HomeMy WebLinkAboutWashington Owners of Flying Disc Dogs Club
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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.
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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
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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.
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ARTIST
ROBERT GUTIFRRF/
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ARTIST TAX ID#:
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CITY OF AUBURN
D ARYL FABER
Parks, Arts & Recreation Director
(r 2 f r .
DATE: )
KR STY PACHCIARZ
Special Lvents Coordinator
DATE:
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