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HomeMy WebLinkAboutBottom Line DuoA S, 16 s ~ ~ 1 ZuBuRN ' ~Otyt SIiAN YO(/ (MAGINtO AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this t ~ day of e~IL4 , 204 by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Spencer Hoveskeland/30TTOM LINE DUO whose address is, 4900 S 107t" St, Tukwila, WA 98178, 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 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 alf 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: One performance of ARTIST's "Concert Program," [(2) 45-minute sets with one set break], 7:30 p.m., Friday, April 30, 2010 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at the Auburn Avenue Theater, 10 Auburn Avenue, Auburn, WA. 98002, herein referred to as "VENUE." AUBURN AVE THEATER 2010 Agreement - BOTTOM LINE DUO , < 6. PAYMENT The ARTIST will receive 100 % of the fee at the conclusion of the performance, payable to Spencer Hoveskeland/Bottom Line Due, 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. Payment shall be delivered to the ARTIST's company manager or his/her designee immediately following the performance. PROMOTIONAL RESPONSIBILITIES A. Promotional materials shall be mutually agreed upon between the CITY and the ARTIST. B. The CITY will market the performance as defined in Item 4. C. The ARTIST assumes sole and total responsibility for all of ARTIST Merchandise Concessions, if any, including inventory, sales and sales personnel. 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 the part of the ARTIST, its agents, representatives and employees except where such ciaims 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 venue available to the CITY for such performance. If the performance cannot proceed through some fault of the CITY, but the CITY gives at least ninety (90) days advance notice of canceilation 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 AUBURN AVE THEATER 2010 Agreement - BO7TOM LINE DUO ARTI (si n ~fu re) ARTIST TAX ID#: 206-732-2434 DIRECT CONTACT PHONE (not agent) S ctniJ ~ ~o1M ~ iNeJlv • G vo DIRECT CONTACT EMAIL (not agent) - DATE CITY OF AUBURN Daryl Faber, Director City of Auburn Parks, Arts, & Recreation W D?/KO DATE AUBURN AVE THEATER 2010 Agreement - BOTTOM LINE DUO n___ r _c r