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HomeMy WebLinkAboutVarious Agreement for Artistic Services 2020 2a3D AGREEMENT FOR ARTISTIC SERVICE 4°0R/C, 41 THIS AGREEMENT is made and entered into this I day of \ �Q� . , 2020 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and All-Alaskan Racing Pigs, LLC, 508 Kodiak Street, Eugene, OR, 97401, 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: Five (5) racing pig shows at Auburn's Petpalooza to take place on Saturday, May 16, 2020. Performances to be held at 10:15am, 11:30am, 1:30pm, 3:00pm and 4:30pm. See addendum (12 pages) from ARTIST for complete details. 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 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. Agreement—All-Alaskan Racing Pigs, LLC Petpalooza 2020 Page 1 of 4 4. TECHNICAL REQUIREMENTS The CITY shall provide the following technical assistance for this performance: A 70' x 30' performance area and bleachers for spectators. See ARTIST addendum (page 2 & 3 of 9) for a complete list. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of Four Thousand, one-hundred and twenty Dollars and No/100s ($4,120.00). 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 or his/her designee immediately 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 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 Agreement—All-Alaskan Racing Pigs,LLC Petpalooza 2020 Page 2 of 4 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: City of Auburn, 910 Ninth Street SE, Auburn, WA 98002; All- Alaskan Racing Pigs, LLC, 508-Kodiak Street, Eugene, OR 97401 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 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. Agreement—All-Alaskan Racing Pigs, LLC Petpalooza 2020 Page 3 of 4 ARTIST T)}11117/itte Bart Noll All-Alaskan Racing Pigs, LLC ARTIST TAX ID#: 574-32-2004 DATE: i4 3e CITY OF AUBURN DIRYL FABER Parks, Arts & Recreation Director DATE: /4:11(b" KR STY PACHCIARZ Special Events Coordinator DATE: 1/1/2-0 Agreement—All-Alaskan Racing Pigs, LLC Petpalooza 2020 Page 4 of 4 Performance Contract for All-Alaskan Racing Pigs and Pedal Pullers ENTERTAINER: All-Alaskan Racing Pigs,LLC Mailing Address: 508 Kodiak St Eugene OR 97401 Federal ID No.: 574-32-2004 BUYER: City of Auburn, Washington Petpalooza 910 9th St SE Auburn WA 98002 ENTERTAINER AND BUYER agree that ENTERTAINER will perform at BUYER'S Event: Petpalooza Held at: Auburn, Washington On the following dates: May 16, 2020 RACING PIG SHOWS Buyer and Entertainer agree that: Entertainer will perform racing pig shows consisting of three to four(3- 4) heats of racing, four(4) pigs per heat, at 15-25 minutes per show (20 minutes preferred and intended.) Entertainer will perform up to five (5) shows per day, each show beginning minimum one-and-a-half hours apart. The beginning of the first show and the beginning of the last show will be no more than seven hours apart. Entertainer will change animal bedding, bag the soiled bedding, and take other action as reasonable to provide good living conditions for the animals and to minimize odor. As a minimum, Entertainer will provide: 1. high-quality care for the animals, 2. all personnel needed for show performance, 3. the race track fencing and starting gates, 4. a high-quality sound system, 5. costumes for personnel and the pigs, 6. climate-controlled housing for the pigs, 7. enough trained pigs to fulfill the show commitments, 8. access to equipment so buyer may inspect the animals and facility immediately, upon request. Buyer will provide: 1. a flat surface area, consisting of a minimum area of 25 feet by 45 feet, preferred area of 30 feet by 70 feet, for setup of racing pig track and equipment, with additional area needed for spectators, 2. highly visible space adjacent to show for two 10' x 10' canopies for sales of show-related merchandise, 3. two twenty-amp electrical circuits, 4. for shows after dark, BUYER must provide lighting, 5. a potable water source within 50 feet of the track area, 6. two straw bales for entertainer's use, 7. adequate wood shavings to cover the track and for bedding changes while the animals are at the event, usually 15-20 bales for the track(determined by Buyer's desired track size) and one bale per day for bedding. A bale is usually 8-10 cubic feet compressed. 8. twice-daily pickup of bagged, dirty bedding, which will be cleaned and replaced just before the first show each day and again at the end of the show day, 9. clean-up of shavings from the track after the conclusion of the event, 10. an RV space with 30-amp or higher power, water, and sewer hookups, 11. billing of the show as "All-Alaskan Racing Pigs" in all advertising, promotions, schedules. signage, announcements, or other mentions of the attraction. participation. Entertainer will perform us to two 2 shows ser da alternating with the racing pig shows or as Buyer desires. Each show will begin after a 10 minute sign up period for volunteer participants to register with show personnel. Volunteers ages /1 through 12 will be invited to participate. The duration of track. The Pedal Puller track will be located within the setup for the racing pig show, on the infield of the track. 1. decorated plywood or another suitable hard surface, if needed, to protect Buyer's surface, 2. all show equipment and supplies, including custom, high performance pedal tractors and weight 3. at least two people to sign up participants and conduct competitions, 4. all labor to conduct the attraction, including all set up and take down. Entertainer will arrive in sufficient time to set up the racetrack and associated equipment such that the area provided is prepared for the show not later than 10:00 AM on the first day of the event. Buyer will provide: 2. billing of the show as "Pedal Pullers by All Alaskan" in all advertising, promotions, schedules, signage, announcements, or other mentions of the attraction. Buyer will pay Entertainer$4,120.00 (four thousand one hundred twenty dollars) on the final day of the scheduled performances. Because Entertainer can usually only contract with one buyer per performing week for a specific performing unit, and after contracting usually turns away many potential clients for that performing week, this contract is"Play or Pay" and Buyer's cancellation of event for any reason, or cancellation of Entertainer's appearance for any reason, will require full payment of the contract amount, unless Entertainer contracts with another buyer for that time period for an equal or greater price. Entertainer will provide proof of$1,000,000 liability insurance coverage, and name Buyer, its officers, agents, employees, and volunteers as coinsureds. Entertainer will sell novelty items and other services in the show area without payment of commission (zero percent). NOTE: Contract information is included as Attachment AARP-1. Additional information, including diagrams, is included in Attachment AARP-2. ENTERTAINER: BUYER: Bart Noll Owner Name Title Name Title All-Alaskan Racing Pigs, LLC \(}? Organization Organization 4. , r (. 3P •aa Signature Date Signature Date 574-32-2004 Federal Identification Number Federal Identification Number Attachment AARP-2 All-Alaskan Racing Pigs and Pedal Pullers Checklist, Diagrams, and Resources Needs Upon Arrival or soon after 1) Location 2) Shavings 3) Power—A/C should be plugged in immediately. 4) Water connection 5) Straw—two bales Space Need: 30-foot by 70-foot flat-ish area.Can be smaller. Spectators will sit or stand outside of this footprint. Drainage is important for events longer than two days. See below. Shavings: 15-25 bags for track,one bag per day for bedding changes. Bags usually 8-10 cubic feet compressed per bag.Available at feed stores. In some areas,you may need to call in advance for this quantity. We prefer to take delivery when we arrive of the total amount we will need for the duration of our stay,to make sure there is no shortage before the event ends. Straw: Two bales,any type. Water: a hose connection with drinkable water within 50 feet of the track. We carry all the hose we need for that distance. Trip Hazard Alert: we connect and disconnect the hose twice a day, morning and after the final show of the day, for cleaning and filling our water tank.The morning cleaning is usually done before opening time for the event,but the late cleaning is done before close. The hose will be connected and crossing any necessary pedestrian paths about 30 minutes each time. We do not leave the hose connected between uses. We coil and stow the hose under the trailer. Drainage: We spray out the interior of the trailer where the pigs live twice daily: morning and after the final show of the day. Prior to spraying out we shovel and sweep the pens clean,so that minimal shavings and animal waste are left to wash out. We place fresh shavings on the ground where water exits the trailer so that waste water passes through the shavings,filtering out solids that are left in the trailer. We scoop that pile of shavings into the soiled bedding bag and dispose of it.Locating the trailer on grass or another permeable surface is preferred. If you locate the show on a hard surface such as asphalt or concrete,be sure that the existing drain can handle animal waste. If the drain does not flow to a treatment facility,we can work with you to capture the water and dispose of it properly. If that is the case,we need to talk. Electricity: We use two 20-amp circuits.One circuit is dedicated to the air conditioning for the pigs.The peak draw approaches 20-amps,so a strong breaker is required. The other circuit is for all other needs,and is less critical. Trip Hazard Alert: We use 10-gauge extension cords,which are fat. These lines will stay connected and in place 24/7 for the duration of our stay. Soiled Bedding Disposal: We prefer to use your trash can liners for bagging our soiled bedding. This way your trash collection crews will recognize the bags as trash to be picked up on their routine runs. We will partially fill one bag twice each day,morning and evening. Please let your employees know that it is okay to give us a couple of liners each day. We will tie the bags closed and place them wherever you would like us to. We will also talk to the crews as they make their rounds to communicate our situation. We make sure the bags are not too heavy to lift, usually 25 pounds or less. If a dumpster is convenient to the show site,we will take the bags to the dumpster ourselves. Spectator Seating: Crowds can be big. Your visitors will appreciate as much seating as you can provide. If you run out of bleachers, straw bales make perfectly fine seating.We can help set them and show you how to use them most effectively. • BA B,. .. •.. Ong 5 a ts�� :a"'..� 1 Lon�VAC-co.n iWCASDLUTION; edw• n+u d `.. IF . ow asoiuWns�com UM7 =fit „L '. .. . Yom; _ _ ! *—v'� I -^ '� € ---_---1W---::,-7.--;.--. nom P. � l' 1 fl w O Show set up in an indoor location. Pedal Pullers track is set up in the infield of the racing pig show. Participants in the Pedal Pullers attraction gain access to the track through openings in the track fencing created near the start line or finish line. Photo from the 2019 Jackson County Fair, Central Point, Oregon. . ,� • w LI : A w 0 1 i--------- CV Q) W CC v] Ea-4 Z / LL Q) e-I / 4., N I .LL o: O ii a O N LL o 1 i" ~ Q z v a)O 65 0 Q' 'tU t '° , 'z t COQ a 0 U al z a. -0 D. vs -• O H v CV > as W a o7 $. E c O cc i co 1 0 w b%SG PIO* g ._ < / v L.L. —11/1/4V-10 II 4 • a +a') wNE N l ' 0 4 ,n ► m • vi bA / ..--,0. 4-• O Q CA CC U tt N vj to 0 0 c x -4-: ci: L) rsJ 0 Q Y at .4 ct , F- 7) ,▪�, co r-� _ 4? ^o O 1 , G a = 0 U -tC eau co "ti � � I a , ►• T oal O E cz co r cc wz AGREEMENT FOR ARTISTIC SERVICE (A ).1(0 THIS AGREEMENT is made and entered into this 24th day of February, 2020, by and between the City of Auburn,Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and WorkWell NW whose address is 204 S. 348th Street Suite 2, Federal Way,WA 98003; herein referred to as "INSTRUCTOR". WHEREAS, the CITY desires to contract with the INSTRUCTOR to provide fitness instruction; and WHEREAS, the INSTRUCTOR has agreed to perform the work in compliance with the terms and conditions of this Agreement; NOW THEREFORE, the CITY and INSTRUCTOR in consideration of the conditions and covenants herein do agree as follows: 1. RETENTION OF INSTRUCTOR The CITY does hereby retain the INSTRUCTOR to perform the work and services described herein. The parties agree that the INSTRUCTOR is an independent contractor and shall furnish all supervision, labor, and all other incidentals except as specifically provided herein and the INSTRUCTOR 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 INSTRUCTOR agrees to provide the following specific services in its instruction: Fitness Instruction-Gentle Yoga on Thursday, February 27, March 5& March 12, 2020. 3. SITE OF PERFORMANCE The INSTRUCTOR will conduct instruction at Auburn Community and Events Center, 910 9th Street, Auburn,WA, herein referred to as "VENUE" Agreement—WorkWell NW Page 1 of 4 OflIGIr 4. REQUIREMENTS The CITY shall provide the following for these information sessions: group fitness class room, audio equipment,yoga mats, yoga props, chairs. 5. COMPENSATION In consideration of the services to the CITY in connection with the information sessions, the INSTRUCTOR shall receive total compensation of$50 and 00/100 ($50.00). 6. PAYMENT The INSTRUCTOR shall be paid by the CITY for the completed work and information sessions 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 INSTRUCTOR shall be in compliance with the regulations of the CITY Finance Department. The INSTRUCTOR 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 WorkWell NW following the class. 7. PROMOTIONAL RESPONSIBILITIES INSTRUCTOR shall provide the following promotional materials to the CITY: no materials specifically pertaining to INSTRUCTOR upon signature of this contract. 8. INDEMNIFICATION The INSTRUCTOR 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 educational material, arising out of the performance and obligations contained in this Agreement on the part of the INSTRUCTOR, 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 INSTRUCTOR is incapacitated from rendering services through sickness or otherwise, or if INSTRUCTOR cannot perform because of fire, accident, act of God or impossibility of performance, the INSTRUCTOR shall not receive any compensation for the time during which the services have not been rendered. Every effort shall be made between INSTRUCTOR and CITY to reschedule the information session(s) at a mutually agreed upon date. Agreement—WorkWell NW Page 2 of 4 0 , ,,,,, L 1,0., , ,,,,... t , , %„,„,, ,,,, 10. PERFORMANCE RAINOUT N/A. Information sessions will take place regardless of weather conditions, indoor facilities available. 11. TERMINATION In the event the INSTRUCTOR 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, Recreation Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 INSTRUCTOR WorkWell NW 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. Agreement—WorkWell NW Page 3 of 4 OIGIrj D. The INSTRUCTOR 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 INSTRUCTOR agrees to comply with all applicable State and local laws, rules and regulations. INSTRUCTOR SIGNATURE: 4417(i WorkWell NW 204 S. 348th Street Suite 2 Federal Way, WA 98003 INSTRUCTOR TAX ID#: On File DATE: DIRECTOR SIGNATURE: 141\411, R DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: c9-0-`11,9%J)--- Agreement 9-0-yf,9%J)—nAgreement—WorkWell NW Page 4 of 4 A3,1Lp,3 4204y„ AGREEMENT FOR ARTISTIC SERVICE 0/Ai THIS AGREEMENT is made and entered into this V - day of TJ uct ' 2020 by and between the City of Auburn, Washington, a Municipal Corporation of t State of Washington herein referred to as "CITY" and Melody Music, 21255 15th AVE S, Des Moines, WA, 98198, 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: Disc Jockey services for Auburn's 4th of July Festival's Car Show on Saturday, July 4, 2020 from 11:00am — 4:00pm. ARTIST is expected to arrive to the festival grounds no later than 9:30am. ARTIST is responsible for providing an interactive DJ for the Car Show area, a 500-watt sound system and all necessary supplies. Canopy may be required from ARTIST (CITY will confirm two weeks prior to event). Agreement—Melody Music Auburn's 4th of July Festival_2020 Page 1 of 4 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at: Les Gove Park, 910 Ninth ST SE, Auburn, WA 98002. 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 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: power via generator, one table and one chair. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of Four Hundred and Ninety-five Dollars and No/100s ($495.00). 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 given to the ARTIST in the form of a check directly following the event. 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 Agreement—Melody Music Auburn's 4th of July Festival_2020 Page 2 of 4 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 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 the respective parties as follows: City of Auburn 910 Ninth Street SE Auburn, WA 98002; Melody Music ATTN: Dustin Wood 21255 15th Ave S Des Moines, WA, 98188 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. Agreement—Melody Music Auburn's 4th of July Festival 2020 Page 3 of 4 — 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 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 MELODY MUSIC ARTIST TAX ID#: S3 .2 - (ea - 8U 9 6 DATE: F--6 ‘-'21 i L v CITY OF AUBURN �M DARYL FABER KRIS PACT dIARZ Parks, Arts & Recreation Director Special Events Coordinator DATE: c9-//i1Jd DATE: �`..... i ,� i% r Agreement—Melody Music Auburn's 4th of July Festival 2020 Page 4014 /D,v AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this day of gin Lillp 2020 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Melody Music, 21255 15th AVE S. Des Moines, WA, 98198, 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: Disc Jockey services for Auburn's 2020 Daddy Daughter Date Night on Saturday, March 14, 2020 from 3:30- 9pm with a break from 5:30-7pm. ARTIST is expected to be set- up at least 30 minutes prior to the event. ARTIST is responsible for providing an interactive DJ, a 500-watt sound system, party lights, and all necessary entertainment props. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at the Auburn Community & Event Center, 910 Ninth ST SE, Auburn, WA 98002. 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 CITY Agreement—Melody Music Daddy Daughter Date Night 2020 Page 1 of 4 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: power, table and chair 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of Six Hundred and Ninety Dollars and No/100s ($690.00). 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 given to the ARTIST in the form of a check, in one payment, directly following the event. 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 or impossibility of performance, the ARTIST shall not receive any salary for the time during which the services have not been rendered. Agreement—Melody Music Daddy Daughter Date Night 2020 Page 2 of 4 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 the respective parties as follows: City of Auburn, 910 Ninth Street SE, Auburn, WA 98002; Melody Music, 21255 15th AVE S. Des Moines, WA 98198. 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 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. Agreement—Melody Music Daddy Daughter Date Night 2020 Page 3 of 4 ARTIST (3796k--- MELODY MUSIC ARTIST TAX ID#: 6"3 2 Cob 9 8 DATE: ) 7 l2n CITY OF AUBURN DARYL FABER Parks, Arts & Recreation Director DATE: 10 jp° 2 D PAM t, LLION Recreation Coordinator DATE: { c I /�lvi f�) Agreement—Melody Mluic Daddy Daughter Date Night 2020 Page.4 of 4 I