE:
CITY OF AUBURN
DARYL FABER
PARKS, ARTS & RECREATION DIRECTOR
DATE: AWN11
CITY OF AUBURN
MAIJA MCKNIG
ARTS COORD~ OR
DATE: I2. ~~r-~ ( 2z1A I
Clean Sweep - Clean Sweep Mural 2011
Agreement - Mauricio Robalno
Page 4 of 4