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HomeMy WebLinkAboutThe Rowdy Refs Game ShowA~ ~ITY 1":t ~S~F ' AGREEMENT FOR ARTISTIC SERVICE I 5 THIS AGREEMENT is made and entered into this ~ day of 2010, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Patrick Slusher & Tom Gallo dba The Rowdy Refs Game Show, whose address is PO BOX 147, Centralia, WA 98531 (Patrick Slusher) and 160 S 58`h Street, Tacoma, WA 98408 (Tom Gallo), herein referred to as "ARTIST". WHEREAS, the CITY desires to contract with the ARTIST to provide an artistic performance - forthe 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: 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 compiete the performance in a competent and professional manner in accordance with the terms of this Agreement. SCOPE OF WORK The ARTIST agrees to provide the following specific services in its artistic performance: One 90 min. Rowdy Refs Game Show as part of Auburn's Summer Sounds 8 Cinema Series on Friday, August 6, 2010, from 7:00pm to 8:30pm. ARTIST will be on site by 6:00pm for set-up. SITE OF PERFORMANCE The ARTIST will conduct its performance at Sunset Park, 1306 69th Street SE, Auburn, WA, 98092 herein referred to as "VENUE" Summer Sounds & Cinema Agreement - Rowdy Refs Game Show August 2010 Page 1 of 5 REQUIREMENTS The CITY shall provide the following for this performance: 110 power access 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shail receive total compensation of eight hundred and fifty dollars no/100. ($850.00). Payment breakdown as follows: $472.50 to Patrick Slusher; $377.50 to Tom Gallo. 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 shaii 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 responsibie 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. 7. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Bio, photos (high resolution electronic images) and any artwork specifically pertaining ta ARTiST upon siqnature of this contract. 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 negligent acts of the CITY, its agents, representatives or employees. 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. Every effort shall be made between ARTIST and CITY to reschedule the performance(s) at a mutually agreed upon date. Summer Sounds & Cinema Agreement - Rowdy Refs Game Show August2010 Page 2 of 5 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST no later than 12:00pm on Friday, August 6, 2010, to determine if the performance will be moved indoors or rescheduled. ARTIST must provide a telephone number where ARTIST can be reached at the timeldate stated above. If rescheduling is not possible within one year of the event, ARTIST is to be paid on the day of the performance. 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 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 Kristy Pachciarz, Special Events Coordinator City of Auburn Parks, Arts & Recreation k'to 910 Ninth Street SE Auburn. WA 98002 ARTIST Patrick Slusher Rowdy Refs Game Show PO BOX 147 Centralia, WA 98408 and Tom Gallo Rowdy Refs Game Show 160 S 58"' Street Tacoma, WA 98408 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. Summer Sounds & Cinema Agreement - Rowdy Refs Game Show August 2010 Page 3 of 5 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. A TIST PATR SLUSHER TAX I.D. # DATE: ~ - TOM GALLO TAX I.D. # .53 DATE: CITY OF AUBURN Daryl Faber, Director Auburn Parks, Arts & Recreation DATE: 2/ Y// 0 AP O S O 0(20 D WI B. Heid City Attorney Summer Sounds & Cinema Agreement - Rowdy Refs Game Show August 2010 Page 4 of 5