HomeMy WebLinkAboutHorse Crazy Cowgirl Band A3 16.5
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AGREEMENT FOR ARTISTIC SERVICE
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THIS AGREEMENT is made and entered into this C- day of , 2011
by and between the City of Auburn, Washington, a Municipal Corporatio the State of
Washington herein referred to as 'CITY' and Horse Crazy Cowgirl Band Post Office Box
276 Winthrop, WA 98862, 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 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:
One performance of ARTIST's 'Concert Program, [(2) 45-minute sets with one set
break], 7.30 p.m. January 28, 2012
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.
(74.)
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Agreement—Horse Crazy Cowgirl Band
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4. REQUIREMENTS
A. The CITY shall provide the following for this performance.
• All promotion of performance, including press;releases, paid advertising, radio
public service announcements, brochures and postcards, performance
programs
• Box office management and staffing
• Ushers and front-of-house staffing (not incl. merchandise s ales Reference
Item 7-C below).
• Auburn Avenue Theater for load-in and/or rehearsal, plus performance on
• January 28, 2012
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.
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 to provide, through the VENUE, technical
labor for this production, as detailed in the ARTIST'S technical rider and a_s
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 artistic
performance, the ARTIST shall receive total compensation, inclusive of
travel, $1,500.00 (one thousand five hundred'dollars) 3 non-smoking hotel
rooms.
B. Complimentary Company Tickets:
The ARTIST shall be provided up to six (6) complimentary tickets for the
performance. The ARTIST may request tickets in advance or,provide the CITY
with a guest list prior to the performance.
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Agreement—Horse Crazy Cowgirl Band
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6. PAYMENT
The ARTIST will receive 100 % of the fee at the conclusion of the performance,
payable to Lauralee Northcutt, 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.
7 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 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 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 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
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Agreement—Horse Crazy Cowgirl Band
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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 maybe 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 Jim Kleinbeck
City of Auburn Parks, Arts & Recreation
910 Ninth St SE
Auburn, WA 98002
ARTIST Horse Crazy
Post Office Box 276
Winthrop'WA 98862
AGENT (n/a)
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 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
In the performance of the work herein, the ARTIST agrees to comply with all applicable
State and local laws rules and regulations
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Agreement—Horse Crazy Cowgirl Band
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A-'j IST
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(ss•nature)
Tax ID#
509-996-2404
DIRECT CONTACT PHONE (not agent)
yodel Ahorsecrazycowgirlband.com
DIRECT CONTACT EMAIL ( not agent)
DATE
CITY OF AUBURN
Daryl Faber Director
City of Auburn Parks, Arts, & Recreation
DATE
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Agreement—Horse Crazy Cowgirl Band
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Horse Crazy
CONTRACT FOR SERVICES
P.O. Box 276 Winthrop, WA 98862 (509)996-2404
www.horsecrazycowgirlband.com
This Contract for the professional services of Horse Crazy for the engagement as described below, is made this 29th
day of October in the year 2009, between the undersigned Purchaser(as indicated below) and the group Horse Crazy
represented in this contract by all members and signed by all members. If, within 30 days of the above date, this
contract has not been completed and returned, it becomes null and void, and Horse Crazy releases all responsibilities
and prior verbal agreements regarding proposed engagement as described below.
1.) Name and address of Purchaser Auburn Avenue Theater. 10 Auburn Avenue Jim Kleinbeck
2.) Name and address of place of engagement:Aubum Avenue Theater
Date(s)of engagement: March 31. 2012 Hours of engagement Evening performance beginning about 7:30
Price agreed upon: $1,500.00 Deposit Waived XX Balance to be paid by: After engagement
Special Provisions and considerations: Purchaser agrees to provide three hotel rooms for the Horse Crazy for the
night of April 16. 2011.
3.) This agreement to perform is subject to proven detention by accidents, riots, strikes, epidemics, or acts of God
beyond Horse Crazy's control. If the performance is to be held outdoors and, in the event the show is not presented
because of inclement weather Horse Crazy will be paid in full, provided Horse Crazy is present and ready to perform
at the designated time and place in this contract.
4.) By request, Horse Crazy will provide purchaser with recorded material for promotional purposes. Purchaser
agrees to allow Horse Crazy to have, on site and available for purchase, recorded and/or other promotional materials
at no commission.
5.) Horse Crazy or purchaser may cancel performance within 60 days by wire or written notice to Purchaser for
any reason.
6.) Horse Crazy, being licensed in the state of Washington, agrees to be responsible for reporting and
paying any federal or state withholding and payroll taxes in connection with this engagement. Any tax reporting on
Purchasers part with regard to a Contract for Horse Crazy Services must be made known by way of 1099 forms by
January 1 of the following year
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Purchaser Signature& Date orse Crazy Repr sentative Signature& Date