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HomeMy WebLinkAboutBobby Medina & the Red Hot Band A"3.\ ~ s ORIGIN 1L AGREEMENT FOR ARTISTIC SERVICE 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 Bobby Medina and the Red Hot Band I Medina & Associates, 125 "K" Street Northeast, Auburn, Washington 98002 (Telephone: 253-931-8388) 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: Bobby Medina and the Red Hot band will perform two sets on Monday, July 4, 2005; one set from 1 :00 p.m. to 2:30 p.m., with a break from 2:30 p.m. to 3:00 p.m.; and a second set from 3:00 p.m. to 4:00 p.m. ARTIST is required to be on site at 11 :00 a.m. to set up and ready for a sound check at 11 :30 a.m. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at the Main Stage, Les Gove Park, 11 Ih and Auburn Way South, Auburn, Washington. ------------------------------------------ Agreement for Services Bobby Medina dba Medina & Associates April 22. 2005 Page 1 of4 I 4. TECHNICAL REQUIREMENTS Sound equipment available from CITY, 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) NanoVerb effects unit; guitar cables, microphone 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 Two Thousand and No/100s Dollars ($2,000.00). 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 Monday, July 4, 2005. Contracts must be signed and returned by the close of business on Monday, May 23, 2005. IfM 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the fOllowing promotional materials to the CITY: ARTIST 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 inciuding, 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 soleiy 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. -----------.------------------------------ Agreement for Services Bobby Medina dba Medina & Associates April 22, 2005 Page 2 of 4 I 10. PERFORMANCE RAINOUT In the event of inclement weather, the CITY will contact the ARTIST by 9:00 a.m. on Monday, July 4, 2005 to inform the ARTIST 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 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 attempt 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 sent by registered or certified mail addressed to the respective parties as follows: CITY Laurie Rose, Cultural Arts Coordinator City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Bobby Medina Medina Entertainment Resources 125 UK" Street NE Auburn, WA 98002 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 maiied. 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 fees and expenses that may be incurred by the CITY in enforcing the provisions of this Agreement. E. In the performance of the work herein, the ARTIST agrees to comply with all applicabie State and local laws, rules and regulations. ------------------------------------------ Agreement for Services Bobby Medina dba Medina & Associates April 22, 2005 Page 3 of4 I' ARTIST ARTIST TAX ID#: DATE: Mif( !'I(oS Contact Telephone: (jsJ)9!>1- esSB CITY OF AUBURN ~~5 PE ER B. "WIS. MAYOR MAY - 6 2005 DATE: ------------------------------------------ Agreement for Services Bobby Medina dba Medina & Associates April 22, 2005 Page 4 of 4 ,