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HomeMy WebLinkAboutBrian Vogan ORIGINAL �* AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 5th_day of _September. 2012, by and between the City of Auburn,Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and Brian Vogan (for Brian Vogan and His Good Buddies), 1127 Olympic Way West #201, Seattle,WA 98119, 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," of Brian Vogan and His Good Buddies, Walkin'in A Winter Wonderland, a (1) 60-minute set from 2-3p, Saturday becember15, 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." 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 sales- Reference Item 7-C below). • Auburn Avenue Theater for load-in and/or rehearsal, plus performance on Saturday, December 15, 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: Lighting and Sound equipment as arranged ahead of production at some time in the future. 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 as 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, $500.00. 6. PAYMENT The ARTIST will receive 100 % of the fee at the conclusion of the performance, payable to Brian Vogan (Brian Vogan And His Good Buddies), 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 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 may be personally served, or given in writing, and shall be deemed sufficiently given or served if sent b i y registered or certified mail addressed to the respective parties as follows: CITY Jim Westhusing Teen Coordinator City of Auburn Parks, Arts& Recreation 910 Ninth St. SE Auburn, WA 98002 ARTIST Brian Vogan Band Name=Brian Vogan and His Good Buddies 1127 Olympic Way West#201 Seattle,WA 98119 brianvoaan(cbhotmail.com 206-715-1069 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 Agreeriment.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. ARTIST (signature ARTIST TAX ID on file- 206-715-1069 DIRECT CONTACT PHONE (not agent) brianvoaanO-hotmail.com- DIRECT CONTACT EMAIL (not gent) 10 Z 1S 17. DATE CITY OF AYPURN aryl Faber, hector: City of Auburn Parks, Arts, & Recreation DA �