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HomeMy WebLinkAboutRachael Dotson (3) r AGREEMENT FOR PROFESSIONAL SERVICE THIS AGREEMENT is made and entered into this day of 011 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Rachael Dotson whose address is, 730 S. Vassault Street, Tacoma WA 98465 , herein referred to as "ARTIST". WHEREAS, the CITY is coordinating Auburn Riverside High School Artist in Residence and Mural Project with ARTIST to provide Mural Artwork in Auburn, Washington; and WHEREAS, the ARTIST has agreed to perform the work in compliance with the terms and conditions of this Agreement; WHEREAS, the CITY seeks to enter into partnership with Auburn Riverside High School, herein referred to as SCHOOL to provide an education opportunity to students. 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: Work as an artist in residence for the design and the creation of a mural on the cement wall adjacent to the White River Trail behind Ilalko Elementary School. 1. SITE OF PERFORMANCE The ARTIST will conduct its service at the following location, herein referred to as "VENUE". Auburn Riverside High School, 501 Oravetz Road Auburn Riverside Artist in Residence - Mural Agreement - Rachael Dotson Page 1 of 4 1 White River Trail (outside) 4. REQUIREMENTS 1. The CITY shall provide the following: Background check for the ARTIST Payment as noted in section 5. Coordination of dedication and mural completion recognition Powerwash the wall prior to painting and removal of plant, lichen and other materials Use of a generator during the weekdays and to be stored in a secure location 2. The SCHOOL shall provide the following: Staff coordination and supervision of student Art Club Classroom space for Artist and Art Club Students to meet on a regular basis Coordinate storage facilities for supplies Permission slips and communication with parents of students participating including any and all waivers for use of materials 3. The ARTIST shall provide the following: Management and oversight of the design and all aspects of the project All supplies unless otherwise noted or agreed upon 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 six thousand five hundred dollars and 00/100 ($6500.00) service fee, inclusive of travel and 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 mailed to the ARTIST upon signature of this contract. B. A payment of Two thousand - five hundred dollars and 00/100 ($2500.00) will be mailed to the ARTIST upon approval of design. C. A payment of Two thousand dollars and 00/100 ($2000.00) will be mailed to the ARTIST or his/her designee immediately following completion of all services. Auburn Riverside Artist in Residence - Mural Agreement - Rachael Dotson Page 2 of 4 r 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 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 Rachael Dotson 730 S Vassault Street Tacoma, WA 98465 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. Auburn Riverside Artist in Residence - Mural Agreement - Rachael Dotson Page 3 of 4 9 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. Cl Y OF AUB PETER B. LEWIS, MAYOR RACHAEL DOTSON Tax ' ATTEST: A)a~L,0.0-~ Danielle Daskam, City Clerk APP D S TO FORM: Daniel B. Heid, City Attorney Auburn Riverside Artist in Residence - Mural Agreement - Rachael Dotson Page 4 of 4