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.
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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.
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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
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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
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Daddy Daughter Date Night 2020
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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.
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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.
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Daddy Daughter Date Night 2020
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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�)
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