HomeMy WebLinkAboutThe New Blues Brothers
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AGREEMENT FOR ARTISTIC SERVICE
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THIS AGREEMENT is made and entered into this X 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 Ken Elhard, dba The New Blues
Brothers, c/o Craig Cooke, Agent, Pacific Rim Talent, P. O. Box 250, Bothell,
Washington 98041 (Telephone: 425-489-7900), 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 thEl ARTIST
agrees to conduct and complete the performance in a competl3nt 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 "Shades of
Summer Sundown at Game Farm Park" series on Friday, Jluly 22,
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 pl.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.
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Agreement - THE NEW BLUES BROTHERS
SHADES OF SUMMER
May 4, 2005
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4. TECHNICAL REQUIREMENTS
The CITY shall provide the following technical assistance for this performance:
Sound equipment consisting of one (1) 24-channel mixer; two (2)
powered floor monitors; two (2) 15-inch powered speakers; eight (8)
microphones; nine (9) stands; two (2) direct input boxes; one (1)
NanoVerb effects unit; guitar cables, mic cables and speaker cables;
one (1) CD player; and a technician to operate the sound E!quipment.
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 Five Hundred and No/100 Dollars ($1500.00).
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 andl services
rendered under the terms of this Agreement. The payment to the ARTIST
shall be in compliance with the regulations of the CITY Financ,e
Department. The ARTIST agrees to be responsible for paymeint 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 22, 2005, by check made p;ayable to
Ken Elhard. Contracts must be signed and returned by JUlne 7, 2005,
for payment on July 22, 2005.
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to thl3 CITY:
Promotional packet including two black-and-white or color photos.
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 neglligent 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
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Agreement- THE NEW BLUES BROTHERS
SHADES OF SUMMER
May 4, 2005
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God or impossibility of performance, the ARTIST shall not receive any
salary for the time during which the services have not been rendered.
10. PERFORMANCE RAINOUT
In the event of rain, the CITY will contact the ARTIST by 4:00 p,m. on
Friday, July 22, 2005 to determine if the performance willltJe
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 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 bEl personally
served or given in writing and shall be deemed sufficiently giVEin 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 The New Blues Brothers
Craig Cooke, Agent
Pacific Rim Talent
P. 0, Box 250
Bothell, WA 98041
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.
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Agreement - THE NEW BLUES BROTHERS
SHADES OF SUMMER
May 4, 2005
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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, attornl3Y'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 agn3es to
comply with all applicable State and local laws, nules and
regulations.
ARTISa_ ~
KEN ELHARD
ARTIST TAX #:
DATE: 6/:;!05r
Contact Phone: ?->3 - 7..lC.'1.-8y2.'1
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. LEWIS, MAYOR
DATE: MAY 1 3 2005
Da i B. Heid
City Attorney
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Agreement - THE NEW BLUES BROTHERS
SHADES OF SUMMER
May 4, 2005
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