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HomeMy WebLinkAboutWalt Johnson (No Rules Band Jim Brady & Randy Hiatt)Z14 AGREEMENT FOR ARTISTIC SERVICE 29/ THIS AGREEMENT is made and entered into this 11 day of I; 2011, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Walt Johnson (No Rules Band with Jim Brady & Randy Hiatt), 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 No Rules for Auburn's Summer Sounds & Cinema event on Friday, August 3, 2012, from 7 :00pm — 8:30pm (no set break). ARTIST will be o n -site no later than 6:15 pm 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 Sunset Park, (1306 69th Street SE), Auburn, WA, 98092 herein referred to as "VENUE" 4. REQUIREMENTS The CITY shall provide.the following for this performance: Sound equipment and one sound technician to setup and run equipment. Agreement — No Rules Summer Sounds & Cinema 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 one - thousand dollars and no /100 ($1;000.00). 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, 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 No Rules Summer Sounds & Cinema 2012 Page 2 of 4 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST no later than 12:OOpm on Friday, August 3, 2012, to determine if the performance will be moved indoors or rescheduled. ARTIST must provide a telephone number where ARTIST can be reached at the time /date stated above. If rescheduling is not possible within one year of the event, ARTIST is to be paid on the day of the performance. 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 Walt Johnson /No Rules 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 — No Rules Summer Sounds & Cinema 2012 Page 3 of 4 ► ARTIST WALT JOHN ON ARTIST TAX ID #: 536 -46 -6941 DATE: CITY OF AUBURN DARYL FABER, D IRECTOR PARKS, ARTS & RECREATION DATE: //I 911 auj KRISTY PACHCIA1RZ, SPECIAL EVENTS COORDINATOR PARKS, ARTS & RECREATION DATE: Agreement — No Rules Summer Sounds & Cinema 2012 Page 4 of 4 c)i.A /ij 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 15, 2011 Between: Artist Representative: Walt Johnson Representing: No Rules with Jim Brady & Randy Hiatt And Purchaser: Kristy L. Pachciarz Representing: Auburn Parks Department 2) Date(s) of Engagement: Friday August 3, 2012 Startin & finishin • times of en la ement: 7:OOPM- 8:30PM 3) Location of Engagement Sunset Park Venue Phone Emergency Phone Contact Person 1306 - 69th St SE Auburn, WA 98001 -4916 4) Job Description: a. Artist shall use their best effort to conform to rules and policies of the establishment fulfilling all entertainment requirements. Summer sounds: Cinema Series 5) Contract Price: a: Unless otherwise specified, contract price shall include agents commission. $1,000.00 6) Purchaser will make payment: TO LEADER AT CONCLUSION OF ENGAGEMENT IN CASH, CHECK, OR MONEY ORDER. Payable to: Walt Johnson Tax Number 536 -46 -6941 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 artist 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 attorney's fees and court costs paid for by the non - prevailing party. 10) Special Provisions Park will provide 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 L. Pachciarz City of Auburn 910 Ninth Street SE Auburn, WA 98002 Address Signature of Leader Walt Johnson No Rules with Jim Brady & Randy Hiatt PO Box 250 Bothell, WA 98041 253 - 931 -3052 Phone (425) 489 -7900 kpachciarz@auburnwa.gov Responsible Agent Craig Cooke