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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this -20-day of -v~2009,
by and between the City of Auburn, Washington, a Municipal Corporation of the State of
Washington herein referred to as "CITY" and FOX PRODUCTIONS / THE COMEDY
UNDERGROUND SEATTLE whose address is, 28 Circle Dr, Ste. A, TIBURON, CA 94920,
herein referred to as "ARTtST."
WHEREAS, the CITY desires to contract with the ARTIST to pravide an artistic
performance for the public in Auburn, Washington; and
WHEREAS, the ARTfST 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:
RETENTION OF ARTIST
e The CITY does hereby retain the ARTIST to perf orm the wark and services described herein.
The parties agree that the ARTIST is an independent contractor and shail furnish all
supervision, labor, and all other incidentals except as specifically provided herein and the
ARTIST agrees to conduct and complete the pertormance in a competent and professional
manner in accordance with the terms of this Agreement.
2. SCOPE OF WORK
The ARTIST agrees to provide the folfowing specific services in its artistic pertormance: One
performance each for "Comedy at The Ave" series:
• Friday, January 22, 2010, 7:30 pm: headliner 2010 Comedy Competion Winner Sean Kent
(2 other comedians "tba")
• Saturday, February 20, 2010, 7:30 pm: (3 comedians "tba")
. Saturday, Nlarch 20, 2010, 7:30 pm: (3 comedians "tba")
. Friday, April 23, 2010, 7:30 pm: (3 comedians "tba")
. Saturday, May 15, 2010, 7:30 pm: (3 comedians "tba°)
• Saturday, June 12, 2010, 7:30 pm: (3 comedians "tba")
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Agreement - Comedy Underground Winter/Spring 2010
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3. COAAPENSATION
A. ARTIST Fee:
In consideration of the services to the CITY in connection with the artistic
performance, the ARTIST shall receive totai compensation, inclwsive of
travel, $9,600.00 (nine thousand six hundred and no/100).
B. Complimentary Company Tickets:
The ARTIST shall be provided up to ten (10) complimentary tickets for each
performance. The ARTIST may request tickets in advance or provide the CITY
with a guest list prior to the performance.
6. PAYMENT
Jtu t 4or LC.L-1-,s
The ARTIST will receive 100 % of the fee negotiat or each performance at the conclusion of
each performance, payable to , by the CITY for the completed work and
perfarmance in compliance with the terms of this Agreement. Such payment shall be futl
compensation for all work performed and services rendered under the terms of this Agreement.
Payment schedule will be as follows:
• Friday, January 22, 2010, $1,600.00
. SatGrday, February 20, 2010, $1,600.00
. Saturday, March 20, 2010, $1,600.00
. Friday, April 23, 2010, 7:30 pm, $1,600.00
. Saturday, May 15, 2010, 7:30 pm, $1,600.00
. Saturday, June 12, 2010, 7:30 pm, $1,600.00
The payment to the ARTIST shal{ 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 delivered to the
ARTIST's company manager or his/her designee immediately following the performance.
3. SITE OF PERFORMANCE
The ARTiST will conduct its pertormances at the Auburn Avenue Theater, 10 Auburn Ave.,
Auburn, WA., herein referred to as "VENUE."
4. REQUIREMENTS
A. The C1TY shall provide the following for this performance:
• AI1 promotion of performances, anI•odliiie~ial
promotiQR , including press
releases, paid advertising, radio public service announcements, 6rochures and
postcards, performance programs.
• Box office management staffing
• Ushers and front-of-house staffing (not incl. merchandise sales - Reference Item
5-C below).
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• Auburn Avenue Theater for load-in and/or rehearsai, pius performance for ali
three performances for a full 8-hour schedule.
• Full sound system and stage lighting, barstooi, bottled water, basic stage
lighting design
• Technical stage staff.
B. The ARTIST shall provide the following for the perfarmance:
• Provide scores and parts for the company and pay all fees (if any)
associated with public performance of music.
• engage and rehearse the company.
• provide program content, biographies, and optional photographs of key
production staff and artists for performance program and public relations
materials with the execution of this contract.
C. Technical Requirements:
The CITY shall provide the following technical assistance for this performance:
The CiTY will assist with coordination of technical services between the VENUE
and the ARTIST. The CITY agrees ta provide, through the VENUE, technical
iabor for this production, as detailed in the ARTISTS technical rider (if
applicable) and as approved by the technical director of the VENUE and the
ARTIST.
5. PROMOTIONAL RESPONSIBILITIES
A. Promotional materials shall be mutually agreed upon between the CITY and the
ARTtST.
B. The CITY will market the performance as defined in Item 4.
C. The ARTIST assumes sole and total responsibilitv for alf of ARTIST
Merchandise Concessions, if any, inciuding inventory, merchandise bank/credit
card transaction supplies, sales and sales personnei. ARTIST maintains 100%
of total sales of ARTIST Merchandise. The CITY and/or VENUE will provide (1)
table in the lobby of the VENUE for Merchandise Sales.
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 #he part of the ARTIST, its agents, represen#atives and
employees except where such claims arise solely from the negligent acts of the CITY,
its agents, representatives or employees.
9. INABILITY TO PERFORM
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~ 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, through no fautt of the CITY, the perFormance(s) (ttem 2: Scope of Work)
shall be rescheduled at a mutually agreed upon date to occur not more than 12 months
following the date of the initially scheduled performance, either at the same venue as
initiatly scheduled or at another venue avai[able to the CITY for such performance.
If the performance cannot proceed through some fault of the C1TY, but the CITY gives
at least ninety (90) days advance notice of cancellation to the ARTIST, 50% of total
Deposit, if applicable, (Item 5-A: ARTIST Fee) paid to ARTIST shall be returned to
CITY. If the performance cannot proceed through some fault of the C{TY, and the CITY
gives less than ninety (90) days advance notice of cancellation to the ARTlST, none of
the total Deposit, if applicable, (Item 5-A: ARTIST Fee) shall be returned to CITY.
10. 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.
11. NOTICES
Any notice required or permitted under this Agreement may be personally served, or
given in writing, and shall be deemed sufficien#ly given or served if sent by registered or
certified mail addressed to the respective parties as follows:
CITY Laurie Rose, Cultural Arts Manager
Auburn Arts Commission
Auburn Parks, Arts & Recreation
910 Ninth Street SE
Auburn, WA 98002
253-931-3043 / Lrose@auburnwa.gov
ARTISTS REPRESENTATIVE:
Ron Reid
The Comedy Underground/Seattle
109 S. Washington St.
Seattle, WA 98104
206-930-9973 / ron@comedyunderground.com
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_
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us: lt-0. 4a
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 pravisions of this Agreement.
In the performance of the work herein, the ARTIST agrees to comply with all applicable
State and local laws, rules and regulations.
ARTIST
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(si at re)
ARTIST TAX
DATE
C
Mayor Peter B. Lewis, City of Auburn
OEC Q 4 2009
DATE
ATTEST
Danielle Daskam, City Clerk
AUBURN AVE THEATER 2010
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