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ORIGIN1L
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 Alex Zerbe dba Brothers from Different Mothers, 2997 Crosby BoulElvard
Southwest #412, Olympia, Washington 98512 (Telephone: 206-937-7504) 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 selrvices
described herein. The parties agree that the ARTIST is an independEmt 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: ARTIST will provide roving entertainment for one ('I) hour 45
minutes from 11 :00 a.m. to 12:45 p.m. on Monday, July 4, 2005. ,~dditionally,
ARTIST will perform one (1) 45-minute show on the Kid's Stage from 1 :00 p,m.
to 1 :45 p.m. ARTIST must be on site by 10:30 a.m. for load in and set up.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Les Gave Park, 11'h and Auburn Way
South, Auburn, Washington.
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A~reement - Brothers from Different Mothers
41 of July Celebration
April 21, 2005
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4. TECHNICAL REQUIREMENTS
The CITY shall provide the following technical assistance for this pert'ormance:
Sound equipment available from CITY, consisting of one (1) 24-c:hannel mixer;
two (2) powered floor monitors; two (2) 15" powered speakers; eight (8)
microphones; nine (9) stands; two (2) direct input boxes; one (1) NanoVerb
effects unit; guitar cables, microphone cables and speaker cabin; 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 One Thousand,
Three Hundred and No/100 Dollars ($1,300.00).
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 perforrnance under
this contract. Payment shall be provided to the ARTIST upon completion of the
performance on Monday, July 4, 2005. Contracts must be signed and returned
by close of business on Monday, May 23, 2005 for payment on JIJly 4,2005.
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY Promotional
packet including at least 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 compensation for the time
during which the services have not been rendered.
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Aweement - Brothers from Different Mothers
41 of July Celebration
April 21, 2005
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10. PERFORMANCE RAINOUT
In the event of inclement weather, the CITY will contact the ARTIST IlY 9:00 a.m. on
Monday, July 4, 2005 to inform the ARTIST if the performance wiill be moved
indoors to the Auburn Senior Center. ARTIST must provide a tellephone
number where he/she can be reached at 9:00 a.m. on July 4, 2005. This
contact number must be included on the returned signed contract.
Should the performance be cancelled due to inclement weather, the performer
will be compensated 10% of the fee. If the CITY makes every att,empt to
contact the ARTIST, and the ARTIST arrives on the site unaware of the
cancelled performance, the ARTIST shall not receive any salary.
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 SE:nt by
registered or certified mail addressed to the respective parties as follows:
CITY Laurie Rose, Cultural Arts Program Coordinator
City of Auburn
910 Ninth Street SE
Auburn, WA 98002
ARTIST Alex Zerbe
dba Brothers from Different Mothers
2997 Crosby Blvd. SW #412
Olympia, WA 98512
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 fe,as and
expenses that may be incurred by the CITY in enforcing the provisions of
this Agreement.
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A~reement - Brothers from Different Mothers
4 of July Celebration
April 21, 2005
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I
E. In the performance of the work herein. the ARTIST agrees to comply with all
applicable State and local laws, rules and regulations.
ZE
BROTHERS FROM DIFFERENT MOTHERS,
ARTIST TAX ID#:
DATE: 5/I6/DS-
.
Contact Phone: 'J..Qs - ~/ t '3 - '145'"3
UBUG:: ~
J ""--~
. LEWIS, MAYOR
DATE: MAY - 6 2005
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41 of July Celebration
April 21, 2005
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