HomeMy WebLinkAboutMary Ellen Bowers AGREEMENT FOR PROFESSIONAL SERVICE
THIS AGREEMENT is made and entered into this 22 day oL June 2012 by
and between the City of Auburn, Washington, a Municipal Corporation of the State of
Washington herein referred to as "CITY" and
Ha r4 C 1 IfA rJd Lt1-e�-S (name) whose address is,
fan te) (address) herein referred to as "ARTIST"
WHEREAS, the CITY is coordinating Auburn's Piano's on Parade with ARTIST
to provide decoration and modification of one piano as a temporary artwork
Installation in Auburn, Washington; and
WHEREAS, the ARTIST 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 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: To artistically
alter, paint, modify, decorate a piano in an artistic fashion that does ngt
impact the playability of the instrument. Work will take place in the
timeframe between July 9 and July 31, 2012.
3. SITE OF PERFORMANCE �v1
The ARTIST will conduct its service at the following location, herein referred to as J
"VENUE"
Downtown Auburn, 108 South Division St, Suite D, Auburn, WA 98002
Aubum's ArtRageous Art Festival 2012
Artist Agreement—Pianos on Parade
4. REQUIREMENTS
A. The CITY shall provide the following:
• One Piano
• Secure location At 108 South Division St, Suite D in which
artist can work
• Coordination to access to the location
• Movement of the piano to outside location for three weeks
and storage
B. The ARTIST shall provide the following:
• Completed artistically modified,/painted/decorated piano that
is reasonably weather resistant
• All supplies necessary
• Completion between July 9 and July 31, 2012
• Covering for the floor and reasonable are of interior location
• A draft proposal of the proposed design prior to initiating
work
5. COMPENSATION
In consideration of the services to the CITY in connection with the ARTIST c�
services, the ARTIST shall receive total compensation of Two Hundred and
Fifty Dollars ($250) service fee, inclusive of travel.
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 tip'
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.
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 perfonnance and obligations contained in this Agreement on the part of the 'j
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 111-
otherwise, or if ARTIST cannot perform because of fire, accident, act of God or
Aubum's ArtRageous Art Fesdval 2012
Artist Agreement g—Pianos on Parade
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
253-8045043
m.mcknight@a(gbumwa.gov
ARTIST Maru r'll'uti nI.J'e�
('90 (D 5-�- Arne -E
Boy\nf::�j LO-ULO-U.- i v3A 98S�1
Phone: 0-5 3— 39 I-a( (e�
Email: m0.,rH el�z�v\ 500e ComCtms v'\E4
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.
Aubum's ArtRaggeous Art Festival 2012
Artist Agreement=Pianos on Parade
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.
ARTIST
Name 2
TAX ID#- 5q4-5-4 —yak
DATE. oIa
-aa-�a-
CITY OF AUBURN
DARYLFABER
PARKS, ARTS & RECREATION DIRECTOR
DATE:
CITY OF AUBURN
MAIJA MCK T
ARTS COOK ATOR
DATE. ®6 O
Auburn's Ar02ageous Art Festival 2012
Artist Agreement-Pianos on Parade