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HomeMy WebLinkAboutPriscilla Valentie c/o Valentine's Performing Pigs AGREEMENT FOR ARTISTIC SERVICE rd ~ THIS AGREFMFNT is made and entered into this day of 2010 by and behvecn the City of Auburn, Washington, a Municipal Corporation of the Slate of Washington herein referred to as "CITY" and Priscilla Valentine c/o Valentine's Performing Pigs, 925 133rd Street Court NW, Gig Harbor, WA, 98332, herein referred to as "ARTIST". WHEREAS, the CITY 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-ond conditions of this Agreement; NOW THEREFORE, the CITY and ARTIST in consideration of the conditions and covenants herein do aqree as follows: 1. RETFN TION OF ARTIST 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, costumes, and all other incidentals except as specifically provided herein and the ARTIST agm-es 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 in its artistic performance: One 30 minute performance at Petpalooza to take place on Saturday, May 21, 2011. Performance is to be held from 6:00pm to 6:30pm and ARTISTS are to arrive at the site no later than 5:30 p.m. Following the performance, there will be a 15 minute'meet & greet' with the pigs. ARTIST is approved to sell souvenirs during this meet and greet. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Game Farm Park, 3030 R ST SE in Auburn, 98002 on an outdoor, covered stage. Performance is held rain or shine. Aprce.mcnt - \'ala nine's Performing, Pig_ - Pctparno/a 2611 Page I of 4 The ARTIST agrees and represents 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 CI 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 AR I IST for its performance. 4. TECHNICAL REOUIRFMENTS T he CITY shall provide the following technical assistance for this performance: Space beside the stage for set-up, two 6-foot tables and two pieces of white fencing. The City will provide a sound system (no wireless mic) and a sound tech. 5. (Y)MPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of Four Hundred Dollars and No/ 100s ($400.00). 5. 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. Payment shall be given to the ARTIST in the form of a check at the conclusion of their performance. 7. PROMOTIONAL RESPONSIBILITILS ARTIS I shall provide the following promotional materials to the CITY: N/A. S. INDFMNIFICATION 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 fur n of liability of any nature 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. 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 Aprecrnent - Valentine's 11erfuuning Pirc - Petpaluona 2011 I'age 2 of 4 God or impossibility Of perforruance, the AR FIST shall not receive any salary for the time during which the services have not been rendered. 10. TERM INAIION In the event the ARTIS I 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. 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: Cily of Auburn, 910 Ninth Street SE, Auburn, WA 98002; Priscilla Valentine c/o Valentine's Performing Pigs, 925 133'' ST CT NW, Gig Harbor, WA 98332. Either party may at any time designate a different address to which notices shall be sent. Notice given in accordance with these provisions shall he deemed received when mailed. 12. GENERAL PROVISIONS Tie 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 rnay 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. - Agreemcnl - Valcntinr's i'erforming Piggy - Prtpa:ooza 2011 fain 3 of 4 ARTIST PRISCILLA VALENTINE Valentine's Performing Pigs nelliestar@aol.rom ARTIST TAX 9844 DATE: _ C1 - L I C CITY OF AUBURN DAV^'~, R-L FABER Parks, Arts & Recreation Director DATE: KRI TY PACHCIARZ Special Events Coordinator DATE: AKrccmem - H1CIIl1nC's I'erfonniog Pigs - 1'elpulooza 2011 Pulse 4 of A