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HomeMy WebLinkAboutWashington Owners of Flying Disc Dogs Club Z~p'910 71qZ AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 91" day of December, 2010 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Washington Owners of Flying Disc Dogs Club, ATTN: Robert Gutierrez, 1016 NE 72 Street, Seattle, WA, 98115, herein referred to as "ARTIST". WHEREAS, the Ct I Y desires to contract with the ARTIST to provide an artistic performance for the public in Auburn, Washington; and WHEREAS, the CITY has agreed to perform the work in compliance with the terms and conditions of this Agreement; NOW THEREFORE, the CITY and AR I IST in consideration of the conditions and covenants herein do agree as follows: 1. RETENTION OF ARTIST The CITY does hereby retain the ARTIST to perform the work and services described herein. The pdrties agree that the ARTIST is an independent contractor and shall furnish all supervision, labor, costumes, and all other incidentals except as specifically provided herein and the ARTIST agrees to conduct and complete the performance in a competent grid professional manner in accordance with the terms of this Agreement. 2. SCOPE OF WORK The ARTIST agrees to provide the following specific services in its artistic. performance: Three 30 minute performances at Petpalooza to take place on Saturday, May 21, 2011. Performances to be held at 11:00am, 2:30pm and 5:00pm. ARTIST will also coordinate the Skyhoundz Disc Dog Competition and provide open practice/ instruction and other games and activities from the howl of loam - 7pm, between performances. ARTIST is to arrive at the event site at 7:00am for set-up. ARTIST will provide sound system and other necessary supplies not provided by the CITY. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Game Farm Park, 3030 R ST SE in Auburn, 98002. Performances held rain or shine. Acreement - W00FD2 VeTV31007a ?011 F3P.C I of 1 The ARTIST agrees and represent, that it has inspected the site prior to the performance and accepts the premises in their present condition. The ARTIST further agrees to indemnify, defend and hold the Cl I Y harmless from any and all injury to any person or property arising out of the condition of or use of the site by the ARTIS f for its performance. 4. TECHNICAL REQUIREMENTS The CITY shall provide the following technical assistance for this performance: A 100'x 50' performance area and bleachers for spectators. The CITY will also provide a generator, 1 canopy. 1 table, 5 chairs, 2 - 20 foot sections of orange fencing, and 8 stakes. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIS I shall receive total compensation of Eight Hundred Dollars and No/100s ($800.00). 6. PAYMFNT 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. Payment shall be paid in 1 payment and given to the ARTIST in the form of a check at the conclusion of their performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: N/A. 8. 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 arising out of tho 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. 9. 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 - Aereement W00FD2 11aparnnza 2011 1'aFc 2 of 1 or impossibility of performance, the ARTIST shall not receive any salary for the time during which the sorvices have not been rendered. 10. 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 rnay have. 11. 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 of Auburn, 910 Ninth Street SF, Auburn, WA 98002; Washington Owners of Flying Disc Dogs Club, ATTN: Robert Gutierrez, 1016 NE 72 Street, Seattle, WA, 98115 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 tees 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. Apiccmcm WOOF112 Petpuloo.u 21111 Pup 3 of4 ARTIST ROBERT GUTIFRRF/ WOOFD2 ARTIST TAX ID#: DATE: 3 / CITY OF AUBURN D ARYL FABER Parks, Arts & Recreation Director (r 2 f r . DATE: ) KR STY PACHCIARZ Special Lvents Coordinator DATE: I Agrromenl - W0011)2 Perpaka»a 201 1 Pare. 4 or 4