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HomeMy WebLinkAboutChristian Swenson A.~.'Co5 ,'r'~'~~~' ~)RIG!ftr~L ...-, ,_,).,. ,~4: AGREEMENT FOR ARTISTIC SERVICE s~ ~ THIS AGREEMENT is made and entered into this JI";;/day of _ .. 2005~ by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Christian Swenson whose address 1617 30th Ave., Seattle, WA 913122 (Telephone: 206-325-1836), herein referred to as "ARTIST". WHEREAS, the CIlY desires to contract with the ARTIST to provide an artistic performance 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 CIlY 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: Christian Swenson a. Molten Vocals will perform a one (1) hour site-speciific performance as part of 4Culture's King County Performance Network on Sunday, October 23, 2005, 10:30 to 11:30 a.m. beginning at the Sunbreak Cafe and progressing to the Auburn Sound Transit Station. The group will perform "Singing the Now," a series of improvisational vocals for diners at the Sunbreak C,afe and riders waiting to board the Seahawk Sunday trains (which depart at 11:jlO a.m. and 11:30 a.m.) 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at the Sunbreak Cafe, 22 A St. SW and the Auburn Sound Transit Station, 23 A St. SW ......----------....-----...----......---------------------------------- BRAVO! 2005-2006 Agreement - Christian Swenson September 19, 2005 Page 1 of4 --- .- ._-_.~~---------.__._..~_.._..... ,-..---.----.-- -- -- -.-- ._~. ,--~-~_._.__.- .- 4. REOUIREMENTS A. The CITY shall provide the following for this performance: 1. All promotion of performance (in conjunction with 4Culturt!), including press releases postcards and brochures. 2. Secure performance sites. The ARTIST shall provide the following for the performance: 1. Engage and rehearse the company. B. Technical Requirements N/A 5. COMPENSATION In consideration of the services to the CIlY in connection with the artistic performance, the ARTIST shall receive total compensation of Five hundred and NO/l00 Dollars ($500.00). 6. PAYMENT The ARTIST shall be paid by the CIlY 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 taxes, which are normally and typically payable by the ARTIST as a result of its performance. This does not include admission taxes and any taxes incident to charges for admission. Payment shall be delivered to the ARTIST production manager, or his/her designate, immediately following the pelformance. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: The CITY shall market the performance as defined in Section 4. Any otht!r promotional materials necessary to the performance shall be mutually anreed upon between the CITY and ARTIST. 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 I~xcept to the extent such claims arise from the negligent acts of the CITY, its agents, representatives or employees. ..---------..------....----------...--------.....----------------------- BRA YO! 2005-2006 Agreement - Christian Swenson September 19, 2005 Page 2 of 4 __.__."M~..~_._.,,__.__M_." ... ._...._.__"",..____________~".__._______.__.._________.~_~~.--~._---.-_._'- . 9. INABILI1Y 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 performanCi~, the ARTIST shall not receive any compensation for the time during which the services have not been rendered. Every effort shall be made between ARTIST and CITY to reschedule the performance(s} at a mutually agreed upon date. 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 OTHER may at its option terminate the Agre,ement. 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 Lori Patrick, Cultural Arts Manager City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST Christian Swenson 1617 30th Ave. Seattle, WA 98122 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 LOSING PARTY agrees to pay all reasonable costs, attorney's fees and expenses that may be incurred by the PREVAIUNG PARTY 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. -------------..-----------..-..-------------..------------...------- BRA YO! 2005-2006 Agreement - Christian Swenson September 19, 2005 Page 3 of4 --..---.- -"--~----- "... ----~_.- -..,- ARTIST CHRISTI DATE: CITY OF AUBURN ATTEST: ~ ~j;~~Jn(Mr/V~ . ~R B. LEWIS, MAYOR Danielle Daskam SEP 1 9 2005 City Clerk DATE: ------ -- ---......----.......-----..------------------------------------.......------ BRA YO! 2005-2006 Agreement - Christian Swenson September 19, 2005 Page 4 of 4 --,,_._--_._~_._-~._,..._..,_..~.,---- ---~._-~_.