HomeMy WebLinkAboutThe Blaguards IncA:!~, t(, .-S
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AGREEMENT FOR ARTISTIC SEgE
THIS AGREEMENT is made and entered into this ~ day of , 2009, by /
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and between the City of Auburn, Washington (PRESENTER), a Municipal Corporation of the
State of Washington herein referred to as "CITY" and The Blaguards, Inc. whose contact
information is,
c/o Vincent Mitchell, CMI Enterntainment, www.acoupleofblaguards.com, herein referred to
as "ARTIST."
WHEREAS, the CITY desires to contract with the ARTIST to provide a performance
(performances) for the public in Auburn, Washington; and
WHEREAS, the ARTIST 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:
7:30pm Mar 26, 2010; "A Couple of Blaguards" - One (1) perFormance
3. SITE OF PERFORMANCE: The ARTIST will conduct its performance at the AUBURN
PERFORMING ARTS CENTER, 700 E. MAIN ST. (NOTE: Venue is NOT the presenter!) herein
referred to as "VENUE"
4. REQUIREMENTS
a. The CITY shall provide the following for this performance: Promotion of
performance and performance programs; Box office management and staffing; Ushers
and front-of-house staffing (not incl. merchandise sales - Reference Item 7-C below).
b. The ARTIST shall provide the following for the performance: 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 ARTISTS for performance program and
public relations materials with the execution of this contract; Additionai promotion of event
as negotiated with CITY.
c. Technical Requirements: The CITY shall provide the following technical
assistance for this performance: The CITY will assist with coordination of technical
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Agreement - A Couple of Blaguards Page 1 of 4
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services between the VENUE and the ARTIST. The CITY agrees to provide, through the
VENUE, technical labor for this production, as detailed in the ARTIST'S Technical rider
(See Addendum) and as approved by the technical director of the VENUE and the
ARTIST.
5. COMPENSATION
a. ARTIST Fee: In consideration of the services to the CITY in connection with the
ARTIST scope of work (performance), the ARTIST shall receive total compensation,
inclusive of travel, of $10,000.00. In addition, Three (3) single hotel rms on March
25&26 plus Artist Hospitality Rider will be provided.
b. Complimentary Company Tickets: The ARTIST shall be provided up to Ten
(10) complimentary tickets for the performance. The ARTIST may request tickets in
advance or provide the CITY box office representative with a guest list 30 min. prior to
the performance.
6. PAYMENT SCHEDULE
The ARTIST shall be paid as outlined in Item 5 above 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.
a. Deposit of $1,500.00 will be sent to the AGENT CMI Entertainment, Inc. within
30 days of the execution of this contract, per compliance with the regulations of the CITY
Finance Department.
b. Balance of $8,500.00 will be delivered to the ARTIST's company manager or
his/her designee immediately following the performance. 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.
7. PROMOTIONAL RESPONSIBILITIES
a. Promotional materials shall be mutually agreed upon between the CITY and the
ARTIST.
b. The ARTIST assumes sole and total responsibility for all of ARTIST Merchandise
Concessions, if any, includina inventory, cash bank, credit card supplies and
sales personnel. ARTIST maintains 100% of total sales receipts of ARTIST
Merchandise. The CITY and/or VENUE will provide (1) table in the lobby of the
VENUE for Merchandise Sales. If ARTIST cannot provide sales personnel, the
CITY will provide up to two volunteer personnel. ARTIST and/or AGENT must
sign a waiver releasing the CITY of any liability regarding the sale of
merchandise.
8. INDEMNIFICATION
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The ARTIST agrees to indemnify, defend and hoid the CITY, its AGENTs,
representatives and employees harmless from and against any and ail 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, through no fault of the CITY, the performance(s) (Item 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
initially scheduled or at another comparable venue available to the CITY for such
performance. If the performance cannot be rescheduled within that time frame, 100% of
Deposit (Item 6: Payment Schedule) paid to ARTIST shall be returned to CITY.
If the performance cannot proceed through some fault of the CITY, but the CITY gives at
least ninety (90) days advance notice of cancellation to the ARTIST, 50% of total Deposit
(Item 5-A: ARTIST Fee) paid to ARTIST shall be returned to CITY. If the performance
cannot proceed through some fault of the CITY, and the CITY gives less than ninety (90)
days advance notice of cancellation to the ARTIST, none of the total Deposit (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 sufficiently given or served if sent by registered or
certified mail addressed to the respective parties as follows:
CITY Laurie Rose, Cultural Arts Manager
City of Auburn Parks, Arts & Recreation
910 Ninth Street SE
Auburn, WA 98002
253-931-3043 1 Lrose@auburnwa.gov
ARTIST The Blaguards, Inc
c/o Vincent Mitchell, CMI Entertainment
77 Ashwood Road
Port Washington, NY 11050
AGENT CMI Entertainment, Inc.
c/o Lynnette Crouse, 925 E. 9th St, Port Angeles, WA 98362
360-457-9770 (phone); 360-452-3124 (fax)
lynnettec@olypen.com; www.cmientertainment.com
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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 appiy:
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
applicable State and local laws, rules and regulations.
ARTIS '
(signature)
ARTIST TAX ID#:
DATE
CITY A J
✓
PETER B. LEWIS, MAYOR
OCT 2 3 2009
DATE
AAEST
Daffiefte DasKam
GIerk
CITYi
O
E
aniel B. -
CITY Attorney
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