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HomeMy WebLinkAboutFoghorn Stringband/Siren Music A~ !<.,.<;. ORIG!N ~L AGREEMENT FOR ARTISTIC SERVICE ;) ~o\ 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. -----~-------------~--._------------------- Agreement - FOGHORN STRINGBAND/SIREN MUSIC CO. May 4. 2005 Page 1 of4 SOS - -_.._----~.--..._._.._--...~_. - 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 ---------------------------------------.--- Agreement - FOGHORN STRINGBAND/SIREN MUSIC CO. May 4. 2005 Page 2 of 4 SOS - -,--~ --...--- - 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. ----------.-------------------------------- Agreement - FOGHORN STRINGBAND/SIREN MUSIC CO. May 4. 2005 Page 3 of 4 SOS .- .....--.-.---...-....----...--..- --_.~ - 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 -> ~~ PET R B. [ IS, MAYOR DATE: MAY 13 Z005 -------------------.----------------------- Agreement - FOGHORN STRINGBAND/SIREN MUSIC CO. May 4, 2005 Page 4 of 4 SOS - - ~- - ---- -- -,-"._------- ----- - -