HomeMy WebLinkAboutJD Platt dba The K9 Kings
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this 7th 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 J.D. Platt dba The K9 Kings, 1361 NW
Federal Street, Bend, OR, 97701, 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
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 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 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 in its artistic
performance: Three to four 30 minute performances at Petpalooza
to take place on Saturday, May 21, 2011. Performances to be held
from 10:00am - 7:00pm; exact performance times to be
negotiated by CITY and ARTIST at a later date. ARTIST will also
provide meet & greet and pet area after each performance.
ARTIST is to arrive at the event site at 7:00am for set-up. ARTIST
has agreed to provide generator and sound system for
performance needs.
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.
The ARTIST agrees and represents that it has inspected the site prior to
the performance and accepts the premises in their present condition. The
Agreement - The K9 Kings
Petpalooza 2011
Page 1 of 4
ARTIST further agrees to indemnify, defend and hold the CITY harmless
from any and all injury to any person or property arising out of the
condition of or use of the site by the ARTIST for its performance.
4. TECHNICAL REQUIREMENTS
The CITY shall provide the following technical assistance for this
performance: A minimum 70'x 50' performance area and bleachers
for spectators. The CITY will also reserve one site at the Game
Farm Wilderness Campground, 2401 Stuck River Road, on Friday,
May 20 and Saturday, May 21 at no charge to ARTIST.
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic
performance, the ARTIST shall receive total compensation of One
Thousand Dollars and No/ 100s ($1,000.00).
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.
Payment shall be paid in 2 payments, a $500 deposit due upon
execution of artistic agreement and $500 due on May 21, 2011 at
the conclusion of performances.
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 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 God
Agreement - The K9 Kings
Petpalooza 2011
Page 2 of 4
or impossibility. of performance, the ARTIST shall not receive any salary for
the time during which the services 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 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-theā¢ respective-parties.as
follows:. City of Auburn,,,910 Ninth Street SE; Auburn,. WA 98002; 1.0.
Platt dba The K9 Kings; 1361 NW Federal Street, Bend, 0R, 97701
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
1
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
. the t _x_ .
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
i comply with all applicable State and local laws, rules and
regulations.
Ih
Agreement - The K9 Kings
Petpalooza 2011
Page 3 of 4
I,
h
a
ARTIST
3. D PLATT
The K9 Kings
ARTIST TAX ID#:
DATE: 2---'f I
CITY OF AUBURN
=1
s
DARYL FA ER
Parks, Arts & Recreation Director
DATE:
' KR STY PACHCIARZ-
Special Events Coordinator
i DATE:
I
.1
11
.I
;l
.I
Agreement - The K9 Kings
Petpalooza 2.011
Page 4 of 4
i
f
G-