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HomeMy WebLinkAboutVarious 2019 Agreements for Artistic Services 3,1 to e5 0pie 7p1ci AGREEMENT FOR ARTISTIC SERVICE k44 THIS AGREEMENT is made and entered into this 1 j day of Oa', , 2018, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Simply Magic, LLC, whose address is 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 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 Jeff Evan's Magic Show for Auburn's Kids Summerstage on Wednesday, July 17, 2019, 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. 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 and no/100 ($550.00) Kids SummerStage Agreement—2019 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—2019 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 Simply Magic, LLC c/o Jeff Evans 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. 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-2019 Page 3 of 4 ARTIST L SIMPLY MAGIC, LLC ARTIST TAX ID#: I.119 (SI S DATE: 10 till auk& CITY OF AUBURN A ,. _ _-i• DARYL FABER PARKS, ARTS & RECREATION DIRECTOR DATE: 6//b//1 200____c_jiett KRISTY PACHCIARZ SPECIAL EVENTS COORDINATOR DATE: WI 2/it. Kidsgreement SummerStage 2019 A — Page 4 of 4 71)1 /N AGREEMENT FOR ARTISTIC SERVICE �� THIS AGREEMENT is made and entered into this ,� day of V', 2018, 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 18, 2019, at 11:00 am. ARTIST agrees to be on site no later than 10:40 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 10, 2019, at 12:00 pm. ARTIST agrees to be on site no later than 11:40 am for set-up/sound check. 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 18, 2019 performance; herein referred to as "VENUE" Kids SummerStage Agreement—2019 Page 1 of 4 • 2. Les Gove Park, 910 Ninth St. SE Auburn, WA, 98002 for the July 10, 2019 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. 2. P/A system (no wireless mic) and covered 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 1. Six-hundred dollars and no/100 ($600.00) for the May 18, 2019 performance. 2. Six-hundred dollars and no/100 ($600.00) for the July 10, 2019 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. Kids SummerStage Agreement—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 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 18, 2019 event is rain or shine. In the event of rain for the Kids Summerstage event, 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: Kids SummerStage Agreement—2019 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. ARTIST n J DON RIGGS ARTIST TAX ID#: 5 �'- 37"' H 9 5'1 DATE: CITY OF AUBURN DARYL FABER PARKS, ARTS & RECREATION DIRECTOR DATE: llhk? KRISTY PACHCIARZ SPECIAL EVENTS COORDINATOR DATE: ()VI VI V Kids SummerStage Agreement—2019 Page 4 of 4 , Independent Pacific Rim PO Box 6254 Phone: (425) 489-7900 Contractor Talent Edmonds, WA 98026 Engagement 1)Agreement made on: September 13, 2018 Between: Artist Representative: Don Riggs And Purchaser: Kristy Pachciarz Representing: Reptile Isle Representing: Auburn Parks & Recreation 2) Date(s)of Engagement: Saturday - May 18, 2019 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 agents 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 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,attorneys 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 i and Iacceptance 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 purchaser. 1 ..S.. .0 ' .A, A Al • 4 Signature of Purchaser Signature of leer Kristy Pachciarz Don - •.s 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 . Independent Pacific Rim PO Box 6254 Phone: (425) 489-7900 Contractor Talent Edmonds, WA 98026 Engagement 1) Agreement made on: September 13, 2018 Between: Artist Representative: Don Riggs And Purchaser: Kristy Pachciarz Representing: Reptile Isle Representing: Auburn Parks & Recreation 2)Date(s)of Engagement: Wednesday -July 10, 2019 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 be liable for the default of a purchaser or the non-performance of the group. No changes in the contract affecting agents 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 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 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 1 1/2%per month,and if litigation is necessary for collection,attorneys 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 Iacceptance of all terms by the purchaser. I 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. 1 Signature of Purchaser Signature of L Kristy Pachciarz Don Rias 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 71iq Tv)ORIGI AGREEMENT FOR ARTISTIC SERVICE ��L THIS AGREEMENT is made and entered into this 'day of PLC-- , 2018 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Aaron Canwell, 500 N 8th, St. Helens, OR 97051, 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 60 minute performance of Micah and Me at Auburn's KidsDay to take place on Friday, June 21, 2019. Performance is to be held from 12:15 — 1:15pm and ARTIST is to arrive at the site no later than 11:45am 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 Agreement—KidsDay 2019 Page 1 of 4 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: sound system and sound technician. 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 nine hundred and Fifty Dollars and No/100s ($950.00). 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. 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—KidsDay 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; Aaron Canwell, 500 N 8th, OR 97051. 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—KidsDay 2019 Page 3 of 4 [ . , - ART T ALL... L �, `OWANWELL ARTISTTAXID#: i?a- DCOScf 3t) • DATE: 1c - a0- ( Z CITY OF AUBURN DARYL FABER Parks, Arts & Recreation Director DATE: /1/d/0 ao..m...„ . KRI TY PACHCIARZ Special Events Coordinator DATE: )Z/I?/I S. Agreement—Kids Day 2019 Page 4 of 4 ✓ll W t ✓ )6SP/ Nq� AGREEMENT FOR ARTISTIC SERVICE 411 THIS AGREEMENT is made and entered into this , day of LJC—t, , 2018, 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 and The Beays for Auburn's 4th of July Festival on Thursday, July 4, 2019, from 11:00 am to 12:15 pm and 1:00pm—2:00pm (set break from 12:15-1:OOpm). ARTIST will be on-site no later than 10:30 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— Ledbetter Entertainment 2019_4th of July Festival 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. 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 2019_4th of July Festival Page2of4 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 2019_4th of July Festival Page3of4 ARTIST / WAYNE LEDBETTER LEDBETTER ENTERTAINMENT ARTIST TAX ID#: 74-3210478 DATE: 1/29/19 CITY OF AUBURN -1111 DARYL FABER, •R PARKS, ARTS & RECREATION DATE: lk I I �. A.4 KRISTY PACHCIARZ, SPECIAL EVENTS COORDINATOR PARKS, ARTS & RECREATION DATE: ID It 0tb Agreement—Ledbetter Entertainment 201g_4'h of July Festival Page 4 of 4 • DORIG,„,wq AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this It day of DQC. , 2018, 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: One, (1) 60 minute performance of Brian Vogan & His Good Buddies at Auburn's KidsDay on Friday, June 21, 2019 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" provide the following for this performance: Covered performance area, able and water for entertainers. A sound system and tech will be available. )gan 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of six hundred and fifty dollars and no/100 ($650.00) 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 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. KidsDay 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 111 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 2019 Agreement—Brian Vogan Page 3 of 4 ARTIST BRIAN VOGAN ARTIST TAX ID#: 3D, v / G DATE: 2 / 2M CITY OF AUBURN DARYL FABER PARKS, ARTS & RECREATION DIRECTOR DATE: /°2/ KRISTY PACHCIARZ SPECIAL EVENTS COORDINATOR DATE: 1-1-7/t . KidsDay 2019 Agreement—Brian Vogan Page 4 of 4 34t 19.S DoRiGmhit AGREEMENT FOR ARTISTIC SERVICE IH ^ THIS AGREEMENT is made and entered into this rC� day of ,s . , 2018 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Nathan Botsford, 5559 SW Sequoia Drive, Tualatin, OR 97062, 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 CI I Y 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 at Petpalooza to take place on Saturday, May 18, 2019. The performance is to be held from 1:00pm — 5:00pm, with a set break held from 2:00- 3:00pm. 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 Nate Botsford 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. 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 Thousand, three hundred Dollars and No/100s ($2,300.00). 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 Nate Botsford Petpalooza019 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; Nathan Botsford, 5559 SW Sequoia Drive, Tualatin, OR 97062. 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 Nate Botsford Petpalooza3019 Page 3 of 4 ARTIST NATHAN B6TSFORD ARTIST TAX ID#: see w9 DATE: 9/28/18 CITY OF AUBURN ARYLF BER Parks, Arts & Recreation Director DATE: "t(a?9/("N RISTY PACHCIARZ Special 'Events Coordinator DATE: � r1 /1 Agreement Nate Botsford Petpalooza3019 Page 4of4 kj - OP ►9 AGREEMENT FOR ARTISTIC SERVICE AL THIS AGREEMENT is made and entered into this4 day of DC., 2018, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Nathan Botsford,whose address is 5559 SW Sequoia Drive, Tualatin, OR, 97062, 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. A 90 minute performance at Auburn's Summer Sounds & Cinema event on Friday, August 9, 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. B. A 90 minute performance at AuburnFest on Saturday, August 10, 2019, from 1:00pm —2:30pm (no set break). ARTIST will be on-site no later than 12:30pm for set-up and sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance(s) at Les Gove Park, 910 Ninth Street SE, Auburn, WA, 98002 herein referred to as "VENUE" Agreement—Nathan Botsford Summer Sounds&Cinema/AuburnFest_2019 Page 1 of 4 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 covered stage. CITY will provide hotel accommodations (2 rooms)for Friday, August 9, 2019. 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 dollars no/100 ($4,000.00). 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 August 10 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—Nathan Botsford Summer Sounds&Cinema/AuburnFest_2019 Page 2of4 10. PERFORMANCE RAINOUT Performances are 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 Nathan Botsford 5559 SW Sequoia Drive Tualatin, OR 97062 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— Nathan Botsford Summer Sounds&Cinema/AuburnFest_2019 Page 3 of 4 ARTIST NATHAN BOTSFORD ARTIST TAX ID#: DATE: CITY OF AUBURN DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: \,2, (Dcte,LA KRISTY PACHCIARZ, SPECIAL EVENTS COORDINATOR PARKS, ARTS & RECREATION DATE: qz-f-/t 5. Agreement—Nathan Botsford Summer Sounds&Cinema/AuburnFest_2019 Page 4 of 4 1 A 3,1�•� 700 IJORIG„,/AGREEMENT FOR ARTISTIC SERVICE �� THIS AGREEMENT is made and entered into this k1 day of e-L . , 2018 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Charlie William, 15705 115th AVE SW Vashon, WA 98070, 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) One 60 minute performance of Charlie Williams 'The Noiseguy' as part of Auburn's Kids Summerstage, to take place on Wednesday, August 7, 2019. Performance is to be held from 12:00pm — 1:00pm and ARTIST is to arrive at the site no later than 11:30am for set-up and sound 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. In the event of rain, we will either reschedule or may have the opportunity to move the performance indoors. Will confirm by 10:00am on event day. Agreement—Charlie Williams 2019 Kids Summerstage Page 1 of 4 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: None. ARTIST to provide sound system and tech needs. 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 Three hundred and fifty Dollars No/100s ($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 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. 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 Agreement—Charlie Williams 2019 Kids Summerstage Paged of 4 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; Charlie Williams, 15705 115th AVE SW Vashon, WA 98070. 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—Charlie Williams 2019 Kids Summerstage Page 3 of 4 ARTIST CHARLIE WILLIAMS ARTIST TAX ID#: abs 15. 73 �a DATE: ) 3J CITY OF AUBURN DAR YL FABER Parks, Arts & Recreation Director DATE: � ti// KR STY ACNCIARZ Special Events Coordinator DATE: (2/x0/1 Agreement—Charlie Williams 2019 Kids Summerstage Page 4 of 4 A 3,l 7011 DO/4704AGREEMENT FOR ARTISTIC SERVICE �, AL THIS AGREEMENT is made and entered into this I day oft , 2018, 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, July 31, 2019, 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—2019 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-2019 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—2019 Page 3 of 4 ARTIST / JI¼ W1e64— RUTH WEBER �)� 70.),7ARTIST TAX ID#: DATE: dZ 3> �Q'r CITY OF AUBURN \\ DARYL FABER PARKS, ARTS & RECREATION DIRECTOR DATE: 471011 A2---IYCLUL KRISTY PACHCIARZ SPECIAL EVENTS COORDINATOR DATE: Kids greementmSumerStage 2019 A — Page 4 of 4 r 01 Z:2oRIGI AGREEMENT FOR ARTISTIC SERVICE NqC irTHIS AGREEMENT is made and entered into this day of SC , , 2018, 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 10863 12th Ave SW, Seattle, WA 98146, 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 Thursday, July 4, 2019. 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 2019 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 2019 and the remaining $2,500.00 on July 4, 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 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 Luria 2019_4th of July Festival Page—2 of 4 nla. 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 110863 12th Ave SW Seattle, WA 98146 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 2019_4th of July Festival Page3of4 ARTIST 0 ‘0-2.41/4/1/4_ ^ JASON BARKfe `...--v VUELTA LAX'UNA r ARTIST TAX ID#: S ✓7-� (�" q DATE: o2_3//g CITY OF AUBURN DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: '7(1- 7/1 7 P611-)A c •-; KRISTY PACHCIARZ, SPECIAL EVENTS COORDINATOR PARKS, ARTS & RECREATION DATE: 9/1-7/ 1(6 ) g019reementof—JulVyueltaFestival La Luna 2 _4th Page 4 of 4 3.1 L96 9-01 Dok AGREEMENT FOR ARTISTIC SERVICE GIA/~� THIS AGREEMENT is made and entered into this 2I day of /C , , 2018 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, 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 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 21, 2019. 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—Eric Ode_Deep Rooted Music 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—Eric Ode_Deep Rooted Music KidsDay 2019 Page 2 of 4 i 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; Eric Ode dba Deep Rooted Music, 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. 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—Eric Ode_Deep Rooted Music KidsDay 2019 Page 3 of 4 ARTIST ERIC ODE ARTIST TAX ID#: 7 1 - /c Q 8-113 r DATE: 5 2 c2 CITY OF AUBURN ( � DARYL FABER Parks, Arts & Recreation Director DATE: j.4Ja ISTY PACHCIARZ Special Events Coordinator DATE: Agreement—Eric Ode_Deep Rooted Music KidsDay 2019 Page 4 of 4 11'2o O CJ A�G1Nq AGREEMENT FOR ARTISTIC SERVICE AGREEMENT is made and entered into this I/� THIS da of y , 2018 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 18, 2019. 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-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. 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/100s ($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 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; 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 2019 Page 3 of 4 ARTIST ' n(C'Afv` TOM GAINES NorthWest Animal Adventures ARTIST TAX ID#: 1-6--2 I iff 7SIU DATE: 1 l 3` j zo)�I CITY OF AUBURN DARYL BER Parks, Arts & Recreation Director DATE: "1-/121Ate KR STY PACHCIARZ Special Events Coordinator DATE: 12,/2.-o/ Agreement_Northwest Animal Adventures Petpalooza 2019 Page 4 of 4 A 3,ue TiOR `l IG�NAL AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this _ day of ge/0-4 , 2018 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Dayla Walker, 18409 9th Street E, Lake Tapps, WA 98391, 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. 10, 2018. 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 2017 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) per 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 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. 9. INABILITY TO PERFORM Agreement-Dayla Walker Veterans Parade&Observance 2017 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, 18409 9th Street E, Lake Tapps, WA 98391. 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 2017 Page 3 of 4 ARTIST • \I I .4. h. . �►YLA WALKER ARTIST TAX ID#: 4'1914 DATE: 10.,\ CITY OF AUBURN DARYL FABER Parks, Arts & Recreation Director DATE: C7( Q7//7 K ISTY PACHCIARZ Special Events Coordinator DATE: 1.2-Lt QJ Agreement-Dayla Walker Veterans Parade&Observance 2017 Page 4 of 4 ,1tiO+S jAa AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 19th day of September, 2018, by and between the City of Auburn,Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Pacific Ballroom Dance,whose address is 1604 15th Street SW, #109, Auburn,WA 98001; phone 253.939.6524, herein referred to as "ARTIST". WHEREAS, the CITY desires to contract with the ARTIST to provide an artistic performance for the public in Auburn, Washington; and WHEREAS, the ARTIST has agreed to perform the work in compliance with the terms and conditions of this Agreement; NOW THEREFORE, the CITY and ARTIST in consideration of the conditions and covenants herein do agree as follows: 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 seventy five minute swing dancing set of Pacific Ballroom Dance for the S'more Than You Imagine event on Saturday, October 6th, 2018,from 5:45 to 7:00pm. ARTIST will be on site by 5:15pm for set-up. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Game Farm Wilderness Park, 2401 Stuck River Dr., Auburn,WA, herein referred to as "VENUE" Agreement—Pacific Ballroom Dance Page 1 of 4 4. REQUIREMENTS The CITY shall provide the following for this performance: Portable public address system. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of three hundred dollars and no/100 ($300.00). 6. PAYMENT The ARTIST shall be paid by the CITY for the completed work and performance in compliance with the terms of this Agreement. Such payment shall be full compensation for all work performed and services rendered under the terms of this Agreement. The payment to the ARTIST shall be in compliance with the regulations of the CITY Finance Department. The ARTIST agrees to be responsible for payment of any and all taxes, which may be due as a result of performance under this contract. Payment shall be delivered to the ARTIST immediately following the performance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Artist bio, photos (high resolution electronic images) and any artwork specifically pertaining to ARTIST upon signature of this contract. 8. INDEMNIFICATION The ARTIST agrees to indemnify, defend and hold the CITY, its agents, representatives and employees harmless from and against any and all claims, causes of action or demands or any form of liability of any nature including, but not limited to any copyright infringements for musical performances, arising out of the performance and obligations contained in this Agreement on the part of the ARTIST, its agents, representatives and employees except where such claims arise solely from the negligent acts of the CITY, its agents, representatives or employees. 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— Pacific Ballroom Dance Page 2 of 4 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST by 2:00pm on the day of the performance to determine if the performance will be moved indoors or rescheduled. ARTIST must provide a telephone number where ARTIST can be reached at the time/date stated above. If rescheduling is not possible within one year of the event, ARTIST is to be paid on the day of the performance. 11. TERMINATION In the event the ARTIST or the CITY defaults or fails to comply with any of the requirements of this Agreement, or any obligations hereunder, the CITY may at its option terminate the Agreement. Such remedies shall be in addition to any other right or remedy each may have. 12. NOTICES Any notice required or permitted under this Agreement may be personally served, or given in writing, and shall be deemed sufficiently given or served if sent by registered or certified mail addressed to the respective parties as follows: CITY Kjerstin Lange, Specialist- Teen Programs City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Pacific Ballroom Dance 1604 15th St. SW, #109 Auburn, WA 98001 Either party may at any time designate a different address to which notices shall be sent. Notice given in accordance with these provisions shall be deemed received when mailed. 13. GENERAL PROVISIONS The following provisions may apply: A. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any preceding or any subsequent breach or default. B. This Agreement may not be changed or modified nor any provision hereof waived except in writing agreed to by both parties. C. This Agreement shall be construed in accordance with and all questions with respect hereto shall be determined by the laws of the State of Washington. Agreement— Pacific Ballroom Dance Page 3 of 4 D. The ARTIST agrees to pay all reasonable costs, attorney's fees and expenses that may be incurred by the CITY in enforcing the provisions of this Agreement. E. In the performance of the work herein, the ARTIST agrees to comply with all applicable State and local laws, rules and regulations. ARTIST SIGNATURE: (17i�� Pacific Ballroom Dance ARTIST TAX ID#: 33-1076075 DATE: ID/ 5 ID -- DIRECTOR DIRECTOR SIGNATURE• �/ 49- - DARYL FABER, DIREC PARKS, ARTS & RECREATION DATE: /(3h/ Agreement—Pacific Ballroom Dance Page 4 of 4 34110 S • 7o % AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 19th day of September, 2018, by and between the City of Auburn,Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Karen Haas,whose address is 3349 Cushman Ave. Tacoma,WA 98418; phone 253-472-1311, 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 sixty minute storytelling set of Karen Haas for the S'more Than You Imagine event on Saturday, October 6th, 2018,from 7:00 to 8:00pm. ARTIST will be on site by 6:30pm for set-up. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Game Farm Wilderness Park, 2401 Stuck River Dr., Auburn, WA, herein referred to as "VENUE" Agreement— Karen Haas Page 1 of 4 4. REQUIREMENTS The CITY shall provide the following for this performance: Portable public address system. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of three hundred 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 immediately following the performance.. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Artist bio, photos (high resolution electronic images) and any artwork specifically pertaining to ARTIST upon signature of this contract. 8. INDEMNIFICATION The ARTIST agrees to indemnify, defend and hold the CITY, its agents, representatives and employees harmless from and against any and all claims, causes of action or demands or any form of liability of any nature including, but not limited to any copyright infringements for musical performances, arising out of the performance and obligations contained in this Agreement on the part of the ARTIST, its agents, representatives and employees except where such claims arise solely from the negligent acts of the CITY, its agents, representatives or employees. 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—Karen Haas Page 2 of 4 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST by 2:00pm on the day of the performance to determine if the performance will be moved indoors or rescheduled. ARTIST must provide a telephone number where ARTIST can be reached at the time/date stated above. If rescheduling is not possible within one year of the event, ARTIST is to be paid on the day of the performance. 11. TERMINATION In the event the ARTIST or the CITY defaults or fails to comply with any of the requirements of this Agreement, or any obligations hereunder, the CITY may at its option terminate the Agreement. Such remedies shall be in addition to any other right or remedy each may have. 12. NOTICES Any notice required or permitted under this Agreement may be personally served, or given in writing, and shall be deemed sufficiently given or served if sent by registered or certified mail addressed to the respective parties as follows: CITY Kjerstin Lange, Recreation Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Karen Haas 3349 Cushman Ave. Tacoma, WA 98418 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— Karen Haas Page 3 of 4 D. The ARTIST agrees to pay all reasonable costs, attorney's fees and expenses that may be incurred by the CITY in enforcing the provisions of this Agreement. E. In the performance of the work herein, the ARTIST agrees to comply with all applicable State and local laws, rules and regulations. ARTIST SIGNATURE: KAREN HAAS ARTIST TAX ID#: on file DATE: 4/O p 3 /� DIRECTOR SIGNATU- �� rfre�o DARYL FABER, DIRER PARKS, ARTS & RECREATION DATE: 7/Vir We_,07-o,Ld ((S7:3(2 �� L cc) Agreement— Karen Haas Page 4 of 4 AGREEMENT FOR ARTISTIC SERVICES This Agreement is made and entered into this 25 day of April, 2018, by and between the City of Auburn, Washington, a municipal corporation of the State of Washington ("City") and M. Lassaline ("Artist"), whose phone number and address is, 775-220-5742 and 5748 25th AveNE Seat tle.WA. 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 2018 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 2018 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, 2018 B. Phase II - June—July 2018 C. Phase III— Date to be determined with Artist and the City. Resolution Exhibit A Agreement for Mary Olson Farm Artist in Residence Page 1 of 5 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.00v/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 Resolution Exhibit A Agreement for Iconic Public Artwork Page 2 of 5 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, 2018. 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, 2018; Artist participating in residency and associate programming from June 1 —July 31, 2018; 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. Resolution Exhibit A Agreement for Iconic Public Artwork Page 3 of 5 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 City of Auburn Michelle Lassaline Parks, Arts & Recreation Artist 910 Ninth Street SE 5748 25th Ave NE Auburn, WA 98002 Seattle WA(WA) USA Telephone: 253-804-5043 98105 Telephone: 775-220-5742 Resolution Exhibit A Agreement for Iconic Public Artwork Page 4 of 5 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: or— Date: 4/25/18 Print Name: Michelle Lassaline Address, phone, email: 5748 25th AVP NF, Seattle. WA 98109 (775) 220-5742 , mjlassaline@gmail . com CITY B \s Date: 41/.10 0 Print Name: OC• 1 L Daryl Faber, Director of Parks, Arts and Recreation, City of Auburn Resolution Exhibit A Agreement for Mary Olson Farm Artist in Residence Page 5 of 5