HomeMy WebLinkAboutPacific Ballroom DanceZ II, s
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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this 11'" day of September. 2015,
by and between the City of Auburn, Washington, a Municipal Corporation of the State of
Washington herein referred to as "CITY" and Pacific Ballroom Dance, whose address is
1604 15'" Street SW, #109, Auburn, WA 98001; phone 253.939.6524, 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 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:
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, 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: One
seventy five minute swing dancing set of Pacific Ballroom Dance for the S'more Than
You Imagine event on Saturday, October 3rd, 2015, from 5:45 to 7:00pm. ARTIST will be
on site by 5:15pm for set -up.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Game Farm Wilderness Park, 2401 Stuck
River Dr., Auburn, WA, herein referred to as "VENUE"
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4. REQUIREMENTS
The CITY shall provide the following for this performance: Portable public address system.
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic performance, the
ARTIST shall receive total compensation of three hundred dollars and no /100 ($300.00).
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 delivered to the ARTIST
immediately following the performance.
PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY: Artist bio, photos (high
resolution electronic images) and any artwork specifically pertaining to ARTIST upon signature
of this contract.
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 including, but not limited to any copyright infringements for
musical performances, 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.
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 or impossibility of performance,
the ARTIST shall not receive any compensation for the time during which the services
have not been rendered. Every effort shall be made between ARTIST and CITY to
reschedule the performance(s) at a mutually agreed upon date.
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10. PERFORMANCE RAINOUT
In the event of rain, the CITY will contact the ARTIST by 2:00pm on the day of the
performance to determine if the performance will be moved indoors or rescheduled.
ARTIST must provide a telephone number where ARTIST can be reached at the
time /date stated above. If rescheduling is not possible within one year of the event,
ARTIST is to be paid on the day of the performance.
11. 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.
12. 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 Kjerstin Lange, Specialist- Teen Programs
City of Auburn
910 Ninth Street SE
Auburn, WA 98002
ARTIST Pacific Ballroom Dance
1604 15th St. SW, #109
Auburn, WA 98001
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.
13. 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.
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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 SIGNATURE: roc Ytn nen
Pacific Ballroom Dance
ARTIST TAX ID #: 33- 1076075
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DIRECTORSIGNATURE,,,Y i �l� ✓`/
DARYL FABER, DIREC
PARKS, ARTS & RECREATION
DATE:
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