HomeMy WebLinkAboutBob Bailey III
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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this ~ 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 Bob Bailey III, c/o LeapFrog Entertainment, P. O. Box 1804,
Snoqualmie, Washington 98065 (Telephone: 425-831-2109), 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, 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 4S-minute performance, with one lS-minute
informal post-show performance, for the "Shades of Summer in the
Park Kids' Summer Sounds" series on Wednesday, July 20, 2005 from
12:00 noon to 1:00 p.m. Artist must be on site at 11:00 a.m. for set up
and/or sound check and ready to perform by 11:45 a.m.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Les Gove Park, 11th and Auburn
Way South, Auburn, Washington.
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Agreement - Bob Bailey III
SOS Kids
May 13, 2005
Page 1 of4
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4. TECHNICAL REOUIREMENTS
The CITY shall provide the following technical assistance for the performance:
Sound equipment consisting of one (1) 24-channel mixer; two (2)
powered floor monitors; two (2) 15" powered speakers; eight (8)
microphones; nine (9) stands; two (2) direct input boxes; one (1) Nano
Verb effects unit; guitar cables, mic cables and speaker cables; 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 Six Hundred
Twenty-Five and NO/l00 Dollars ($625.00).
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 provided to the ARTIST
upon completion of the performance on Wednesday, July 20, 2005.
Contracts must be signed and return by close of business on Tuesday,
June 7, 2005 for payment on July 20, 2005.
7. PROMOTIONAL RESPONSIBILmES
ARTIST shall provide the following promotional materials to the CITY:
Promotional packet including two black-and-white or color
photographs.
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 salary for the time during
which the services have not been rendered.
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Agreement - Bob Bailey III
SOS Kids
May 13, 2005
Page 2 of 4
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10. PERFORMANCE RAINOUT
In the event of inclement weather, the CITY will contact the ARTIST by
9:00 a.m. on Wednesday, July 20, 2005 to determine if the
performance will be moved indoors to the Auburn Senior Center.
ARTIST must provide a telephone number where he/she can be
reached at 9:00 a.m. on the morning of the performance. The contact
number must be included on the 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 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 Laurie Rose
City of Auburn
910 Ninth Street SE
Auburn, WA 98002
ARTIST Bob Bailey III
c/o LeapFrog Entertainment
P. O. Box 1804
Snoqualmie, WA 98065
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.
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Agreement - Bob Bailey III
505 Kids
May 13, 2005
Page 3 of 4
I
E. In the performance of the work herein, the ARTIST agrees to comply
with all applicable State and local laws, rules and regulations.
ARTIS~ /" c !/4e~7 --
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LeapFrog Entertainment.- 9:ZJ'S:s'<:=' s::?'"7' c;. x ;
ARTIST TAX #:
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Contact Phone: eJJ!..
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CITY OF AUBURN
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PETER B. LEWIS, MAYOR
DATE: -.fY\~ 2--'3, '200;:>
APPROVED AS TO FORM:
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Agreement - Bob Bailey III
50S Kids
May B. 2005
Page 4 of 4