HomeMy WebLinkAboutFoghorn Stringband/Siren Music
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ORIG!N ~L
AGREEMENT FOR ARTISTIC SERVICE
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THIS AGREEMENT is made and entered into this 3 day of May, 2005 by
and between the City of Auburn, Washington, a Municipal Corporation of the State of
Washington herein referred to as "CITY" and Foghorn Stringband/Siren Music
Company, P. O. Box 12110, Portland, Oregon 97212 (Telephone: 503-238-'4771),
herein referred to as "ARTIST,"
WHEREAS, the em desires to contract with the ARTIST to provide an artistic
performance for the public in Auburn, Washington; and
WHEREAS, the cm has agreed to perform the work in compliance with the
terms and conditions of this Agreement;
NOW THEREFORE, the cm and ARTIST in consideration of the conditions and
covenants herein do agree as follows:
1. RETENTION OF ARTIST
The cm 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 gO-minute performance for the "Shadles of
Summer Sundown at Game Farm Park" series on Frida.", July 15,
2005, from 7:00 to 8:30 p,m, ARTIST must be on site by 6:00
p.m. for set-up and sound check and be ready to perform by 6:45
p.m.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Game Farm Park:, Leonard
C. Chapman Amphitheater, 3030 R Street Southeast, Auburn,
Washington.
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Agreement - FOGHORN STRINGBAND/SIREN MUSIC CO.
May 4. 2005
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4. TECHNICAL REOUIREMENTS
The cm shall provide the following technical assistance for this performance:
Sound equipment consisting of one (1) 24-channel mixer; two (2)
powered floor monitors; two (~ 1S-Inch powered speiilkers; eight
~8i microphones; nine (g) stan s; two (2) direct input boxes; one
1 NanoVerb effects unit; guitar cables, mic cables and speaker
ca les; one (1) CD player; and a technician to operate the sound
equipment, .
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic
performance, the ARTIST shall receive total compensation of lOne
Thousand Two Hundred and No/100 Dollars ($1200,O()),
6. PAYMENT
The ARTIST shall be Fiaid by the cm for the completed work and
performance in comp iance with the terms of this ~reement. Such
payment shall be full compensation for all work pe ormed 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 provided to the ARTIST upon
completion of performance on Friday, July 15, 2005, bV check.
Contracts must be signed and returned by June 7, 200!!i, for
payment on July 15, 2005.
7. PROMOTIONAL RESPONSIBILmES
ARTIST shall rrovide the following promotional materials to the CITY:
Promotiona paCket including two black-and-white or color
photos.
8. INDEMNIFICATION
The ARTIST agrees to indemnify, defend and hold the cm, 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. INABILm TO PERFORM
If ARTIST is incapacitated from rendering services through sickness or
otherwise or if ARTIST cannot perform because of fire, accident, act of
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Agreement - FOGHORN STRINGBAND/SIREN MUSIC CO.
May 4. 2005
Page 2 of 4
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God or impossibility of performance, the ARTIST shall not receive and.
salary for the time during which the services have not been rendere .
10. PERFORMANCE RAINOUT
In the event of rain, the cm will contact the ARTIST by 4:01) I?.m. on
Friday, July 15, 2005 to determine if the cerformance 'will be
rescheduled. If reschedulin9 is not possi Ie within on.! month,
ARTIST is to be paid on the a~ of the performance. ARTIST
must provide a telephone num er where he/she can be reached
at 4:00 p. m, on the day of the performance This contilct number
must be included on the returned signed contract.
U. 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
em 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 Laurie Rose
Ci~ of Auburn
91 Ninth Street SE
Auburn, WA 9S002
ARTIST Foghorn String band/
Siren Music Company
P. 0, Box 12110
Portland, OR 97212
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
defa u It.
B. This Ar,reement may not be changed or modified nor any provision
hereo waived except in writing agreed to by both parties.
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Agreement - FOGHORN STRINGBAND/SIREN MUSIC CO.
May 4. 2005
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C. This Agreement shall be construed in accordance with and all
~uestions with respect hereto shall be determined by tlhe laws of
teState of Washington.
D. The ARTIST agrees to pay all reasonable costs, attorne:y's fees and
expenses that may be incurred by the CITY in enforcin<g 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
C~ Vl---
ON
RINGBAND
ARTIST TAX #:
DATE: J{~ :)3 )~5
Contact Phone: .503-1.- '3 (-l./71!
Cei/- 503- ~7 -Lf6/-3
CI
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PET R B. [ IS, MAYOR
DATE: MAY 13 Z005
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Agreement - FOGHORN STRINGBAND/SIREN MUSIC CO.
May 4, 2005
Page 4 of 4
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