HomeMy WebLinkAboutMelody Music A3 1 bS
NAL
AGREEMENT FOR ARTISTIC SERVICE (-
THIS AGREEMENT is made and entered into this 0 day of I)VPAA rXiat
2011 by and between the City of Auburn, Washington, a Municipal Corporation of the
State of Washington herein referred to as "CITY" and Melody Music, PO BOX 3047,
Federal Way, WA, 98063, 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 CITY 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 costumes,
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: Disc Jockey services for Auburn's 2012 Daddy
Daughter Date Night on Friday, February 17, 2012 and Saturday,
February 18, 2012 from 6:30pm — 9:00pm. ARTIST is expected
to be set-up at least 20 minutes prior to the event. ARTIST is
responsible for providing an interactive DJ, a 500-watt sound
system, party lights, and all necessary entertainment props. See
attached agreement provided by ARTIST for additional
information.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at the Auburn Senior
Activity Center, 808 Ninth ST SE, Auburn, WA 98002.
The ARTIST agrees and represents that it has inspected the site prior to
the performance and accepts the premises in their present condition.
The ARTIST further agrees to indemnify, defend and hold the CITY
Agreement—Melody Music
Daddy Daughter Date Night 2012
Page 1 of 4
harmless from any and all injury to any person or property arising out of
the condition of or use of the site by.the ARTIST for its performance.
4. TECHNICAL REQUIREMENTS
The CITY shall provide the following technical assistance for this
performance: power, table and chair
5. COMPENSATION
In consideration of the services to the CITY in connection with the
artistic performance, the ARTIST shall receive total compensation of Six
Hundred and Ninety Dollars and No/1O0s ($690.00).
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 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 given to the ARTIST in.the form of a
check, in one payment, directly following the Saturday event
7 PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY
N/A.
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
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, the ARTIST shall not receive any
salary for the time during which the services have not been rendered.
Agreement—Melody Music
Daddy Daughter Date Night 2012
Page 2 of 4
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 of Auburn, 910 Ninth Street SE, Auburn, WA
98002; Melody Music, PO BOX 3047, Federal Way, WA, 98063
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.
E. In the performance of the work herein, the ARTIST agrees to
comply with all applicable State and local laws, rules and
regulations.
Agreement—Melody Music
Daddy Daughter Date Night 2012
Page 3 of 4
ARTIST p ��
9VZ7
MELODY MUSIC ��
/
DATE: I/ 51 l.2
CITY OF AUBURN
c3 DARYL FABER
Parks, Arts & Recreation Director
DATE: ( I /2 s�!/
STY PACHCIARZ
S ecial Events Coordinator
DATE: 11/;)//
Agreement—Melody Music
Daddy Daughter Date Night 2012
Page 4 of 4
Melody=
Music
'Occasions Made Special' Event ID: 7234
This agreement,dated November 30,2011 is between Auburn Parks,arts and Recreation(the contractee)and Dustin Woods
Melody Music Company herein referred to as DWMMC(the contractor). The purpose of this agreement is to establish the
payment terms and obligations between the contractee and the contractor
The program will be performed on: Friday,February 17 2012
The program will be performed at: Auburn Senior Center
The program will begin at 6:30 pm and end at: 9:00 pm
The initial price herein is for a 2.5 hour time block,Should the contractee wish to lengthen the program content,
then additional time will be available at the disc jockey's discretion,and charged at the hourly rate of$100.00 for an hour or
part thereof at the full hourly rate. This extension is to be arranged at the time of the program.
The contractee will pay the contractor in the following manner
Total amount charged for entertainment $345.00
Subtract a non-refundable security deposit of $0.00
Total due after subtracting deposit $345.00
Special Provisions: Please make all checks payable to Melody Music
I. RESPONSIBILITY DWMMC,is hereby held harmless and assumes no responsibility for any damages to all persons
and property at above mentioned event. Failure to return the original contract,signed and dated with a deposit to
DWMMC within ten(10)days of the program being booked will null and void any responsibility to the contractee by the
contractor. Contractee must provide adequate power within 20 feet of DJ.Client agrees that an additional travel charge
may be incurred if event is farther than 45 miles one way from our Federal Way office.
2. DEPOSITS. All deposits are non-refundable since date being reserved is unavailable for resale. The balance is due
15 days prior to event date.Any remaining balance will be automatically applied to the credit card provided. No refunds
of any amount are made 30 days prior to event. Should DWMMC fail to show as indicated then all money paid will be
refunded. In the event of cancellation due to weather related circumstances,no refunds will be given,instead the money
paid will be applied to a later event,scheduled within one year from the original event date.In the event of any type of
contract breach,any damages or refunds sought,can under no circumstances exceed amount paid to DWMMC by or for
contractee.
3. MUSIC. Specific music desired for any part of the event must be submitted at least two weeks prior to event.
DWMMC will attempt to provide as many special requests as deemed feasible by DWMMC personnel.DWMMC
assumes no responsibility for loss of music provided by contractee for above mentioned event. Unless specific personnel
requested are listed in writing,DWMMC will determine best personnel for each event.
4. EQUIPMENT DAMAGE. You agree to be responsible for any damages or theft to our equipment,if such damage or
theft is caused by you or your guests.
5. ENTIRE AGREEMENT This agreement superseeds all agreements previously made between us and relating to
subject matter. There are no other understandings or agreements.
6. GOVERNING LAW This agreement shall be construed in accordance with and governed by the laws of the state of
Washington. Any disputes arising from this agreement shall be subject to the binding arbitration in King County
Washington in accordance with the procedured of the American Arbitration Association. This agreement to perfrom is
subject to proven detention by sickness,accident,riots,strikes,epidemics,acts of God or any other legitimate conditions
beyond our control. In no event shall DWMMC be liable for any special,collateral, incidental,or consequential damages
in connection with the program.
Dcontractee Date
Contracto _
Address Phone
OUR MAILING ADDRESS IS P.O. BOX 3047 FEDERAL WAY WA 98063-3047
WE MUST HAVE A PHONE NUMBER WE CAN REACH SOMEONE ONE HOUR PRIOR TO THE EVENT
OFFICE NUMBER 206-730-1300 * Fax 206-592 2453
Melody-v-4-v-
Music
"Occasions Made Special` Event ID: 7235
This agreement,dated November 30,2011 is between Auburn Parks,arts and Recreation(the contractee)and Dustin Woods
Melody Music Company herein referred to as DWMMC(the contractor). The purpose of this agreement is to establish the
payment terms and obligations between the contractee and the contractor.
The program will be performed on: Saturday,February 18,2012
The program will be performed at: Auburn Senior Center
The program will begin at 6:30 pm and end at: 9:00 pm
The initial price herein is for a 2.5 hour time block,Should the contractee wish to lengthen the program content,
then additional time will be available at the disc jockey's discretion,and charged at the hourly rate of$100.00 for an hour or
part thereof at the full hourly rate. This extension is to be arranged at the time of the program.
The contractee will pay the contractor in the following manner
Total amount charged for entertainment $345.00
Subtract a non-refundable security deposit of $0.00
Total due after subtracting deposit $345.00
Special Provisions: Please make all checks payable to Melody Music
1 RESPONSIBILITY DWMMC,is hereby held harmless and assumes no responsibility for any damages to all persons
and property at above mentioned event. Failure to return the original contract,signed and dated with a deposit to
DWMMC within ten(10)days of the program being booked will null and void any responsibility to the contractee by the
contractor Contractee must provide adequate power within 20 feet of DJ.Client agrees that an additional travel charge
may be incurred if event is farther than 45 miles one way from our Federal Way office.
2. DEPOSITS. All deposits are non-refundable since date being reserved is unavailable for resale. The balance is due
15 days prior to event date.Any remaining balance will be automatically applied to the credit card provided. No refunds
of any amount are made 30 days prior to event. Should DWMMC fail to show as indicated then all money paid will be
refunded. In the event of cancellation due to weather related circumstances,no refunds will be given, instead the money
paid will be applied to a later event,scheduled within one year from the original event date. In the event of any type of
contract breach,any damages or refunds sought,can under no circumstances exceed amount paid to DWMMC by or for
contractee.
3. MUSIC. Specific music desired for any part of the event must be submitted at least two weeks prior to event.
DWMMC will attempt to provide as many special requests as deemed feasible by DWMMC personnel.DWMMC
assumes no responsibility for loss of music provided by contractee for above mentioned event.Unless specific personnel
requested are listed in writing,DWMMC will determine best personnel for each event.
4. EQUIPMENT DAMAGE. You agree to be responsible for any damages or theft to our equipment,if such damage or
theft is caused by you or your guests.
5. ENTIRE AGREEMENT This agreement superseeds all agreements previously made between us and relating to
subject matter. There are no other understandings or agreements.
6. GOVERNING LAW This agreement shall be construed in accordance with and governed by the laws of the state of
Washington. Any disputes arising from this agreement shall be subject to the binding arbitration in King County
Washington in accordance with the procedured of the American Arbitration Association. This agreement to perfrom is
subject to proven detention by sickness,accident,riots,strikes,epidemics,acts of God or any other legitimate conditions
beyond our control. In no event shall DWMMC be liable for any special,collateral,incidental,or consequential damages
in connection with the program.
Coutracte Date
Contr. do
Address Phone
OUR MAILING ADDRESS IS P 0 BOX 3047 FEDERAL WAY WA 98063-3047
WE MUST HAVE A PHONE NUMBER WE CAN REACH SOMEONE ONE HOUR PRIOR TO THE EVENT
OFFICE NUMBER 206-730-1300 * Fax 206-592 2453