HomeMy WebLinkAboutBrian Dijulio dba One Eyed JackAGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this 21 day of
c
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, 2011, by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein
referred to as "CITY" and Brian Dijulio dba One Eyed Jack, whose address is c/o Pacific Rim
Talent, PO BOX 250, Bothell, WA, 98041; phone 425 -489 -7900, 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:
90 minute performance of One E yed Jack for Auburn's 4t'Lof July=e renton Wednesday;
July_47:2012; from 11:00 am to 12:30 pm (no set,break). ARTIST will, be on-site no later
than 10:15 am for set -up and sound check. See attached agreement from Pacific Rim
Talent for more information.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Les Gove Park, 910 Ninth Street .SE, .Auburn,
WA, 98002 herein referred to as "VENUE"
4. REQUIREMENTS
The CITY shall provide the following for this performance: Sound system and so and
technician(s) to set up and run equipment.
Agreement - One:Eyed Jack
4� of:July-Festival 2012.
Page 1of4
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic performance, the
ARTIST shall receive total compensation of five - hundred dollars and no /100 ($500.00).
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 Financenepartment. 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
ARTIST shall provide the following promotional materials to the CITY: Company bio, photos
(high resolution electronic images) and any artwork specifically pertaining to ARTIST at the
upon signature of this 'contract.
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,
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.
Agreement — One Eyed Jack
4 of July Festival 2011
Page 2 of 4
10. PERFORMANCE RAINOUT
n /a. Event is held rain or shine.
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
910 Ninth Street SE
Auburn, WA 98002
ARTIST Brian Dijulio dba One Eyed Jack
c/o Pacific Rim Talent
PO BOX 250
Bothell, WA 98041
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 — One Eyed Jack
4m of July Festival 2011
Page 3 of 4
ARTIST
ONE EYED JACK
ARTIST TAX ID #: 7 -68 -2246
DATE:
CITY OF AUBURN
DARYL FABER, DIRECTOR
PARKS, ARTS & RECREATION
DATE: 49/02P
Lt otvu
KRISTY PACHCIAIRZ, SPECIAL EVENTS COORDINATOR
PARKS, ARTS & RECREATION
DATE:
Agreement - One Eyed Jack
4m of July Festival 2011
Page 4of4
Pacific c Rim
PO Box 250
Phone: (425) 489 -7900
Contractor
Talent
Bothell, WA 98041
Fax: (425) 482 -9509
Engagement
1) Agreement made on
September 21, 2011
Between:
Artist Representative:
Brian Dijulio
And Purchaser:
Representing: One Eyed Jack Representing:
2) Date(s) of Engagement:
Startin • & finishin . times of en l a l ement:
Wednesday July 4, 2012
11:OOAM- 12:30PM
Kristy Pachciarz
Auburn Parks Department
) Location of
Engagement
Les Gove Park
253 - 804 -5057
Venue Phone
Emergency
Phone -
Contact Person
11 Auburn Way South
Auburn, WA 98002
Kris Pachciarz
4) Job Description:
4th of July Festival
a. Artist shall use their best effort to conform to rules and policies of the establishment fulfilling all entertainment requirements.
5) Contract Price:
a: Unless otherwise specified, contract price shall include agents commission.
$500.00
6) Purchaser will make payment: TO LEADER AT CONCLUSION OF ENGAGEMENT IN CASH,
CHECK, OR MONEY ORDER
Payable to: Brian Dijulio
Tax Number: 537 -68 -2246
7) Artist(s) - Independent contractor:
a. Pursuant to paragraph 3, artist shall at all times have complete supervision, direction and control over the services of his personnel on this engagement and expressly
reserves the right to control the manner, means and details of the performance of services to fulfill the entertainment requirements.
b. The artist executes this agreement as an independent contractor, not as an employee of the purchaser. Responsibility for appropriate payments of payroll taxes and
charges under applicable federal and local law will be assumed by Artist.
8) Agent Provisions:
a. The contracting agent is acknowledged to have fully performed upon the commencement of this engagement. He shall not be liable for the default of a purchaser or
the non - performance of the group. No changes in the contract affecting agents commissions shall be made without the written approval of the agent.
b. If Artist(s) is re booked into this or any establishment represented by the purchaser (including chain buyers of music) within 395 days from the termination of this
agreement, purchaser and Leader shall be jointly and severally liable for payment to Pacific Rim Talent for commission in the rate set forth in this engagement.
c. The percentage of commissions included in the gross price of this engagement is 15% from act to PRT
d. Commission shall be held in trust by leader as fiduciary and forwarded to agent within three (3) days of receipt, or 1) agent has the authority to cancel the following
engagement, or 2) at the request of agent, present purchaser is authorized to withhold from leader any commissions due Pacific Rim Talent. Delinquent commission shall
accrue interest at 1 l/2% per month, and if litigation is necessary for collection, attomeys fees shall be paid by debtor.
9) Cancellation / Dispute:
This contract cannot be canceled except by mutual, written consent of both purchaser and leader of the Musicians as an Artistic Group. All disputes are to be first
negotiated through the agency, then, if not resolved, will be referred to a court of law in Seattle, WA. The prevailing party shall have all attorney's fees and court costs paid
for by the non - prevailing party.
10) Special Provisions
The recording, reproduction, or transmission of Artist's performance is prohibited absent written consent of artist.
.Park supplies sound system.
Commencement of engagement together with physical delivery of this contract is deemed to be a verification of an oral
agreement and acceptance of all terms by the purchaser.
Signature of Purchaser
Kristy Pachciarz
Auburn Parks Department
910 Ninth St. SE
Auburn, WA 98002
253 - 804 -5057
kpachciarz@auburnwa.gov
Address
Signature of Leader
Brian Dijulio
One Eyed Jack
PO Box 250
Bothell, WA 98041
Phone (425) 489 -7900
Responsible Agent Craig Cooke