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HomeMy WebLinkAboutBrain Dijulio dba One Eyed Jack (2)AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 21 day of , 2011, by and AMR �� ° 1d ?01? 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: 120 minute performance of One Eyed Jack for Auburn's Petpaloozatevent on Saturday; May 19, 2012pfrom 10:00 am to 12:00 pm (no set break). ARTIST will be on -site no later than 9:15 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 Game Farm Park, 3030 R Street SE, Auburn, WA, 98002 herein referred to as "VENUE" 4. REQUIREMENTS The CITY shall provide the following for this performance: Sound system and sound technician(s) to set up and run equipment. Agreement — One Eyed Jack Petpalooza 2012 Page 1 of 4 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 dollars and no /100 ($600.00). 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 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 anyy 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 Petpalooza 2012 Page 2of4. 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 ma it addressed to the respective parties as follows: CITY Kristy Pachciarz, Sp ecial 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 Petpalooza 2012 Page 3 of 4 ARTIST ONE EYED JACK ARTIST TAX ID #: 5. -68 -2246 DATE: CITY OF AUBURN DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: 9( a'l 1 ` t Q KRISTY PACHC ARZ, SPECIAL EVENTS COORDINATOR PARKS, ARTS & RECREATION DATE: I �.2.1 11 Agreement — One Eyed Jack Petpalooza 2012 Page 4 of 4 Pacific Rim Talent PO Box 250 Bothell, WA 98041 Phone: (425) 489 -7900 Fax: (425) 482 -9509 Independent Contractor Engagement 1) Agreement made on September 21, 2011 Between: Artist Representative: Brian Dijulio Representing: One Eyed Jack 2) Date(s) of Engagement: . Startin _ & finishin: times of en l a • ement: And Purchaser: Representing: Saturday, May 19, 2012 10:OOAM- 12:OOPM Kristy Pachciarz Auburn Parks Department ) Location of Engagement Len Chapman Am .hitheatre 253 - 804 -5057 Venue Phone Emergency Phone Contact Person Game Farm Park 3030 R Street S.E. Auburn, WA 98002 Kristy Pachciarz 4) Job Description: Petpalooza Concert a. Artist shall use their best effort to conform to rules and policies of the establishment fulfilling all entertainrent requirements. 5) Contract Price: a: Unless otherwise specified, contract price shall include agents commission. $600.00 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 1/2% per month, and if litigation is necessary for collection, attorneys 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 attomey's fees and court costs paid for by the non - prevailing party. 10) Special Provisions Park supplies sound system. The recording, reproduction, or transmission of Artist's performance is prohibited absent written consent of artist. 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