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HomeMy WebLinkAboutVarious Agreement for Artistic Services 2019 1 ORIGII AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 16th day of September, 2019, by and between the City of Auburn,Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Richard Bankhead whose address is PO Box 1616, Auburn,WA 98071; 253-880-4808, herein referred to as "CONTRACTOR". WHEREAS, the CITY desires to contract with the CONTRACTOR to provide bicycle maintenance; and WHEREAS, the CONTRACTOR has agreed to perform the work in compliance with the terms and conditions of this Agreement; NOW THEREFORE, the CITY and CONTRACTOR in consideration of the conditions and covenants herein do agree as follows: 1. RETENTION OF CONTRACTOR The CITY does hereby retain the CONTRACTOR to perform the work and services described herein. The parties agree that the CONTRACTOR is an independent contractor and shall furnish all supervision, labor, and all other incidentals except as specifically provided herein and the CONTRACTOR 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 CONTRACTOR agrees to provide the following specific services in its contracted technical service: Organize and inventory bike maintenance shop and tools, conduct all necessary bike maintenance of bike fleet and develop maintenance records for completed work. 3. SITE OF TECHNICAL SERVICE The CONTRACTOR will conduct technical service at Game Farm Park North Annex, 2840 Riverwalk Drive, Auburn, WA, herein referred to as "VENUE". Agreement— Richard Bankhead Page 1 of 4 ORIGIIjj 4. REQUIREMENTS The CITY shall provide the following for this workshop session: bike maintenance tools, bikes, indoor shop facility. 5. COMPENSATION In consideration of the services to the CITY in connection with the bike maintenance, the CONTRACTOR shall receive total compensation of$300 and 00/100 ($300.00). 6. PAYMENT The CONTRACTOR 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 CONTRACTOR shall be in compliance with the regulations of the CITY Finance Department. The CONTRACTOR 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 CONTRACTOR following completion of the work outlined. 7. PROMOTIONAL RESPONSIBILITIES CONTRACTOR shall provide the following promotional materials to the CITY: no materials specifically pertaining to CONTRACTOR upon signature of this contract. 8. INDEMNIFICATION The CONTRACTOR 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 CONTRACTOR, 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 CONTRACTOR is incapacitated from rendering services through sickness or otherwise, or if CONTRACTOR cannot complete the technical skills because of fire, accident, act of God or impossibility of performance, the CONTRACTOR shall not receive any compensation for the time during which the services have not been rendered. Every effort shall be made between CONTRACTOR and CITY to reschedule the session(s) at a mutually agreed upon date. Agreement— Richard Bankhead Page 2 of 4 ORIGIN:. ,.. 10. PERFORMANCE RAINOUT N/A.Technical work will take place regardless of weather conditions, indoor facilities available. 11. TERMINATION In the event the CONTRACTOR 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 CONTRACTOR Richard Bankhead 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 here to shall be determined by the laws of the State of Washington. Agreement-Richard Bankhead Page 3 of 4 D. The CONTRACTOR 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 CONTRACTOR agrees to comply with all applicable State and local laws, rules and regulations. INSTRUCTOR SIGNATURE: Richard BoV Bankhead P1 PO Box 1616 1--e Auburn, WA 98071 INSTRUCTOR TAX ID#: On File DATE: - --c-) DIRECTOR SIGNATURE: -- DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: 9610 Agreement— Richard Bankhead Page 4 of 4 IVB, ' AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 12th day of August, 2019, by and between the City of Auburn,Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Traci Woodcock whose address is 13102 151st Street, Puyallup,WA 98374; 253-315-0690, herein referred to as "INSTRUCTOR". WHEREAS, the CITY desires to contract with the INSTRUCTOR to provide class 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 artistic performance: Workshop Instructor-Smooth Move Digestion on Tuesday, August 13th, 2019. 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—Traci Woodcock Page 1 of 4 1 ORIGIN: 4. REQUIREMENTS The CITY shall provide the following for this workshop session: class room, audio equipment,visual equipment. 5. COMPENSATION In consideration of the services to the CITY in connection with the information sessions, the INSTRUCTOR shall receive total compensation of$60 and 00/100 ($60.00). 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 mailed to the INSTRUCTOR 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—Traci Woodcock Page 2 of 4 .) ORIGINAL 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 Traci Woodcock 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—Traci Woodcock Page 3 of 4 :) ORIGINA ' 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:jZatti 1,10CiadZO(L Traci Woodcock 13102 151st Street E. Puyallup, WA 98374 INSTRUCTOR TAX ID#: On File DATE: DIRECTOR SIGNATURE: DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: I 1 I 1 Agreement—Traci Woodcock Page 4 of 4 3U p5 9-070 DORIO/N qL AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this W day of NO , 2019 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Jeff Evans, Simply Magic LLC, 2423 Abernethy Road NE, Olympia, WA 98516, 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: One 50 minute performance at Auburn's KidsDay to take place on Friday, June 19, 2020. Performance is to be held from 2:20pm — 3:10pm and ARTIST is to arrive at the site no later than 2:00pm for set-up and sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performances at Les Gove Park, 910 Ninth Street SE in Auburn, 98002 on an outdoor, covered stage. Performance is 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. Agreement—Jeff Evans KidsDay 2020 Page 1 of 4 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: sound system and sound tech. Complete event information to follow 1-3 weeks prior to the event. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of Five Hundred and Fifty Dollars No/100s ($550.00). 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 or his/her designee in the form of a check at the conclusion of each performance. 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. Agreement—Jeff Evans KidsDay 2020 Page 2 of 4 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; Jeff Evans, Simply Magic LLC, 2423 Abernethy Road NE, Olympia, WA 98516. 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—Jeff Evans KidsDay 2020 Page 3 of 4 ARTIST 94- Ev-c‘I-1_ JEFF EVANS Simply Magic LLC ARTIST TAX ID#: Lfl_ 1214 19S DATE: 12 /26/2019 CITY OF AUBURN DARYL FABER Parks, Arts & Recreation Director DATE: t\\;-S\lC 44901/k-0 KRISTY PACHCIARZ Special Events Coordinator DATE: (t/2-q lq Agreement—Jeff Evans KidsDay 2020 Page 4 of 4 A 311.0,S U 071) Z:20p/ Q14/ AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this I day of 001` , 2019, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Louie Foxx, whose address is 2095 S Kent-Des Moines Road, 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 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 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 (1) 50 minute performance of Louie Foxx's One-Man Side Show on Wednesday, July 15, 2020, at 12:00 pm. ARTIST agrees to be on site no later than 11:30 am for set-up and/or sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Les Gove Park, 910 Ninth St. SE Auburn, WA, 98002 herein referred to as "VENUE" 4. REQUIREMENTS The CITY shall provide the following for this performance: P/A system and covered stage, water for performers and a merchandise table (if needed). 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 fifty dollars and no/100 ($450.00) Kids SummerStage Agreement—2020 Page 1 of 4 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 following the performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Artist/Company biography, 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. 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 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. 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST by 10:00 AM on the day of the scheduled performance to determine if the performance will be moved indoors, or be 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. Kids SummerStage Agreement—2020 Page 2 of 4 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 Kristy Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Louie Foxx 2095 S Kent-Des Moines Road 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. 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. 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. Kids SummerStage Agreement—2020 Page 3 of 4 ARTIST f Sj LR )u._IE^FOXX � 6 �f l if ARTIST TAX ID#: DATE: D/ 1.7Z 11` CITY OF AUBURN DARYL FABER PARKS, ARTS & RECREATION DIRECTOR DATE: l 4ifikryj KRISTY PACHCIARZ SPECIAL EVENTS COORDINATOR DATE: 101/1,61 KidsgreemeSummnterSt2020a e A — Page 4 of 4 P‘ -3.(ia,s 7crio DoRIG mom. AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this IV day of NON, , 2019 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Northwest Animal Adventures, 30226 188th Ave SE, Kent, WA, 98042, 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: One 45 minute performance at Petpalooza to take place on Saturday, May 16, 2020. The performance is to be held from 10:00am — 10:45am and ARTIST is to arrive at the site no later than 9:40am. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Game Farm Park, 3030 R ST SE in Auburn, 98002 on an outdoor, covered stage. Performance is 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 Agreement Northwest Animal Adventures Petpalooza 2020 Page I of 4 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: sound system (no wireless mic) and sound tech. Covered stage. Complete event information to follow 2-3 weeks prior to the event. A table will also be available for entertainer use. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of Two Hundred and Seventy-five Dollars and No/10Os ($275.00). 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 at the conclusion of their performance. 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 Northwest Animal Adventures Petpalooza 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; Northwest Animal Adventures c/o Tom Gaines, 30226 188th Ave SE, Kent, WA 98042. 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 Northwest Animal Adventures Petpalooza 2020 Page 3 of 4 ARTIST TOM GA NES NorthWest Animal Adventures ARTISTTAXID#: !` 71VDi DATE: `.7-/2-nICI CITY OF AUBURN DARYL ABER Parks, Arts & Recreation Director DATE: //M/ /S KRISTY PACHCIARZ Special Events Coordinator DATE: 1 1/ 1 q t q Agreement Northwest Animal Adventures Petpalooza 2020 Page 4 of 4 9101) 01401 AGREEMENT FOR ARTISTIC SERVICE CIA/4 THIS AGREEMENT is made and entered into this IVB day of Nov, , 2019, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Northwest Animal Adventures, whose address is 30226 188th Ave SE, Kent, WA 98042, 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: 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, 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 (1) 60 minute performance of Northwest Animal Adventures at Auburn's Kids Summerstage on Wednesday, August 12, 2020, at 12:00 pm. ARTIST agrees to be on site no later than 11:30 am for set-up/sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Les Gove Park, 910 Ninth St. SE Auburn, WA, 98002; herein referred to as "VENUE" 4. REQUIREMENTS The CITY shall provide the following for this performance: 1. P/A System (no wireless mic) and a covered performance. Water for performer. Kids SummerStage_Northwest Animal Adventures Agreement—2020 Page 1 of 4 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 and fifty dollars and no/100 ($350.00). 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 following the performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Artist/Company biography, 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. 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 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. 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST by 10:00 AM on the day of the scheduled performance to determine if the performance will be moved indoors, or be 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. Kids SummerStage_Northwest Animal Adventures Agreement—2020 Page 2 of 4 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 Kristy Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Northwest Animal Adventures ATTN: Tom Gaines 30226 188th Ave SE Kent, WA 98042 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. 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. Kids SummerStage_Northwest Animal Adventures Agreement—2020 Page 3 of 4 ARTIST J\ 9W\ s4tLkA\.r- NORTHWEST ANIMAL ADVENTURES ARTIST TAX ID#: Lisj'�`zN766 DATE: \L1L/Lb)'i CITY OF AUBURN co...,..t,\.- --.--t,..\-\-1.4..- DARYL FABER PARKS, ARTS & RECREATION DIRECTOR DATE: ( ///I%S r r 9Z., KRISTY PACHCIARZ SPECIAL EVENTS COORDINATOR DATE: lI 11J/( KidsAgreemeSummnterStage 2020_Northwest Animal Adventures — Page 4 of 4 7O 120kG/ AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 11 day of 1\104 , 2019, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Don Riggs/Reptile Isle c/o Pacific Rim Talent, whose address is PO BOX 6254, Edmonds, WA 98026, 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: 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, 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: 1. One (1)45 minute performance of Reptile Isle, followed by a 15-minute roving show at Auburn's Petpalooza on Saturday, May 16, 2020, at 11:00 am. ARTIST agrees to be on site no later than 10:30 am for set-up/sound check. See attached contract agreement from Pacific Rim Talent for additional information. 2. One (1)45 minute performance of Reptile Isle, followed by a 15-minute roving show at Kids Summerstage on Wednesday, July 8, 2019, at 12:00 pm. ARTIST agrees to be on site no later than 11:40 am for set-up/sound check. ARTIST agrees to provide P/A System. See attached contract agreement from Pacific Rim Talent for additional information. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at 1. Game Farm Park, 3030 R Street SE, Auburn, WA, 98002 for the May 16, 2020 performance; herein referred to as "VENUE" Petpalooza and Kids SummerStage Agreement—2020 Page 1 of 4 2. Les Gove Park, 910 Ninth St. SE Auburn, WA, 98002 for the July 8, 2020 performance; herein referred to as "VENUE" 4. REQUIREMENTS The CITY shall provide the following for this performance: 1. Sound system, sound technician (no wireless mic) and a covered stage. Water for performer. 2. Covered performance area. Water for performer. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of 1. Six-hundred dollars and no/100 ($600.00) for the May 16, 2020 performance. 2. Six-hundred dollars and no/100 ($600.00) for the July 8, 2020 performance. 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 following the performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Artist/Company biography, 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. Petpalooza and Kids SummerStage Agreement—2020 Page 2 of 4 • 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 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. 10. PERFORMANCE RAINOUT The May 16, 2020 event is rain or shine. In the event of rain for the Kids Summerstage event (July 8, 2020), the CITY will contact the ARTIST by 10:00 AM on the day of the scheduled performance to determine if the performance will be moved indoors, or be 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 Kristy Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Don Riggs/Reptile Isle c/o Pacific Rim Talent PO BOX 6254 Edmonds, WA 98026 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: Petpalooza and Kids SummerStage Agreement—2020 Page 3 of 4 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. ARTISTt ?, ej"-QQ DON RIGGS ARTIST TAX ID#. & 3-7- Lt -\ DATE: ' ( iN 11°19 CITY OF AUBURN DARYL FABER PARKS, ARTS & RECREATION DIRECTOR DATE: Q �t KRISTY PACHCIARZ SPECIAL EVENTS COORDINATOR DATE: VM/(1)1 Petpalooza and Kids SummerStage Agreement—2020 Page 4 of 4 Pacific Rim Independent PO Box 6254 Phone: (425) 489-7900 Contractor Talent Edmonds, WA 98026 Engagement 1)Agreement made on: November 15, 2019 Between: Artist Representative: Don Riggs And Purchaser: Kristy Pachciarz Representing: Reptile Isle Representing: Auburn Parks & Recreation 2) Date(s)of Engagement: Saturday - May 16, 2020 Starting& finishing times of engagement: 11:00 PM — 11:45 PM Stage Show followed by 30-Minute Roving 3) Location of Game Farm Park Venue Phone Engagement 3030 R Street SE Emergency Auburn, WA 98002 Phone Contact Person 4)Job Description: Petpalooza Day a. Artist shall use their best effort to conform to rules and policies of the establishment fulfilling all entertainment requirements. 5)Contract Price: $600.00 a: Unless otherwise specified,contract price shall include agents commission_ 6) Purchaser will make payment: TO LEADER AT CONCLUSION OF ENGAGEMENT IN CASH, CHECK, OR MONEY ORDER. Payable to: Don Riggs Tax Number 524-37-4954 7)Artist(s)- Independent contractor: a. Pursuant to paragraph 3,artist shall at all times have complete supervision,direction and control over the services of his personnel on this engagement and expressly reserves the right to control the manner,means and details of the performance of services to fulfill the entertainment requirements. b. The artist executes this agreement as an independent contractor,not as an employee of the purchaser. Responsibility for appropriate payments of payroll taxes and charges under applicable federal and local law will be assumed by Artist. 8) Agent Provisions: a. The contracting agent is acknowledged to have fully performed upon the commencement of this engagement. He shall not be liable for the default of a purchaser or the non-performance of the group. No changes in the contract affecting agent's commissions shall be made without the written approval of the agent. b. If Artist(s)is re booked into this or any establishment represented by the purchaser(including chain buyers of music)within 395 days front the termination of this agreement,purchaser and Leader shall be jointly and severally liable for payment to Pacific Rim Talent for commission in the rate set forth in this engagement. c. The percentage of commissions included in the gross price of this engagement is 15% from Act to PRT d. Commission shall be held in trust by leader as fiduciary and forwarded to agent within three(3)days of receipt,or I)agent has the authority to cancel the following engagement,or 2)at the request of agent,present purchaser is authorized to withhold from leader any commissions due Pacific Rim Talent. Delinquent commission shall accrue interest at 1 1/2%per month,and if litigation is necessary for collection,attorney's fees shall be paid by debtor. 9)Cancellation/Dispute: This contract cannot be canceled except by mutual,written consent of both purchaser and leader of the Musicians as an Artistic Group. All disputes are to be first negotiated through the agency,then,if not resolved,will be referred to a court of law in Seattle,WA. The prevailing party shall have all attorney's fees and court costs paid for by the non-prevailing party. 10)Special Provisions Park supplies sound system. The recording,reproduction,or transmission of Artist's performance is prohibited absent written consent of artist. Commencement of engagement together with physical delivery of this contract is deemed to be a verification of an oral agreement and acceptance of all terms by the purchaser. Commencement of engagement together with physical delivery oft 's deemed to be a verification of an oral agreement and acceptance of all terms by the purcha Signature of Purchaser ` Signator of Leader Kristy Pachciarz Don Riggs Auburn Parks & Recreation Reptile Isle 910 Ninth St SE Address PO Box 6254 Auburn, WA 98002 Edmonds, WA 98026 (253) 931-3052 Phone (425) 489-7900 kpachciarz@auburnwa.gov Responsible Agent Craig Cooke 4 .Pacific RimIndependent • PO Box 6254 Phone: (425) 489-7900 Contractor Talent Edmonds, WA 98026 Engagement 1)Agreement made on: November 15, 2019 Between: Artist Representative: Don Riggs And Purchaser: Kristy Pachciarz Representing: Reptile Isle Representing: Auburn Parks & Recreation 2) Date(s)of Engagement: Wednesday - July 8, 2020 Starting& finishing times of engagement: Noon — 12:45 PM Stage Show followed by 15-Minute Roving 3) Location of Les Grove Park Venue Phone Engagement 910 9th St SE Emergency Auburn, WA 98002 Phone Contact Person 4)Job Description: Kids Summer Stage a. Artist shall use their best effort to conform to rules and policies of the establishment fulfilling all entertainment requirements. 5)Contract Price: $600.00 a: Unless otherwise specified,contract price shall include agents commission. 6) Purchaser will make payment: TO LEADER AT CONCLUSION OF ENGAGEMENT IN CASH, CHECK, OR MONEY ORDER. Payable to: Don Riggs Tax Number 524-37-4954 7)Artist(s)- Independent contractor: a. Pursuant to paragraph 3,artist shall at all times have complete supervision,direction and control over the services of his personnel on this engagement and expressly reserves the right to control the manner,means and details of the performance of services to fulfill the entertainment requirements. b. The artist executes this agreement as an independent contractor,not as an employee of the purchaser. Responsibility for appropriate payments of payroll taxes and charges under applicable federal and local law will be assumed by Artist 8) Agent Provisions: a. The contracting agent is acknowledged to have fully performed upon the commencement of this engagement_ He shall not he liable for the default of a purchaser or the non-performance of the group. No changes in the contract affecting agent's commissions shall be made without the written approval of the agent. b. If Artist(s)is re booked into this or any establishment represented by the purchaser(including chain buyers of music)within 395 days from the termination of this agreement,purchaser and Leader shall be jointly and severally liable for payment to Pacific Rim Talent for commission in the rate set forth in this engagement. c. The percentage of commissions included in the gross price of this engagement is 150/0 from Act to PRT d. Commission shall be held in trust by leader as fiduciary and forwarded to agent within three(3)days of receipt,or 1)agent has the authority to cancel the following engagement,or 2)at the request of agent,present purchaser is authorized to withhold from leader any commissions due Pacific Rim Talent. Delinquent commission shall accrue interest at I I,'2%per month,and if litigation is necessary for collection,attorney's fees shall be paid by debtor. 9)Cancellation/Dispute: This contract cannot be canceled except by mutual,written consent of both purchaser and leader of the Musicians as an Artistic Group. All disputes are to be first negotiated through the agency,then,if not resolved,will be referred to a court of law in Seattle,WA. The prevailing party shall have all attorney's fees and court costs paid for by the non-prevailing party. 10)Special Provisions Park supplies sound system. The recording,reproduction,or transmission of Artist's performance is prohibited absent written consent of artist. Commencement of engagement together with physical delivery of this contract is deemed to be a verification of an oral agreement and acceptance of all terms by the purchaser. Commencement of engagement together with physical delivery of this contract is deemed to be a verification of an oral agreement and acceptance of all terms by the purc r. Signature of Purchaser Signature of Le.der \(7-'/) ) Kristy Pachciarz Don Rigg. Auburn Parks & Recreation Reptile Isle 910 Ninth St SE Address PO Box 6254 Auburn, WA 98002 Edmonds, WA 98026 (253) 931-3052 Phone (425) 489-7900 kpachciarz@auburnwa.gov Responsible Agent Craig Cooke 20th 449AGREEMENT FOR ARTISTIC SERVICE /O I4' 1 � � THIS AGREEMENT is made and entered into this I day of IVOV, , 2019 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Seattle FlyDogs, ATTN: Tammy Foss, 15326 NE 6th Place, Bellevue, WA, 98007, 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: ARTIST will be on-site at Auburn's Petpalooza on Saturday, May 16, 2020 from 10:00am — 5:00pm. ARTIST will provide the festival with four (4) Flydog performance demos; 10:30am, 12:30pm, 2:30pm and 4:15pm. ARTIST is to arrive at the event site between 7:00am — 8:30am for set-up. ARTIST will provide all necessary supplies/equipment. Petpalooza is held rain or shine. CITY understands that ARTIST cannot perform in the rain, in which case, ARTIST will provide the public with information/instruction about the sports of flydog and agility. ARTIST will set-up rain or shine. Agreement—Seattle t=lyDogs Petpalooza 2020 Page 1 of 4 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Game Farm Park, 3030 R ST SE in Auburn, 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: A 100' x 40' performance area. / 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 Dollars and No/100s ($600.00). 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 1 payment and given to the ARTIST in the form of a check at the conclusion of their performance. 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. Agreement—Seattle FlyDogs Petpalooza 2020 ifi() Page 2 of 4 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; Seattle FlyDogs, ATTN: Tammy Foss, 15326 NE 6th PL, Bellevue, WA, 98007. 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—Seattle FlyDogs Petpalooza 2020 Page 3 of 4 ARTIST 11 TA MY FOSS SE 'TTLE FLYDOGS ARTIST TAX ID#: 574-68-8278 � DATE: V \`\ ``°N CITY OF AUBURN . :/ PA' DA YL\: 1°-` Parks, Arts & Recreation Director DATE: l/a2//j% 1 VKR TY PACHCIARZ Special Events Coordinator DATE: 0/1 /1q , Agreement—Seattle FlyDogs Petpalooza 2020 Page 4 of 4 1 137-1) 1:)oR/G NAL AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 25 `J day of "1"", 2019, by and 46 between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and David Youngmark (Outta Control Band), whose address is 13303 122nd Ave E, Puyallup, WA 98374, 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: 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, 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: 90 minute performance of Outta Control Cover Band for Auburn's 4th of July Festival on Saturday, July 4, 2020, from 2:30pm —4:00pm (no set break). ARTIST will be on-site no later than 2:00 pm for set-up and sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Les Gove Park, (910 Ninth Street SE), Auburn, WA, 98002 herein referred to as "VENUE". Driving directions and more event details will be provided via e-mail 2-3 weeks before the event. 4. REQUIREMENTS The CITY shall provide the following for this performance: Sound equipment and sound technician to set up and run equipment, water for performers and a covered stage. Agreement—Outta Control 4 of July Festival_2020 Page 1 of 4 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of five hundred dollars no/100 ($500.00). 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. The agreed fee will be paid in 1 payment,which shall be delivered to the ARTIST's company manager or his/her designee immediately following the performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Company bio, photos (high resolution electronic images) and any artwork specifically pertaining to ARTIST at the 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. 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 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. Agreementg —Outta Control 4 of July Festival_2020 Page 2 of 4 10. PERFORMANCE RAINOUT Performance is rain or shine. 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 Kristy Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 kpachciarz@auburnwa.gov 253-931-3052 ARTIST David Youngmark Outta Control 13303 122nd Ave E Puyallup, WA 98374 OuttaControlCoverBand@gmail.com 253-261-9947 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—Outta Control 4tn of July Festival_2020 Page 3 of 4 ARTIST DAV D YOUNG K OUTTA CONTROL ARTIST TAX ID#: CS- " f7-7e115/ DATE: /0 /merit CITY OF AUBURN DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: KRISTY PACHCIARZ, SPECIAL EVENTS COORDINATOR PARKS, ARTS & RECREATION DATE: (V2-0 I Agreement—O of July Festival_2020 uttaControl Page 4 uof 4 k 3m,ear5 7-03-1) AGREEMENT FOR ARTISTIC SERVICE UI N4C 4,14 0 THIS AGREEMENT is made and entered into this 2,/ day of ,V44-_, 2019, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Pat Slusher, whose address is P.O. Box 147, Centralia, WA 98531, 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: 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, 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 (1) 60 minute performance of The Rowdy Refs Family Fun Game Show on Wednesday, July 22, 2020, at 12:00 pm. ARTIST agrees to provide a professional sound system for performance.ARTIST agrees to be on site no later than 11:30 am for set-up and/or sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Les Gove Park, 910 Ninth St. SE Auburn, WA, 98002 herein referred to as "VENUE" 4. REQUIREMENTS The CITY shall provide the following for this performance: Access to electricity, covered stage, water for performers and a merchandise table (if needed). 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the Kids SummerStage Agreement—2020 Page 1 of 4 ARTIST shall receive total compensation of eight hundred dollars and no/100 ($800.00) 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 following the performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Artist/Company biography, 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. 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 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. 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST by 10:00 AM on the day of the scheduled performance to determine if the performance will be moved indoors, or be 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. Kids SummerStage Agreement—2020 Page 2 of 4 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 Kristy Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 253-931-3052 I kpachciarz@auburnwa.gov ARTIST Pat Slusher PO BOX 147 Centralia, WA 98531 1-888-563-1539 I slushers@localaccess.com 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. 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. Kids SummerStage Agreement—2020 Page 3 of 4 'TI 1 'AT SLUSHER / ARTIST TAX D#: — r .1-2_?K DATE: J 4 2b ' I CITY OF AUBURN DARYL FABER PARKS, ARTS & RECREATION DIRECTOR DATE: / U //y(/ r IL CA71 KRISTY PACH IARZ SPECIAL EVENTS COORDINATOR DATE: 10/14( 11 KidsreemeSummnterSt2020age Ag — Page 4 of 4 • A 3.1t, ?V?D '00,9 AGREEMENT FOR ARTISTIC SERVICE '/A THIS AGREEMENT is made and entered into this 4411 day of Rte., , 2019, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and The Not-Its!, whose address is 1220 NW 77th Street, Seattle, WA 98117 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: 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, 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, (1) 60 minute performance of The Not-Its! at Auburn's KidsDay on Friday, June 19, 2020 at 11:00 am. ARTIST agrees to be on site no later than 10:30 am for set-up and/or sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at: Les Gove Park, 910 Ninth Street SE, Auburn WA 98002 herein referred to as "VENUE" 4. REQUIREMENTS The CITY shall provide the following for this performance: Covered 16' x 8' performance area, merchandise table and water for entertainers. A sound system and tech will also be provided. KidsDay 2020 Agreement—The Not-Its! Page 1 of 4 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, five hundred dollars and no/100 ($1,500.00) 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 following each performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Artist/Company biography, 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. 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 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. 10. PERFORMANCE RAINOUT Performance is rain or shine. 11. TERMINATION In the event the ARTIST or the CITY defaults or fails to comply with any of the requirements of KidsDay 2020 Agreement-The Not-Its! Page 2 of 4 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 Kristy Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST The Not-Its! 1220 NW 77th Street Seattle, WA 98117 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. 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. KidsDay 2020 Agreement—The Not-Its! Page 3 of 4 ARTIST THE NOT-ITS! ARTIST TAX ID#: 2-(0 `4S1 0 ?DT) DATE: CITY OF AUBURN DARYL FABER PARKS, ARTS & RECREATION DIRECTOR DATE: /dt j /) KRISTY PACHCIARZ SPECIAL EVENTS COORDINATOR DATE: t1/f-/ KidsDay 2020 Agreement—The Not-Its! Page 4 of 4 IA 3. 1104205 A/ 127) G/ l44 AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this day of --)/e_. , 2019, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Patrick Napper, Inc., whose address is 10705 Interlake Ave. N, Seattle, WA 98133, 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: 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, 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: 90 minute performance of 'Prom Date Mixtape' for Auburn's Summer Sounds & Cinema event on Friday, July 24, 2020, from 7:00pm —8:30pm (no set break). ARTIST will be on- site no later than 6:30 pm for set-up and sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Lea Hill Park, 31693 124th AVE SE, Auburn,WA, 98092 herein referred to as "VENUE" 4. REQUIREMENTS The CITY shall provide the following for this performance: Sound equipment and one sound technician to set up and run equipment, water for performances and a stage (not covered). Agreement— Prom Date Mixtape Summer Sounds&Cinema 2020 Page 1 of 4 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of two thousand, two-hundred dollars no/100 ($2,200.00). 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. The agreed fee will be paid in 1 payment, that shall be delivered to the ARTIST's company manager or his/her designee immediately following the performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Company bio, photos (high resolution electronic images) and any artwork specifically pertaining to ARTIST at the 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. 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 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. Agreement— Prom Date Mixtape Summer Sounds&Cinema 2020 Page 2 of 4 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST no later than 12:00pm on Friday, July 24, 2020, 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 Kristy Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Prom Date Mixtape ATTN: Patrick Napper 10705 Interlake Ave. N Seattle,WA 98133 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- Prom Date Mixtape Summer Sounds&Cinema 2020 Page 3 of 4 ARTIST PATRICK NAPPER PROM DATE MIXTAPE ARTIST TAX ID#: 2 0- 213 9s-5-7-- DATE: s-5 7�DATE: I I 2-0 CITY OF AUBURN DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: 144411 1 c r ,24_Pl(!*X-C- KRISTY PACHCIARZ, SPECIAL EVENTS COORDINATOR PARKS, ARTS & RECREATION DATE: [2-N1 C/ AgreementmmerSounds-u Prom DateCinema Mixtape Su & 2020 Page 4 of 4 Pk 301(A- , Z70P/ 9i)" qZ AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this Pe day of 1\10`1, , 2019 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Aaron Ellsworth 28427 37th Ave S, Auburn, WA 98001, 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: A three-hour performance of'80 Proof Ale' at Auburn's Petpalooza to take place on Saturday, May 16, 2020. The performance is to be held from 1:00pm — 5:00pm, with a set break held from 2:00-3:OOpm. ARTIST is to arrive at the site no later than 12:30pm for set-up and sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Game Farm Park, 3030 R ST SE in Auburn, 98002 on an outdoor, covered stage (16' wide by 8' deep). Performance is 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 Agreement_80 Proof Ale Band Petpalooza 2020 Page 1 of 4 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: sound system (no wireless mic) and sound tech. Complete event information to follow 2-3 weeks prior to the event. A table will also be available for entertainer use. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of Nine hundred Dollars and No/100s ($900.00). 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 at the conclusion of their performance. 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 80 Proof Ale Band Petpalooza-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; 80 Proof Ale Band, Aaron Ellsworth, 28427 37th Ave S, 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. 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_80 Proof Ale Band Petpalooza 2020 Page 3 of 4 ARTIST /%i AARON E ORTH ARTIST TAX ID#: 539' l3 _L(8 Z' DATE: 12/ II / Zoili CITY OF AUBURN �iccam��,, C+` ARYL BER Parks, Arts & Recreation Director DATE: )l/a ,j( 5 IS14aU u+ .t. K)TY PACHCIARZ Special Events Coordinator DATE: i 1.0 (f (61 I t Agreement 80 Proof Ale Band Petpalooza 2020 Page 4 of 4 A 3.11g.5 1:2 014 AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this /-4) day of N°J. , 2019 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Debbie Goodrich, aka "The Parrot Lady", 31425 52 AVE S, Auburn, WA, 98001, 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: One 30 minute performance at Auburn's Petpalooza to take place on Saturday, May 16, 2020. The performance is to be held from 2:30pm — 3:00pm and ARTIST is to arrive at the site no later than 2:15pm. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Game Farm Park, 3030 R ST SE in Auburn, 98002 on an outdoor, covered stage. Performance is 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 Agreement—The Parrot Lady_Petpalooza 2020 Page 1 of 4 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: sound system (no wireless mic) and sound tech. Complete event information to follow 2-3 weeks prior to the event. 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 and No/100s ($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 given to the ARTIST in the form of a check at the conclusion of their performance. 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—The Parrot Lady_Petpalooza 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; Debbie Goodrich, 31425 52 AVE S, 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. 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—The Parrot Lady_Petpalooza 2020 Page 3 of 4 ARTIST DEBBIE GOODRICH The Parrot Lady theparrotlady@earthlink.net ARTIST TAX ID#: 326-80-8440 DATE: /2-1////9 CITY OF AUBURN L FABER Parks, Arts & Recreation Director DATE: �a .1h 22(tuktA' TY PACHCIARZ Special Events/ Coordinator DATE: t l/ / [q Agreement—The Parrot Lady_Petpalooza 2020 Page 4 of 4 2,,'t,2 4204/ AGREEMENT FOR ARTISTIC SERVICE QI THIS AGREEMENT is made and entered into this Iii' day of V, , 2019, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Ruth Weber, whose address is 3913 Bluff Place, Escondido, CA 92025, 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: 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, 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 (1) 60 minute performance of Ruth and Emilia on Wednesday, August 5, 2020, at 12:00 pm. ARTIST agrees to be on site no later than 11:30 am for set-up and/or sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Les Gove Park, 910 Ninth St. SE Auburn, WA, 98002 herein referred to as "VENUE" 4. REQUIREMENTS The CITY shall provide the following for this performance: P/A system and covered stage, water for performers and a merchandise table (if needed). 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of five hundred dollars and no/100 ($500.00) Kids SummerStage Agreement-2020 Page 1 of 4 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 following the performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Artist/Company biography, 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. 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 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. 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST by 10:00 AM on the day of the scheduled performance to determine if the performance will be moved indoors, or be 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. Kids SummerStage Agreement—2020 Page 2 of 4 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 Kristy Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Ruth Weber 3913 Bluff Place Escondido, CA 92025 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. 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. Kids SummerStage Agreement—2020 Page 3 of 4 ARTIST WAR ) RAcukta RUTH WEBER f ARTIST TAX ID#: SSG -8 6 b b o4 DATE: c.i f4- a3 )_occ1 CITY OF AUBURN DARYL FABER PARKS, ARTS & RECREATION DIRECTOR DATE: '—t ,ik<<, fifl KRISTY PACHCIARZ SPECIAL EVENTS COORDINATOR DATE: lb/( KidsAgreemeSummnterSt2020age — Page 4 of 4 3.1 o1S a D Z2piv Rips /op, AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this l day of V. , 2019, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Ledbetter Entertainment, whose address is 18352 160th PL SE, Renton, WA 98058, 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: 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, 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: A two-hour and 15-minute performance of Wally & The Beaves for Auburn's 4th of July Festival on Saturday, July 4, 2020, from 11:00 am to 12:15 pm and 1:00pm —2:00pm (set break from 12:15-1:OOpm). If Opening Ceremonies ends before 1:00pm, ARTIST is welcome to being second set early. ARTIST will be on-site no later than 10:15 am for set-up and sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at: Les Gove Park, 910 Ninth Street SE, Auburn, WA, 98002 herein referred to as "VENUE Agreement of—July Ledbett Festerival Entertainment 2020_4 Page—1 of 4 4. REQUIREMENTS The CITY shall provide the following for this performance: Sound system and sound technician(s) to set up and run equipment. Covered performance area. Water for entertainers. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of two-thousand, two-hundred dollars and no/100 ($2,200.00). 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's company manager or his/her designee immediately following the performance(s). 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Company bio, photos (high resolution electronic images) and any artwork specifically pertaining to ARTIST at the 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. 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 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. Agreement— Ledbetter Entertainment 2020_4th of July Festival Page—2 of 4 10. PERFORMANCE RAINOUT n/a. Event is held rain or shine. 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 Kristy Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Wayne Ledbetter Ledbetter Entertainment 18352 160th PL SE Renton, WA 98058 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—Ledbetter Entertainment 2020 4th of July Festival Page—3 of 4 • ARTIST / WAYNE LEDBETTER LEDBETTER ENTERTAINMENT ARTIST TAX ID#: 74-3210478 DATE: 2/14/20 CITY OF AUBURN 411111410 DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: KRISTY PACHCIARZ, SPECIAL EVENTS COORDINATOR PARKS, ARTS & RECREATION DATE: /Lo/t1 Aggreeme_4th ntof-JuLedbett lyFesterival Entertainment 2020 Page 4 of 4 A 1\(0,S OpiG NqL AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this qday of ,Sept , 2019, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Jason Barker, whose address is 21804 Mtn. Hwy E - PMB 98, Spanaway, WA 98387, 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: 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, 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: Four, 30-minute performances of Vuelta La Luna Circus Variety Show at Auburn's 4th of July Festival on Saturday, July 4, 2020. Performances are scheduled for 11:30am, 12:45pm, 2:30pm and 3:30pm. Included in performances are: two Aerialists, a Ringmaster, an acrobatic duo and a clown for `Let's Pretend Circus' — magic tricks and children's interaction. ARTIST will provide sound system and circus ring. ARTIST will also provide roving entertainment and hula hoops between shows. ARTIST will be on- site no later than 9:45 am for set-up and sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at: Les Gove Park, 910 Ninth Street SE, Auburn, WA, 98002 herein referred to as "VENUE Agreement—Vuelta La Luna 2020 4th of July Festival Page—1 of 4 4. REQUIREMENTS The CITY shall provide the following for this performance: An approximate 25' x 25' non- covered performance space, access to electricity (via regular outlet) and a minimum of 2 bleachers. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of three thousand dollars and no/100 ($3,000.00). The agreed fee will be paid in 2 payments; a $500.00 deposit in January 2020 and the remaining $2,500.00 on July 4, 2020. 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's company manager or his/her designee immediately following the performance(s). 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Company bio, photos (high resolution electronic images) and any artwork specifically pertaining to ARTIST at the 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. 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 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. 10. PERFORMANCE RAINOUT Agreement—Vuelta La Luna 20204th of July Festival Page-2 of 4 n/a. Event is held rain or shine. 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 Kristy Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Jason Barker Vuelta La Luna 21804 Mtn. Hwy E - PMB 98 Spanaway, WA 98387 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-Vuelta La Luna 2020 4th of July Festival Page3of4 ARTIST /c._. - JASON BARKS VUELTA LA LUNA 2 ARTIST TAX ID#: 53 J 0(� l SCP- DATE: 9H / 9 CITY OF AUBURN DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: %b/// s KRISTY PACHCIARZ, SPECIAL EVENTS COORDINATOR PARKS, ARTS & RECREATION DATE: eyy ai 02 Agree0 4th mentof—JulVyueltaFestival La Luna 2 Page—4 of 4 s\ a)(,-6 • ich,?.° 17 N4‘ AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 1 1 day of Pea , 2019, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Eric Ode dba Deep Rooted Music, LLC.,whose address is PO BOX 1324, Sumner,WA 98390, 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: 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, 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: Two (2)40 minute holiday performances on Saturday, December 12, 2020. The first performance will be performed from 8:50am—9:30am. The second performance will be performed from 11:20am — 12:00 (times are approximate).ARTIST agrees to help introduce/escort Santa. ARTIST agrees to be set-up no later than 8:00am for sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at the Auburn Community & Events Center, 910 Ninth St. SE Auburn, WA, 98002 herein referred to as "VENUE" 4. REQUIREMENTS The CITY shall provide the following for this performance: P/A System, access to electricity and an adequate indoor performance space. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the Breakfast with Santa 2020 Agreement— Eric Ode dba Deep Rooted Music, LLC. Page 1 of 4 ARTIST shall receive total compensation of five hundred dollars and no/100 ($500.00) 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 following the performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Artist/Company biography, 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. 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 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. 10. PERFORMANCE RAINOUT N/A. Performance is held indoors. 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. Breakfast with Santa_2020 Agreement—Eric Ode dba Deep Rooted Music, LLC. Page 2 of 4 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 Kristy Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Eric Ode Deep Rooted Music, LLC. PO BOX 1324 Sumner, WA 98390 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. 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. Breakfast with Santa 2020 Agreement—Eric Ode dba Deep Rooted Music, LLC. Page 3 of 4 ARTIST ` _ ERIC ODE ARTIST TAX ID#: —71 — 100 c--(13 8— DATE: g(a,..1,,e4 /, O f c) CITY OF AUBURN Com DARYL FABER PARKS, ARTS & RECREATION DIRECTOR DATE: 9/ )3(9go \24, , , r kZ 6 'elA Cl . KRISTY PACHCIAR SPECIAL EVENTS COORDINATOR DATE: /7° Breakfast with Santa_2020 Agreement— Eric Ode dba Deep Rooted Music, LLC. Page 4 of 4 i 3.1(o•S 900 Doq, AGREEMENT FOR ARTISTIC SERVICE !NAL kiN THIS AGREEMENT is made and entered into this E-0 day of NOV3 , 2019, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Eric Herman Endres aka Eric Herman, whose address is 3005 Rose Street, West Richland, WA 99353, 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: 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, 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 (1) 60 minute performance of Eric Herman and the Puppy Dogs on Wednesday, July 29, 2020, at 12:00 pm. ARTIST agrees to be on site no later than 11:30 am for set-up and/or sound check. ARTIST is responsible for providing sound system and any technical needs. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Les Gove Park, 910 Ninth St. SE Auburn, WA, 98002 herein referred to as "VENUE" 4. REQUIREMENTS The CITY shall provide the following for this performance: adequate power, covered performance area, merchandise table and water for performers. Kids SummerStage Agreement—2020 Page 1 of 4 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of seven hundred and twenty-five dollars no/100 ($725.00) 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 following the performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Artist/Company biography, 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. 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 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. 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST by 10:00 AM on the day of the scheduled performance to determine if the performance will be moved indoors, or be 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. Kids SummerStage Agreement—2020 Page 2 of 4 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 Kristy Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Eric Herman Endres 3005 Rose Street West Richland, WA 99353 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. 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. Kids SummerStage Agreement—2020 Page 3 of 4 ARTIST / ERIC HERMAN ENDRES �/' _ , ARTIST TAX ID#: 08-0 (C 6 3 cc! DATE: I/240 l? CITY OF AUBURN DARYL FABER PARKS, ARTS & RECREATION DIRECTOR DATE: //4?-0// KRISTY PACHCIARZ SPECIAL EVENTS COORDINATOR DATE: 4D I - Kids SummerStage Agreement—2020 Page 4 of 4 ,ita5 90-0 Z2o,1AGREEMENT FOR ARTISTIC SERVICEG//� ( THIS AGREEMENT is made and entered into this 20 day of 1 v + , 2019, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and The Marlin James Band, LLC, whose address is 3266 W. Rome Street, Yuma, AZ 85364, 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: 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, 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: A two and a half hour performance of The Marlin James Band for Auburn's Summer Sounds & Cinema event on Friday, August 7, 2020, from 6:00 pm to 8:30 pm (set break from 6:45-7:OOpm). ARTIST will be on-site no later than 5:30 pm for set-up and sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Les Gove Park, 910 Ninth Street SE, Auburn, WA, 98002 herein referred to as "VENUE" REQUIREMENTS The CITY shall provide the following for this performance: Sound equipment consisting of JBL SR4733 Mains x4 (have 6 if needed), JBL SR4719 Subs x2 (Dual 18" each), JBL SRX712M Monitors x6 (on 4 mixes; 6 mixes upon request), Yamaha M3000 40 channel board or Soundcraft Spirit 32 channel board, Guitar, mic, & speaker cables, Variety of mics, Mic stands, sound technician(s) to set up and run equipment. Agreement—The Marlin James Band Summer Sounds&Cinema 2020 Page 1 of 4 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, five hundred dollars and no/100 ($1,500.00). 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's company manager or his/her designee immediately following the performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Company bio, photos (high resolution electronic images) and any artwork specifically pertaining to ARTIST at the 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. 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 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. Agreement—The Marlin James Band Summer Sounds&Cinema 2020 Page 2 of 4 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST no later than 12:00pm on Friday, August 7, 2020, 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 Kristy Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Marlin Andrews c/o The Marlin James Band 3266 W. Rome Street Yuma, AZ 85364 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-The Marlin James Band Summer Sounds&Cinema 2020 Page 3 of 4 ARTIST jz._______.__ iff / MARLIN ANDREWS THE MARLIN JAMES BAND, LLC ARTIST TAX ID#: .c37 -&) -0&? ., DATE: /h23f7 CITY OF AUBURN DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: ///026// 4 KRISTY PACHCIARZ, SPECIAL EVENTS COORDINATOR PARKS, ARTS & RECREATION DATE: I0/0l 1" 1 Agreement—The Marlin James Band Summer Sounds&Cinema 2020 Page 4 of 4 r itip.s r ) ORIGINAL AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 12th day of July, 2019, by and between the City of Auburn,Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Kaelin Cooley whose address is 19815 121st St. E., Bonney Lake,WA; 253-347-4066, 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 artistic performance: Camp Leadership on Friday,July 19th, 2019. 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—Kaelin Cooley Page 1 of 4 .--) ? ORIGINAL 4. REQUIREMENTS The CITY shall provide the following for this workshop session: class room,van,field trip admissions. 5. COMPENSATION In consideration of the services to the CITY in connection with the information sessions, the TRAINER shall receive total compensation of$100 and 00/100 ($100.00). 6. PAYMENT The ARTIST 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 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 INSTRUCTOR 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— Kaelin Cooley Page 2 of 4 '1--) ORIGINAL 10. PERFORMANCE RAINOUT NIA. Information sessions will take place regardless of weather conditions, indoor facilities available. 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, Recreation Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 INSTRUCTOR k €J 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—Kaelin Cooley Page 3 of 4 IORIGINAL 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 TRAINER agrees to comply with all applicable State and local laws, rules and regulations. i '/ INSTRUCTOR SIGNATURE: A..,` ‘Q7' -.1 Kaelin Cooley 19815 121st St. E. Bonney Lake, WA 98391 INSTRUCTOR TAX ID#: 536-37-3098 DATE: .7 / / // q DIRECTOR SIGNATURE: j' t2 - DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: Agreement— Kaelin Cooley Page 4 of 4 ORIGINAL 900 AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 10th day of July, 2019, by and between the City of Auburn,Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Jessica Reitan whose address is 1710 Channel Road East, Lake Tapps,WA 98391; 253-579-4951, 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 ARTIST 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 TRAINER agrees to provide the following specific services in its artistic performance: Art Instrucor-Painting Instruction on Thursday, July 11, 2019. 3. SITE OF PERFORMANCE The INSTRUCTOR will conduct installation at Auburn Community and Events Center, 910 9th Street, Auburn,WA, herein referred to as "VENUE" Agreement—Jessica Reitan Page 1 of 4 ) ORIGINAL 4. REQUIREMENTS The CITY shall provide the following for these information sessions: class room, paint supplies,waterbottles. 5. COMPENSATION In consideration of the services to the CITY in connection with the information sessions, the TRAINER shall receive total compensation of$100 and 00/100 ($100.00). 6. PAYMENT The ARTIST 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 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 INSTRUCTOR 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—Jessica Reitan Page 2 of 4 ORIGINAL 10. PERFORMANCE RAINOUT NIA. Information sessions will take place regardless of weather conditions, indoor facilities available. 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, Recreation Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Jessica Reitan 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—Jessica Reitan Page 3 of 4 ORIGINAL 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 TRAINER agrees to comply with all applicable State and local laws, rules and regulations. INSTRUCTOR SIGNATURE: / ! • w Jessica Reitan 1710 Channel Road East Lake Tapps, WA 98391 INSTRUCTOR TAX ID#: 537-49-5095 DATE: 7 I ) ) )/ DIRECTOR SIGNATURE:CANd -- DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: V/// Agreement—Jessica Reitan Page 4 of 4 3,t io.S JGCINL '�131r1 AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 25th day of June, 2019, by and between the City of Auburn,Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Traci Woodcock whose address is 13102 151st Street , Puyallup,WA 98374; 253-315-0690, 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 TRAINER agrees to provide the following specific services in its artistic performance: Workshop Instructor-Aging with Grace on Tuesday,June 25th, 2019. 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—Traci Woodcock Page 1 of 4 ORIGINAL 4. REQUIREMENTS The CITY shall provide the following for this workshop session: class room, audio equipment,visual equipment. 5. COMPENSATION In consideration of the services to the CITY in connection with the information sessions, the TRAINER shall receive total compensation of$60 and 001100 ($60.00). 6. PAYMENT The ARTIST 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 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 INSTRUCTOR 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—Traci Woodcock Page 2 of 4 � Ufi1�IlvtiL 10. PERFORMANCE RAINOUT N/A. Information sessions will take place regardless of weather conditions, indoor facilities available. 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, Recreation Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 INSTRUCTOR Traci Woodcock 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—Traci Woodcock Page 3 of 4 ) ORIGINAL 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 TRAINER agrees to comply with all applicable State and local laws, rules and regulations. INSTRUCTOR SIGNATURE: tt— 1.))04, w� Traci Woodcock 13102 151St Street E. Puyallup, WA 98374 INSTRUCTOR TAX ID#: On File DATE: DIRECTOR SIGNATURE: DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: , b‘ufg. F-r-)6e-7 Agreement—Traci Woodcock Page 4 of 4 AGREEMENT FOR ARTISTIC SERVICES This Agreement is made and entered into this 12th day of April, 2019, by and between the City of Auburn, Washington, a municipal corporation of the State of Washington ("City") and Elise Koncsek ("Artist"), whose phone number and address is, 206.214.8140 and 9820 17th Ave NE Seattle WA.98115. WHEREAS, the City is selecting an artist for the Mary Olson Farm Artist in Residence program; and WHEREAS, the City desires to contract with Artist to work onsite during June-July 2019 and participate in a variety of public programming requiring coordination between the Artist and City of Auburn and White River Valley Museum staff. NOW THEREFORE THE CITY AND THE ARTIST IN CONSIDERATION OF THE CONDITIONS AND COVENANTS HEREIN DO AGREE AS FOLLOWS: ARTICLE 1. SCOPE OF SERVICE 1.1 GENERAL The Artist shall, in consultation with the City, participate as the Artist in Residence at the Mary Olson Farm and associated programming as follows: A. The Artist will be onsite at the Mary Olson Farm creating artwork no less than 10 hours per week for June and July of 2019 during hours, no less than one week prior, previously agreed upon by the City. B. The Artist will schedule dates with the City to be onsite for no less than two weekend open studio afternoons, from noon to 5 pm, at the Mary Olson Farm, open to the public, at which the artist is expected to engage with visitors, demonstrate techniques and answer questions. C. The Artist will teach one hands-on workshop class to the community at no charge at a date, time and location to be agreed upon between the Artist and the City. D. The Artist will present final artwork to the public for an exhibition, artist talk and reception at a date, time and location agreed upon by the Artist and the City. E. The Artist will donate one piece of two dimensional Artwork created during the residency to the City of Auburn, with a separate contract and according to collection acquisition policies through the Auburn Arts Commission, which will become property of the City. The Artist shall be responsible for all services and shall furnish all supplies, material, and travel expenses as necessary for completion of this scope of service. The Artist shall coordinate the intended work schedule and event dates with the City of Auburn staff. 1.2 PROJECT The scope of service is divided into three phases: Phase I, related to the signing of the contract for the Mary Olson Farm Artist in Residence program; Phase II is related to the duration of the residency and the above stated program requirements Article 1.1 A -C; Phase III, related to the completion of above mentioned expected residency requirements Article 1.1 D and E including final exhibition, artist talk, donation of artwork, as approved by the City. The Work shall be completed according to above phases and according to timeline agreed upon by the artist and the City as follows: A. Phase I - April, 2019 B. Phase II - June—July 2019 Resolution Exhibit A Agreement for Mary Olson Farm Artist in Residence Page 1 of 6 C. Phase III — Date to be determined with Artist and the City. 1.3 EXECUTION OF WORK The Artist shall approach all Phases of the Work as described above in accordance with the following additional expectations: A. Sign agreement with the City of Auburn about residency plans, expectations and guidelines. B. Leave the space in the same or better condition as when they began. The farm is on the National Register of Historic Places and as such absolutely NO changes can be made to the buildings, gardens or landscape. C. Understand that the artwork displayed must be appropriate for the public realm. D. Install and de-install your own work in a professional fashion for the final exhibition. E. Partner with the City of Auburn to market and promote the exhibition. Exhibits are publicized through city-generated press releases, printed materials, social media, and the City's web site at www.auburnwa.gov/arts. F. Artists are welcome to offer their works for sale, but are not required to do so. All sales are handled privately between the artist and the buyer. The City of Auburn does not take a commission on any works sold through the galleries or residency program. G. The Artist must agree to participate in the entire residency program including all events, the final exhibition, etc. No exceptions. H. The Artist is welcome to have visitors during the residency, but must notify the farm caretaker of planned visitors and receive advance permission. I. Comply with all federal, state, and local laws. J. No pets are allowed. K. The Artist shall coordinate the schedule for implementation and completion of program expectations with the City staff. 1.4 FINAL ACCEPTANCE A. The Artist shall advise the City in writing when all services required have been completed including donation of artwork, as accepted by the Auburn Arts Commission. B. The City shall notify the Artist in writing of its final acceptance of the Work. 1.5 RISK OF LOSS The risk of loss or damage to the Work shall be borne by the Artist until final acceptance, and the Artist shall take such measures as are necessary to protect the Work from loss or damage until final acceptance, including any protective measures necessary to prevent damage to the Work during installation. This includes any damage caused to artwork while onsite during the Artist in Residence program. 1.6 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 of the scope of service and the obligations contained in this Agreement on the part of the Artist, the Artist's agents, representatives, and employees except where such claims arise solely from the negligent acts of the City, its agents, representatives, or employees. ARTICLE 2. COMPENSATION AND PAYMENT SCHEDULE 2.1 FEE The City shall pay the Artist for satisfactory completion of the Artist in Residence Scope of Service in the total fixed amount of$3,500.00 (Three thousand five hundred dollars and no/100 U.S. Dollars)which shall constitute full compensation for all services to be performed and furnished by the Artist under this Agreement. All fees shall be paid in accordance with standard City business practices. One payment will be made following the signing of the contract, completion of Phase I, and prior to the beginning of the residency period. The second payment will be made upon completion of Phase II as outlined in Article 1.1 A-C, and the final payment will be made upon completion of the Phase III and the Scope of Service, as outlined in Article 1.1 line items D-E, as approved by the City. 2.2 PAYMENT The first payment of$750 will be paid by the City to the Artist after signing this Agreement, completion of Phase I, and before June 1, 2019. The second payment of$2,000 will be paid by the City to the Artist upon completion of Phase II. The final payment of$750 will be paid by the City to the Artist upon completion of Phase III and the Scope of Service outlined in Article 1.1, including all Artist in Residence program requirements. 2.3 TAXES The Artist is responsible for payment of all local, state, and federal taxes, which may be due from the Work as a result of performance under this contract. 2.4 ARTIST EXPENSES The Artist shall be responsible for the payment of all transportation costs, art materials, framing or expenses related to the final exhibition, and all other expenses related to the performance of this Agreement. ARTICLE 3. TIME OF PERFORMANCE 3.1 DURATION The services to be required of the Artist shall be completed in accordance with the schedule agreed upon by the Artist and City of Auburn staff. The approximate timeline for the project is outlined as follows: Contract due by April 30, 2019; Artist participating in residency and associate programming from June 1 —July 31, 2019; Artist and City staff to determine date of final exhibition, artist talk and reception following the aforementioned residency dates. ARTICLE 5. REPRODUCTION RIGHTS 5.1 GENERAL The Artist retains all rights under the Copyright Act of 1976 and all other rights in and to the Work except ownership and possession and except as such rights are limited by this Section. In view of the intention that the Work in its final dimension shall be unique, the Artist shall not make any additional exact duplicate, three-dimensional reproductions of the final Work nor shall the Artist grant permission to others to do so except with the written permission of the City. The Artist grants to the City, the White River Valley Museum and its assigns an irrevocable license to make representative reproductions of the Work for non-commercial purposes, including but not limited to reproductions used in brochures, media publicity, educational or promotional materials for City programming or events, marketing, and catalogues or other similar publications, provided that these rights are exercised in a manner which depicts the integrity of the Work. 5.2 NOTICE All reproductions by the City shall contain a credit to the Artist in the following form: "Title," "year", "Artist". 5.3 CREDIT TO THE CITY The Artist shall use their best efforts to give a credit reading substantially, "An original Work owned and commissioned by the City of Auburn, Washington" in any public showing under the Artist's control of the reproductions of the Work. ARTICLE 6. ARTIST'S RIGHTS 6.1 IDENTIFICATION City shall determine the best location and method for placement of donated Artwork and the plaque prior to its installation. The plaque identifying the work as outlined in Article 5.2 shall be installed by the City. 6.2 MAINTENANCE The City recognizes that maintenance of the donated Artwork on a regular basis is essential to the integrity of the Work. The City shall make reasonable efforts to assure that the Work is properly maintained and protected, taking into account the instructions of the Artist provided. 6.3 REPAIRS AND RESTORATION The City shall have the right to determine when and if repairs and restorations to the Work will be made. The Artist shall not unreasonably withhold approval for any repair or restoration of the Work. If the Artist unreasonably fails to approve any repair or restoration, the City shall have the right to make such repair or restoration. 6.5 RIGHTS TO RELOCATE THE WORK The City shall have the right, at its sole discretion, to move and relocate the work to a new location within the City at any time it deems relocation to be in the interest of the City. In the event of any such relocation, the City shall be responsible for the costs involved therewith. 6.6 PERMANENT RECORD The City shall maintain on permanent file a record of this Agreement and of the location and disposition of the Work. 6.7 CONTRACT A separate contract regarding the policies of the donated artwork must be filled out by the Artist and approved by the Auburn Arts Commission. ARTICLE 7. NON-DISCRIMINATION The Artist shall comply with all federal, state, and local laws and ordinances prohibiting discrimination and employment with regard to age, sex, race, color, creed, national origin, or physical, mental handicap. ARTICLE 8. 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: Allison Hyde, Arts Coordinator Elise Koncsek City of Auburn Artist Parks, Arts & Recreation 9820 17th Ave NE 910 Ninth Street SE Seattle, WA 98115 Auburn,WA 98002 206.214.8140 Telephone: 253-804-5043 Either party may, by like notice at any time, designate a different address to which notices shall be sent. Notice in accordance with these provisions shall be deemed received when mailed. ARTICLE 9. TERMINATION Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. In the event of default by the City, the City shall promptly compensate the Artist for all services performed by the Artist prior to termination. The City shall compensate the Artist for all work as performed prior to termination. Notwithstanding, the Artist shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Artist and the City may reasonably withhold payments to the Artist until such time as the exact amount of such damages due the City from the Artist is determined. ARTICLE 10. GENERAL PROVISIONS 10.1 ENTIRE AGREEMENT This agreement constitutes the entire agreement between the parties and may not be changed or modified nor any provision hereof waived except in writing agreed to by both parties. 10.2 APPLICABLE LAW This Agreement and the rights of the parties hereunder shall be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in King County, Washington. This Agreement shall be construed in accordance with any and all questions with respect hereto shall be determined by the laws of the State of Washington. 10.3 COSTS TO PREVAILING PARTY In the event of such litigation or other legal action, to enforce any rights, responsibilities or obligations under this Agreement, the prevailing parties shall be entitled to receive its reasonable costs and attorney's fees. 10.4 COMPLIANCE WITH APPLICABLE LAWS In the performance of the Work, the Artist agrees to comply with all applicable state and local laws, rules, and regulations. Each of the following parties agrees to all of the above terms and conditions of this Loan Agreement. ARTIST By: Date: 4/12/19 Print Name: Elise Koncsek Address, phone, email: 9820 17th Ave NE Seattle, WA 98115 206.214.8140 SunbirdArtWorks@gmail.com CITY �u�uburn 1- Date: V/6/ /5 Print Name: al f�� [—cher— Daryl Faber, Director of Parks, Arts and Recreation, City of Auburn • 97)141oq� AGREEMENT FOR ARTISTIC SERVICE %INiL tid THIS AGREEMENT is made and entered into this 1- day of n. , 2019, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Kathy Youtsey (Hall Pass Band),whose address is 8222 NE 115 Place, Kirkland,WA 98034, 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: 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, 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: 90 minute performance of Hall Pass Band for Auburn's 4th of July Festival on Thursday, July 4, 2019, from 2:30pm —4:00pm (no set break). ARTIST will be on-site no later than 2:00 pm for set-up and sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Les Gove Park, (910 Ninth Street SE),Auburn, WA, 98002 herein referred to as "VENUE" 4. REQUIREMENTS The CITY shall provide the following for this performance: Sound equipment and one sound technician to set up and run equipment, water for performers and a covered stage. Agreement—Hall Pass Band 4 of July Festival_2019 Page 1 of 4 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, five hundred dollars no/100 ($1,500.00). 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. The agreed fee will be paid in 1 payment, which shall be delivered to the ARTIST's company manager or his/her designee immediately following the performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Company bio, photos (high resolution electronic images) and any artwork specifically pertaining to ARTIST at the 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. 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 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. Agreement—Hall Pass Band 4m of July Festival_2019 Page 2 of 4 10. PERFORMANCE RAINOUT Performance is rain or shine. 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 Kristy Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Kathy Youtsey Hall Pass Band 8222 NE 115 Place Kirkland,WA 98034 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— Hall Pass Band 4rn of July Festival_2019 Page 3 of 4 ARTIST KAT YOUT HALL PASS BAND ARTIST TAX ID#: 241` el r. DATE: is s! CITY OF AUBURN DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: IlL111421 I e C/1 KRISTY PACHCIARZ, SPECIAL EVENTS COORDINATOR PARKS, ARTS & RECREATION DATE: I/ / q Agreement— Hall Pass Band 4 of July Festival_2019 Page 4 of 4 �Ac,S .;-) ORIGINAL AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 8th day of August, 2019, by and between the City of Auburn,Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Grey Geppert,whose address is 220 Clay Street NW,Auburn,WA 98001; 314.346.6240, herein referred to as "INSTRUCTOR". WHEREAS, the CITY desires to contract with the INSTRUCTOR to provide parkour 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 TRAINER agrees to provide the following specific services in its artistic performance: Parkour instruction on July 30, 2019. 3. SITE OF PERFORMANCE The ARTIST will conduct installation at Seattle Art Museum's Sculpture Park, 2901 Western Ave, Seattle,WA 98121, herein referred to as"VENUE" Agreemen Grey Leppert Page 1of4 ORIGINAL 4. REQUIREMENTS The CITY shall provide the following for these information sessions: participants. 5. COMPENSATION In consideration of the services to the CITY in connection with the information sessions, the INSTRUCTOR shall receive total compensation of 239 and 00/100 ($239.00). 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 mailed to the INSTRUCTOR following the program instruction. 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-Greyppert Page 2 of 4 In ORIG11\jAL 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 Grey Geppert 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. 2--1/1--- greement-Grey Gepp Page 3 of 4 ORIGINAL 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: Grey Geppert 220 Clay Street NW Auburn, WA 98001 INSTRUCTOR TAX ID#: DATE: U / / /('f DIRECTOR SIGNATURE: DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: � ��l I C reement—Grey Geppert Page 4 of 4 A 3'1106 ORIGINALWl AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 8th day of August, 2019, by and between the City of Auburn,Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Grey Geppert,whose address is 220 Clay Street NW, Auburn,WA 98001; 314.346.6240, herein referred to as "INSTRUCTOR". WHEREAS, the CITY desires to contract with the INSTRUCTOR to provide parkour 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 program instruction: Parkour instruction on August 16th, 2019. 3. SITE OF PERFORMANCE The INSTRUCTOR will conduct installation at Game Farm Park, 3030 "R" Street SE, Auburn,WA, herein referred to as"VENUE" Agreement—Grey Geppert Page 1 of 4 ORIGINA 4. REQUIREMENTS The CITY shall provide the following for these information sessions: participants. 5. COMPENSATION In consideration of the services to the CITY in connection with the information sessions, the TRAINER shall receive total compensation of 219 and 001100 ($219.00). 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 mailed to the INSTRUCTOR following the program instruction. 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. /7 greement— c -y Ge•�rt Page 2 of 4 ' Ii 10. PERFORMANCE RAINOUT N/A. Instruction sessions will take place regardless of weather conditions. 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 Grey Geppert 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. gree ent— ey Leppert Page 3 of 4 LIRIGHVA L 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: Grey Geppert 220 Clay Street NW Auburn, WA 98001 INSTRUCTOR TAX ID#: DATE: ?//27 ( DIRECTOR SIGNATUR DARYL FABER, DIRECT - PARKS, ARTS & RECREATION DATE: OIL S A —Grey Geppert Page 4 of 4 (204yeZ. AGREEMENT FOR ARTISTIC SERVICE "Mt THIS AGREEMENT is made and entered into this 4441 day of In. , 2019, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Brian Vogan, whose address is 4103 35th Ave SW, Seattle, WA 98126, 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: 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, 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: Two (2) 40 minute holiday performances on Saturday, December 14, 2019. The first performance will be performed from 8:50am—9:30am. The second performance will be performed from 11:20am—12:00 (times are approximate). ARTIST agrees to help introduce/escort Santa. ARTIST agrees to be set-up no later than 8:00am for sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at the Auburn Community& Events Center, 910 Ninth St. SE Auburn, WA, 98002 herein referred to as "VENUE" 4. REQUIREMENTS The CITY shall provide the following for this performance: P/A System, access to electricity and an adequate indoor performance space. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the Breakfast with Santa_2019 Agreement—Brian Vogan Page l of 4 ARTIST shall receive total compensation of five hundred dollars and no/100 ($500.00) 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 following the performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Artist/Company biography, 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. 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 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. 10. PERFORMANCE RAINOUT N/A. Performance is held indoors. 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. Breakfast with Santa 2019 Agreement—Brian Vogan Page 2 of 4 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 Kristy Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Brian Vogan 4103 35th Ave SW Seattle, WA 98126 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. 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. Breakfast with Santa 2019 Agreement—Brian Vogan Page 3 of 4 ARTIST , BRIAN VOGAN ARTIST TAX ID#: _1 - 6 9 DATE: CITY OF AUBURN DARYL FABER PARKS, ARTS & RECREATION DIRECTOR DATE: Pcc " KRISTY PACHCIARZ SPECIAL EVENTS COORDINATOR DATE: Breakfast with Santa 2019 Agreement—Brian Vogan Page 4 of 4 X161 AGREEMENT FOR ARTISTIC SERVICE Oak/ " THIS AGREEMENT is made and entered into this I day of \i an, , 2019 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Seattle FlyDogs, ATTN: Tammy Foss, 15326 NE 6th Place, Bellevue, WA, 98007, 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: ARTIST will be on-site at Auburn's Petpalooza on Saturday, May 18, 2019 from 10:00am — 5:00pm. ARTIST will provide the festival with four (4) Flydog performance demos; 10:30am, 12:30pm, 2:30pm and 4:15pm. ARTIST will provide the f festival with three (3) open agility playtimes at 11:15am, 1:15pm and 3:45pm. ARTIST is to arrive at the event site between 7:00am — 8:30am for set-up. ARTIST will provide all necessary supplies/equipment. Petpalooza is held rain or shine. CITY understands that ARTIST cannot perform in the rain, in which case, ARTIST will provide the public with information/instruction about the sports of flydog and agility. ARTIST will set-up rain or_ /iv shine. Agreement—Seattle FlyDogs Petpalooza 2019 Page 1 of 4 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Game Farm Park, 3030 R ST SE in Auburn, 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: A 100' xft6'performance area. 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 Dollars and No/100s ($600.00). 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 1 payment and given to the ARTIST in the form of a check at the conclusion of their performance. 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. '16Y Agreement—Seattle FlyDogs Petpalooza 2019 Page 2 of 4 . 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 1/ follows: City of Auburn, 910 Ninth Street SE, Auburn, WA 98002; Seattle FlyDogs, ATTN: Tammy Foss, 15326 NE 6th PL, Bellevue, WA, 98007. 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 V 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—Seattle FlyDogs Petpalooza 2019 Page 3 of 4 ARTIST �j► TAMMY OSS SEATTLE FLYDOGS ARTIST TAX ID#: 574-68-8278 DATE: / /1(0 j,9 CITY OF AUBURN DA YL ABER Parks, Arts & Recreation Director DATE: 1/ 7/15 4atkep,. K ISTY PACHCIARZ Special Events Coordinator DATE: V /119 Agreement—Seattle FlyDogs Petpalooza 2019 Page 4 of 4 2°11 D ORie AGREEMENT FOR ARTISTIC SERVICE >( ttAA THIS AGREEMENT is made and entered into this day of Inn . , 2019 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 18, 2019. Performances to be held at 10:15am, 11:30am, 1:30pm, 3:00pm and 4:30pm. See addendum (9 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 2019 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 2019 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 2019 Page 3 of 4 ARTIST Bart oll All-Alaskan Racing Pigs, LLC ARTIST TAX ID#: 574-32-2004 DATE: I • f5- /7 CITY OF AUBURN A`L ABER Parks, Arts & Recreation Director DATE: //1/4 2 KR 1.TY PACHCIARZ Special Events Coordinator DATE: 1/2111 Agreement—All-Alaskan Racing Pigs, LLC Petpalooza 2019 Page 4 of 4 is All-Alaskan Event Entertainment Contract Information Sheet Legal Entity: All-Alaskan Racing Pigs,LLC Mailing Address: Business Address: 508 Kodiak St DO NOT MAIL TO THIS ADDRESS Eugene OR 97401 7802 NE 112th Kirkland WA 98034 Phone: Bart Noll, 541-513-2142 Deanne Lahaie-Noll,541-513-2141 Fax: 855-333-0945 Email: aarpigsna gmail.com Facebook: facebook.com/racingpigs Web site: www.pigrace.com facebook.com/pedalpullers Liability Insurance: Racing Pigs—Wraith, Scarlett and Randolph CFSA Hazard#1I8 Pedal Pullers—Specialty Insurance Company CFSA Hazard#400 ***************************************************************************************** USE ONLY THIS NUMBER ON ALL CONTRACTS AND WITHHOLDING DOCUMENTS AND FORMS Tax Identification Number(TIN): 574-32-2004 ****************************************************************************************** Workers Compensation Insurance: Washington State Labor& Industries Account 551,863-02 (Washington State Labor& Industries does not provide new certificates each year. You can verify our coverage through their website: http://www.lni.wa.gov/TradesLicensing/Contractors/HireCon/Verify/#4) Washington State Uniform Business Identifier Number: 603 091 599 California State Board of Equalization Sellers Permit#6/26/98 SR OH 97257512 USDA: Class C Exhibitor,License#92-C-0165 Contract Language Starting on the following page is a complete contract document if you wish us to prepare the contract. If you must have the contract on your own form,please use this language under your"Scope of Work",or another appropriate place on your contract. Page 1 of 9 Performance Contract for All-Alaskan Racing Pigs ENTERTAINER: All-Alaskan Racing Pigs, LLC Business Address: Mailing Address: DO NOT MAIL TO THIS ADDRESS 508 Kodiak St 7802 NE 112th Eugene OR 97401 Kirkland,WA 98034 Federal ID No.: 574-32-2004 BUYER: City of Auburn, Washington 910 Ninth Street 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 18, 2019. 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 four(4)shows per day, each show beginning minimum one-and-a-half hour 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. all personnel needed for show performance, 2. the race track fencing and starting gates, 3. a high-quality sound system, 4. costumes for personnel and the pigs, 5. climate-controlled housing for the pigs, 6. enough trained pigs to fulfill the show commitments, 7. high-quality care for all of the animals, 8. access to equipment so buyer may inspect the animals and facility immediately, upon request. 9. a weblink to the fair's event website on www.pigrace.com 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. six 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. Page 2 of 9 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 power, water, and sewer hookups located as close to the racing pig area as possible to allow quick access to the animals at all times. 11. billing of the show as"All-Alaskan Racing Pigs" in all advertising, promotions, schedules, signage, announcements, or other mentions of the attraction. 12. A web link to www.pigrace.com on the fair's event website. !_ • _ ! . _ ._. . . _ _ e • track. Entertainer will provide: .• - 3. at least two people to sign up participants and conduct competitions, . . - •- - • - .. . . - . . - .... . ,. . -- .. Buyer will provide: 1. power within 50 feet of the show location, Buyer will pay Entertainer$4,120.00 (four thousand, one-hundred and 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 period for an equal or greater price. Entertainer will provide proof of$2,000,000 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: Additional information,including diagrams, is included in Attachment AARP-1 to this contract. ENTERTAINER: BUYER: Page 3 of 9 Bart Noll Owner Name Title Name Title All-Alaskan Racing Pigs, LLC Organization Organization Signature Date Signature Date 574-32-2004 Federal Identification Number Federal Identification Number Page 4 of 9 Attachment AARP-1 All-Alaskan Racing Pigs and Pedal Pullers Checklist and Resources Space Need: Ideally a 30-foot by 70-foot flat-ish area. Can be smaller. Spectators will sit or stand outside of this footprint.Drainage is important. See below. Shavings: 20-25 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 several weeks 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. This assures that you do not run out of shavings before the end of your event. Straw: Six 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 at the end of the trailer so that waste water passes through the shavings as it exits the trailer,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-guage 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. Site Access: Since we have animals on the grounds, we need 24/7 access to the fairgrounds. It is rare that we visit them overnight, but just in case... RV Space: Our motor homes are about 25 feet long and have a slide out, making them about 9-feet 6-inches wide when parked. { Page 5 of 9 rr Schedule: We are flexible on our show schedule to make sure you have the optimal number of shows each day. We will work with you to make sure that is accomplished. We do ask that you note the contract limitation of the length of the show day.The crews have work to do both before the first show and after the last show,and we are all careful about overtime.Please remember to make the start of the first show and the start of the last show no more than seven hours apart. Promotional Materials: We have photos,video, bio information, logo art,and diagrams available for your use. We distribute it through a Dropbox account.Contact Bart at aarpigsQmail.com for login credentials. s: See Diagramfollowing pages. Below: Photo of set up at 2016 Alameda County Fair showing full set up of racing pig track with bleachers and shade cover provided by the fair. Pedal Pullers surface would fit in infield of track. Fence sections can be moved to create an opening for participants to enter the infield during the pedal pulls. , ' li ., 1\ .• 1. .... ..., L i / 40j� . ....:,,,,.e''''.7...?' N y- r » y , ;4''' v° .''':.4, ;l , 'R azo', > °� t � ,. su2 • �. ,. % "` l''''' �,,ski � � C' ��' Page 6 of 9 IL A o aJ 0- a 44 .t 4 1'44 ro 4.0W 4::. . 1 .t, ,i _i_a, a) a) E l'*----------- E a) a) W ct c.)C "0 G 0: ctEi cA U a) ) ► C N ' a) o o f oO s- cd Vn z = Z bA 4= N ,1 I . b!) .' G QCI a7 v Q, �, s. N H U- _ LL 1zi P Q 4 0 C C c >c1 cl, E--4 o o m o z 3 ct co p z � � Q a) s F a) 03 V lil- V1 a`) a) > a ct To -aa) E U a a) +r zccs V U_ a z a. E W o O 0 1CO CS'7, O 4°r 40 Off` nes i < • ,u- ca J H • - 11.4 a E 4 ami V co acc in N v m (------ --.....- a) U .� 4- o a)O. o 00 0.0 cat ° > .aco 0) 6 •� cuco4 C as N 0) O 0 L 4 O •b O U L.t, C 4•, C CO O CO y —' s., N Na) 'N .in" ti. —. N U Y C O 7 cl O N E E C c :E •— =o 3 E o CD vi a1"i)OOU b.xU4-,',� CL cn H rn CrI �_ '� N et 0 � °' v _ 0 U <4-. a) OY as sv yam., ,,JC ., •L7 ,:-.3 L O @ C V1CX z '� t" O � c0 Y • �i V = N •O O s. != •. O • Cr E ° o o • © :, cu •- z — ________• O N E i, et• vs L f0 .0 U a) O bCA az) a y 0CO +� C/] Y U -o Vi w C.4 CI4 v cu a) - ct U C.) CL 3 L E ..c ... � GA y C 40 F- W cd CO b C4 N0,0 vi L. —A s O R3 00 ai U-. - O a) Y u ..0 4. y.+ s-, ; .L-.. U• a • 'UC OI CCS co to .E g o 6 O i U O t. o co y C w 6) C 3 a) O- -b 3 `�' O y �' ct- 9°� > E N co V C C � a) h0 u 1- U N cn cC C s E °�) ',./; o 2 ro Uv U Y A - O > - a a) C YC. cz NC C C .. . O S C f9—► a E y U „, . 'a Cl, E C.$_ I o °o° C 3 .°o o 1 ro c) o / 3 >.- '-4." Ti) "' `h -0.-) tA°° c> L c0 c0 o oCn = a < tl CO C O C E- •C. 3 -C CO co coc, ..0 CL c Ca E-', v) -C v) CA E-- . I -- N ri 4 kr; v O. 0) N Q, o m c v c4 a N T C 4, O C O I 'Hi,x '3 7', 4 V b CO if ,. .-,, • .I i F . { r 3 , k. 1 ' ct 3 I , i - , f f Imo. by a ,'1 z= .a t f '� I. Ti,;";,... ,Y r /' . . \ t, N ' of . I \l} gg4.1' !' 1 1. .a ) i' . V '^- _ • CU It E a) .-r 'a0 • t G) G) p r S"' w c C N 0E 0 V c >' o 0 4° 1)01;191'1�/N AGREEMENT FOR ARTISTIC SERVICE 4/ -fill THIS AGREEMENT is made and entered into this I" day of QP1. 2019, by and between the City of Auburn,Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Easytone, LLC,whose address is 13099 167th SE, Snohomish,WA 98290, 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: 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, 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: 90 minute performance of'Crème Tangerine' for Auburn's Summer Sounds & Cinema event on Friday, July 26, 2019,from 7:00pm—8:30pm (no set break). ARTIST will be on- site no later than 6:30 pm for set-up and sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Lea Hill Park, 31693 124th AVE SE, Auburn,WA, 98092 herein referred to as "VENUE" 4. REQUIREMENTS The CITY shall provide the following for this performance: Sound equipment and one sound technician to set up and run equipment, water for performances and a stage (not covered). Agreement—Crème Tangerine Summer Sounds&Cinema 2019 Page 1 of 4 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,two-hundred dollars no/100 ($1,200.00). 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. The agreed fee will be paid in 1 payment, that shall be delivered to the ARTIST's company manager or his/her designee immediately following the performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Company bio, photos (high resolution electronic images) and any artwork specifically pertaining to ARTIST at the 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. 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 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. Agreement—Crème Tangerine Summer Sounds&Cinema 2019 Page 2 of 4 10. PERFORMANCE RAINOUT In the event of rain,the CITY will contact the ARTIST no later than 12:00pm on Friday, August 10, 2018,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 Kristy Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Easytone, LLC ATTN: Jeff Lockhart 13099 167th SE Snohomish,WA 98290 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-Crème Tangerine Summer Sounds&Cinema 2019 Page 3 of 4 ARTIST / ow-! /A ier 4 -.- ./ ... JEFF o! KHART EASY' .NE, LLC ARTIST TAX ID#: ✓ q ✓ed ✓,5-1-6 DATE: 0/.1( /I CITY OF AUBURN DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: I('2-.3 // J 17 ,.1361..x..,t• V1 c;--'- KRISTY PACHCIARZ, SPECIAL EVENTS COORDINATOR PARKS, ARTS & RECREATION DATE: 05/19 Agreement-Crème Tangerine Summer Sounds&Cinema 2019 Page 4 of 4 00p4, F AGREEMENT FOR ARTISTIC SERVICE 44 j THIS AGREEMENT is made and entered into this day of Vuvi•, 2019, by and between the City of Auburn,Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and The Marlin James Band, LLC,whose address is 3266 W. Rome Street, Yuma,AZ 85364, 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: 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, 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: 90 minute performance of The Marlin James Band for Auburn's Summer Sounds & Cinema event on Friday, August 2, 2019, from 7:00 pm to 8:30 pm (no set break). ARTIST will be on-site no later than 6:15 pm for set-up and sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Sunset Park, 1420 69th Street SE, Auburn,WA, 98092 herein referred to as "VENUE" REQUIREMENTS The CITY shall provide the following for this performance: Sound equipment consisting of JBL SR4733 Mains x4 (have 6 if needed), JBL SR4719 Subs x2 (Dual 18" each),JBL SRX712M Monitors x6 (on 4 mixes; 6 mixes upon request), Yamaha M3000 40 channel board or Soundcraft Spirit 32 channel board, Guitar, mic, & speaker cables, Variety of mics, Mic stands, sound technician(s)to set up and run equipment. Agreement—The Marlin James Band Summer Sounds&Cinema 2019 Page 1 of 4 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, five hundred dollars and no/100 ($1,500.00). 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's company manager or his/her designee immediately following the performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Company bio, photos (high resolution electronic images) and any artwork specifically pertaining to ARTIST at the 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. 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 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. Agreement—The Marlin James Band Summer Sounds&Cinema 2019 Page 2 of 4 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST no later than 12:00pm on Friday, August 2, 2019,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 Kristy Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Marlin Andrews c/o The Marlin James Band 3266 W. Rome Street Yuma, AZ 85364 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-The Marlin James Band Summer Sounds&Cinema 2019 Page 3 of 4 ARTIST MA LINA DREWS THE MARLIN JAMES BAND, LLC ARTIST TAX ID#: DATE: 36 - 9 CITY OF AUBURN DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: /12-3115 46u0/11/{(/‘--- KRISTY PACHCIARZ, SPECIAL EVENTS COORDINATOR PARKS, ARTS & RECREATION DATE: 1 i I I,'1 Agreement—The Marlin James Band Summer Sounds&Cinema 2019 Page 4 of 4 A ,‘lc.'5 ORIGINAL AGREEMENT FOR ARTISTIC SERVICE )`t THIS AGREEMENT is made and entered into this 26th day of February, 2019, by and between the City of Auburn,Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY"and Traci Woodcock whose address is 13102 151st Street, Puyallup,WA 98374; 253-315-0690, 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 TRAINER agrees to provide the following specific services in its artistic performance: Workshop Instructor- Dodging Diabetes on Tuesday, February 26, 2019. 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—Traci Woodcock Page 1 of 4 -) ORIGINAL 4. REQUIREMENTS The CITY shall provide the following for this workshop session: class room, audio equipment,visual equipment. 5. COMPENSATION In consideration of the services to the CITY in connection with the information sessions, the TRAINER shall receive total compensation of$60 and 00/100 ($30.00). 6. PAYMENT The ARTIST 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 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 INSTRUCTOR 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—Traci Woodcock Page 2 of 4 .9 ORIGINAL 10. PERFORMANCE RAINOUT NIA. Information sessions will take place regardless of weather conditions, indoor facilities available. 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, Recreation Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Traci Woodcock 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—Traci Woodcock Page 3 of 4 ORIGINAL D. The TRAINER 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 TRAINER agrees to comply with all applicable State and local laws, rules and regulations. INSTRUCTOR SIGNATUREA„likraaadadv Traci Woodcock 13102 151st Street E. Puyallup, WA 98374 INSTRUCTOR TAX ID#: On File DATE: DIRECTOR SIGNATURE: DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: lab\ A 3/44 24o- 1 Agreement—Traci Woodcock Page 4 of 4 ID0 p/G� N AGREEMENT FOR ARTISTIC SERVICE �4L THIS AGREEMENT is made and entered into this 1w day of OA' , 2019 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Debbie Goodrich, aka "The Parrot Lady", 31425 52 AVE S, Auburn, WA, 98001, 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: One 30 minute performance at Petpalooza to take place on Saturday, May 18, 2019. The performance is to be held from 2:30pm — 3:00pm and ARTIST is to arrive at the site no later than 2:15pm. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Game Farm Park, 3030 R ST SE in Auburn, 98002 on an outdoor, covered stage. Performance is 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 Agreement—The Parrot Lady_Petpalooza 2019 Page 1 of 4 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: sound system (no wireless mic) and sound tech. Complete event information to follow 2-3 weeks prior to the event. 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 and No/100s ($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 given to the ARTIST in the form of a check at the conclusion of their performance. 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—The Parrot Lady_Petpalooza 2019 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; Debbie Goodrich, 31425 52 AVE S, 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. 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—The Parrot Lady_Petpalooza 2019 Page 3 of 4 ARTIST ( L-./ ff DEBBIE GOODRICH The Parrot Lady theparrotlady@earthlink.net ARTIST TAX ID#: 326-80-8440 DATE: J I 6-1 CITY OF AUBURN DARYL FABER Parks, Arts & Recreation Director DATE: / /)-3// S K STY PACHCIARZ Special Events Coordinator DATE: (/[011 Agreement—The Parrot Lady_Petpalooza 2019 Page 4 of 4 100k AGREEMENT FOR ARTISTIC SERVICE N* THIS AGREEMENT is made and entered into this ..L3 day of M (Ck . , 2019 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Louie Foxx, 2095 S Kent-Des Moines Road, Des Moines, WA 98178, 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: One 40 minute performance at Auburn's KidsDay to take place on Tuesday, June 25, 2019. Performance is to be held from 2:30pm — 3:10pm and ARTIST is to arrive at the site no later than 2:00pm for set-up and sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performances at Les Gove Park, 910 Ninth Street SE in Auburn, 98002 on an outdoor, covered stage. Performance is 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. Agreement—Louie Foxx KidsDay 2019 Page 1 of 4 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: sound system and sound tech. Complete event information to follow 1-3 weeks prior to the event. 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 Dollars No/100s ($400). 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 or his/her designee in the form of a check at the conclusion of each performance. 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. Agreement—Louie Foxx KidsDay 2019 Page 2 of 4 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; Louie Foxx, 2095 S Kent-Des Moines Road, De 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—Louie Foxx KidsDay 2019 Page 3 of 4 T LOUIE FOXX ARTISTTAXID#: " - `� (4ItI DATE: L-1/ ji/ CITY OF AUBURN A - BER Parks, Arts & Recreation Director DATE: 242C't KR STY PACHCIARZ Special Events Coordinator DATE: 3/2,57I Agreement—Louie Foxx KidsDay 2019 Page 4 of 4 9110 Jr)o(100 R%i N4Z AMENDMENT No. 1 to the CITY OF AUBURN AGREEMENT FOR ARTISTIC SERVICES with Aaron Canwell (Micah and Me) For good and valuable consideration, the parties agree to amend the above agreement in the following manner: • Section 2, "SCOPE OF WORK" is amended to strike the performance for "Friday, June 21, 2019" and require a performance for "Tuesday, June 25, 2019". All other provisions of the Agreement and of any previous amendments remain in full force and effect. (INV Executed this IT day of ,� r�/►w , 2019 CITY OF AUBURN A1TI5T: , ,17 `Ct. t-' dir Daryl Faber, Director Aaron Canwell Parks, Arts & Recreation Department Kristy Pachciarz, Special Events Coordinator Parks, Arts & Recreation Department C AGREEMENT FOR ARTISTIC SERVICE 120 koi THIS AGREEMENT is made and entered into this day of��I , 2019, by and IAL between the City of Auburn, Washington, a Municipal Corporation of the State(of Washington herein referred to as "CITY" and Brian Vogan, whose address is 4103 35th Ave SW, Seattle,WA 98128 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: 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, 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 (1) 60 minute performance on Wednesday, August 14, 2019, at 12:00 pm. ARTIST agrees to be on site no later than 11:30 am for set-up and/or sound check. ARTIST will provide sound system and tech services for performance. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at: Les Gove Park, 910 Ninth Street SE, Auburn WA 98002 herein referred to as "VENUE" 4. REQUIREMENTS The CITY shall provide the following for this performance: Covered performance area with access to electricity, merchandise table and water for entertainers. General event management as needed and appropriate. Kids Summerstage 2019 Agreement—Brian Vogan Page 1 of 4 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of seven hundred and fifty dollars and no/100 ($750.00) 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 following each performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Artist/Company biography, 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. 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 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. 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST by 10:00 AM on the day of the scheduled performance to determine if the performance will be moved indoors, or be 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. Kids Summerstage 2019 Agreement—Brian Vogan Page 2 of 4 { 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 Kristy Pachciarz, Special Events Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Brian Vogan 4103 35th Ave SW Seattle, WA 98126 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. 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. Kids Summerstage 2019 Agreement— Brian Vogan Page 3 of 4 ARTIST VA Git- BRIAN VOGAN ARTIST TAX ID#: 26-3269296 DATE: July 25, 2019 CITY OF AUBURN DARYL FABER PARKS, ARTS & RECREATION DIRECTOR DATE: 7/ ic1?1 1 c.4-POL KRISTY PACHCIARZ SPECIAL EVENTS COORDINATOR DATE: "7/Zs'/I Kids Summerstage 2019 Agreement—Brian Vogan Page 4 of 4 �bN/8 40 (17 AMENDMENT No. 1 to the CITY OF AUBURN AGREEMENT FOR ARTISTIC SERVICES with Joan Barman (Joanie Leeds) • For good and valuable consideration, the parties agree to amend the above agreement in the following manner: • Section 2, "SCOPE OF WORK" is amended to strike the performance for "Wednesday,August 14, 2019". • Section 5, "COMPENSATION" is amended to strike (Total of$1,600.00 for two performances). All other provisions of the Agreement and of any previous amendments remain in full force and effect. Executed this 25th day of July , 2019 CITY OF AUBURN JOANIE LEEDS Daryl Faber, Director Joan Barman Parks,Arts&Recreation Department 14aZILN-- Kristy Pachciarz, Special Events Coordinator Parks,Arts &Recreation Department 130/4/1% 2-01°1 /N q� AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this N I day of ivlar(;) i 2019 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Melody Music, 1237 S 312th Street, Federal Way, WA, 98003, 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: (1) Disc Jockey services for Auburn's 4th of July Festival's Car Show on Thursday, July 4, 2019 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). (2) Disc Jockey services for the AuburnFest Cruise-In on Sunday, August 11, 2019 from 10:00am — 3:00pm. ARTIST is expected to arrive to the festival grounds no later than 9:00am. ARTIST is responsible for providing an interactive DJ for the Car Show area, a 500-watt sound system and all necessary supplies. Agreement—Melody Music Summer 2019 Page 1 of 4 4 Canopy may be required from ARTIST (CITY will confirm two weeks prior to event). 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) per event. Two event total is $990.00. 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 two payments, directly following each event. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: N/A. Agreement—Melody Music Summer 2019 Page 2 of 4 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 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 1237 S 312th Street Federal Way, WA, 98003 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. Agreement—Melody Music Summer 2019 Page 3 of 4 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. ARTIST _.9,4 C(441 MELODY MUSIC ARTISTTAXID#: 532 G0 (4-ogQ DATE: '-/A 14 49 • CITY OF AUBURN 1 "*"\-\---k—r- DAR ABER KRISTY P HCIARZ Parks, Arts & Recreation Director Special Events Coordinator DATE: 7//I// ' DATE: Y( V10 Agreement—Melody Music Summer 2019 Page 4 of 4 i • AGREEMENT FOR ARTISTIC SERVICE 4°0IWC/ THIS AGREEMENT is made and entered into this 94141 day of S.ep7-1--. 2019 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Dayla Walker, 6529 Elizabeth Loop SE, Auburn, WA 98092, 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: An a-capella performance of The Star Spangled Banner, prior to the Veterans Parade at 11:00am on Saturday, Nov. 9, 2019. Artist also agrees to be available for a second, similar performance at the Luncheon at 1:30pm. ARTIST is to arrive on-site no later than 10:40am. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Parade performance at City Hall Plaza, 25 West Main Agreement-Dayla Walker Veterans Parade&Observance 2019 Page 1 of 4 • • Street, Auburn, WA 98001. Luncheon performance at Merrill Gardens, 18 15t Street SE, Auburn, WA 98002. Both performances are 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. 4. TECHNICAL REQUIREMENTS The CITY shall provide the following technical assistance for this performance: microphone and amplification. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of One Hundred Dollars and No/100s ($100.00) at the conclusion of the performances on November 9, 2019. 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 handed to the ARTIST in the form of a check, in one payment, after the performance. 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. Agreement-Day la Walker Veterans Parade&Observance 2019 Page 2 of 4 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; Dayla Walker, 6529 Elizabeth Loop SE, Auburn, WA 98092. 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-Dayla Walker Veterans Parade&Observance 2019 Page 3 of 4 RTIST l! i 40 Deo, WALKER ARTIST TAX ID#: DATE: 0A1 CITY OF AUBURN ARYL FABER Parks, Arts & Recreation Director DATE: 5410i Q K'ISTY PACHCIARZ Special Events (oordinator DATE: 61/94 Agreement-Dayla Walker Veterans Parade&Observance 2019 Page 4 of 4 AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 19th day of September, 2019, by and between the City of Auburn,Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Traci Woodcock whose address is 13102 151st Street, Puyallup,WA 98374; 253-315-0690, herein referred to as "INSTRUCTOR". WHEREAS, the CITY desires to contract with the INSTRUCTOR to provide class 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 artistic performance: Workshop Instructor- Renewable Beauty on Tuesday, September 10th, 2019. 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—Traci Woodcock Page 1 of 4 Jl La-A 4. REQUIREMENTS The CITY shall provide the following for this workshop session: class room, audio equipment,visual equipment. 5. COMPENSATION In consideration of the services to the CITY in connection with the information sessions, the INSTRUCTOR shall receive total compensation of$60 and 00/100 ($60.00). 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 mailed to the INSTRUCTOR 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—Traci Woodcock Page 2 of 4 igt 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 Traci Woodcock 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-Traci Woodcock Page 3 of 4 ArillikitkolAi 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. OLv ( 00.._e Traci Woodcock 13102 151st Street E. Puyallup, WA 98374 INSTRUCTOR TAX ID#: On File DATE: DIRECTOR SIGNATURE: DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: '4--P • a� A v?il Agreement—Traci Woodcock Page 4 of 4