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HomeMy WebLinkAboutLayla Angulo A~ 11:>'5 ORIGIN~L AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 30 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 Layla Angulo, P. O. Box 46257, Seattle, WA 98146 (Telephone: 206-293-1106), herein referred to as "ARTIST." WHEREAS, the cm 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 90-minute performance for the "Shades of Summer Sundown at Game Farm Park" series on Friday, July 29, 2005, from 7:00 to 8:30 p.m. ARTIST must be on site by 6:00 p.m. for :;et-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. ________________________________.w_________ Agreement - LA YLA ANGULO May 4, 2005 Page 1 of4 SOS ---------."...--...--------- -~._---~-- ~---_.- - -----,--..-- - 4. TECHNICAL REOUIREMENTS The cm shall provide the following technical assistance for this pE~rformance: Sound equipment consisting of one (1) 24-channel mixer; two (2) powered floor monitors; two (2) IS-inch powered speaken;; eight (8) microphones; nine (9) stands; two (2) direct input boxes; cine (1) NanoVerb effects unit; guitar cables, mic cables and Speakl!r cables; one (1) CD player; and a technician to operate the sound equipment. 5. COMPENSATION In consideration of the services to the cm in connection with the artistic performance, the ARTIST shall receive total compensation of One ,rhousand Two Hundred and NO/l00 Dollars ($1200.00). 6. PAYMENT The ARTIST shall be paid by the cm for the completed work and performance in compliance with the terms of this Agreement. Such payment shClII 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 cm 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 29, 2005, by check made payable to Ken Elhard. Contracts must be signed and! returned by June 7, 2005, for payment on July 27, 2005. 7. PROMOTIONAL RESPONSIBILmES ARTIST shall provide the following promotional materials to the CITY: Promotional 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 cm, its agents, representatives or employees. 9. INABILIlY 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 - LA YLA ANGULO May 4, 2005 Page 2 of 4 sos -.-.-----.----- --------- --.-.....-. -- 10. PERFORMANCE RAINOUT In the event of rain, the cm will contact the ARTIST by 4:00 p.m. on Friday, July 29, 2005 to determine if the performance will be rescheduled. If rescheduling is not possible within one month, ARTIST is to be paid on the day of the performance. ARTIST must provide a telephone number where he/she can be reached at 4:00 p. m. on the day of the performance This contact number must be included on the, returned signed contract. 11. TERMINATION In the event the ARTIST or the cm 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 City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Layla Angulo P. O. Box 46257 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. 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 pnJvision hereof waived except in writing agreed to by both parties. C. This Agreement shall be construed in accordance with and alii questions with respect hereto shall be determined by the laws of the State of Washington. ------------------------------------------- Agreement - LAYLA ANGULO May 4, 2005 Page 3 of 4 sos ---.. ,....------.- -------- -..-.- - ---_...~_._- - D. The ARTIST agrees to pay all reasonable costs, attorney's fees and expenses that may be incurred by the cm 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 ~~ ;:?'/ LA~NGULO .. ARTIST TAX #: DATE: 1'SO( 0') Contact Phonel:2e6);.<Q:>-/( Of:, CITY OF AUBURN <--<' PETE B. IS, MAYOR DATE: MAY III 2005 ---------------------------------.--------- Agreement - LA YLA ANGULO May 4, 2005 Page 4 of 4 SOS _....~.- ____m_