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Home My WebLink About7560215 Ted Vigil - DocuSign Envelope ID: D63AC982-EFD2-432F-9381-621D159462B9 * • 1'I•/ , ;/ * O0.ETHAN YOU IMAGINt� AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this 17 day of June , 2024, by and between the City of Auburn, Washington (PRESENTER), a Municipal Corporation of the State of Washington herein referred to as "CITY" and Ted Vigil whose contact information is, , PO box 1366 Elma WA. 98541, herein referred to as "ARTIST". WHEREAS, the CITY desires to contract with the ARTIST to provide a 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: Public performance on Saturday, December 14, 2024, 7:30 pm for a 90-minute Holiday performance with intermission. 3. SITE OF PERFORMANCE: The ARTIST will conduct its performance at the Green River College, Cascade Hall 12401 SE 320th St, Auburn, WA herein referred to as "VENUE" 4. REQUIREMENTS a. The CITY shall provide the following for this performance: Promotion of performance and performance programs; Box office management and staffing; Ushers and front-of-house staffing (not incl. merchandise sales - Reference Item 7-C below). 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 and artists for performance program and public relations materials with the execution of this contract; Additional promotion of event as negotiated with CITY. c. Technical Requirements: The CITY shall provide the following technical assistance for this performance: 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 ARTISTS's Technical BRAVO 2024 Season Agreement— Ted Vigil Page 1 of 4 DocuSign Envelope ID: D63AC982-EFD2-432F-9381-621D159462B9 * • '��fTHAN YOU IMAGINEY� rider (See Addendum of Artists Tech 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 ARTIST scope of work (performance), the ARTIST shall receive total compensation of $5,000.00 (Five thousand and no/100). Also, the City agrees to the following, if 250 tickets or more are sold another an additional $1000.00 is paid. Any additional payment will be processed on the next City billing cycle. b. Complimentary Company Tickets: The ARTIST shall be provided up to Six (6) complimentary tickets for the performance. The ARTIST may request tickets in advance or provide the CITY box office representative with a guest list 30 min. prior to the performance. c. Hotel Accommodation: _2_ hotel rooms for one night, December 14, 2024 d. Hospitality will also be provided (please see ARTISTS rider attached) 6. PAYMENT SCHEDULE The ARTIST shall be paid as outlined in Item 5 above 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. $5000.00 to paid to ARTIST following the performance. 7. PROMOTIONAL RESPONSIBILITIES a. Promotional materials shall be mutually agreed upon between the CITY , ARTIST, and AGENT. b. The ARTIST assumes sole and total responsibility for all of ARTIST Merchandise Concessions, if any, including inventory, cash bank, credit card supplies and sales personnel. ARTIST maintains 100% of total sales receipts of ARTIST Merchandise. The CITY and/or VENUE will provide (1) table in the lobby of the VENUE for Merchandise Sales. If ARTIST cannot provide sales personnel, the CITY will provide up to two volunteer personnel. ARTIST and/or AGENT must sign a waiver releasing the CITY of any liability regarding the sale of merchandise. 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 BRAVO 2024 Season Agreement— Ted Vigil Page 2 of 4 DocuSign Envelope ID: D63AC982-EFD2-432F-9381-621D159462B9 AUBURN 0 HAN YOU IMAGINED 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 comparable venue available to the CITY for such performance. If the performance cannot be rescheduled within that period, 100% of Deposit (Item 6: Payment Schedule) paid to ARTIST shall be returned to CITY. If the ARTIST services cannot proceed through some fault of the CITY due to causes other than fire, accident, act of God or impossibility of performance, the CITY shall reschedule the ARTIST services on a mutually agreed upon date between CITY and ARTIST and either at the same VENUE as initially scheduled or at another comparable venue available to the CITY for such performance or if date is not availbale on current tour, artist will be paid per offer full fee. 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 Jim Kleinbeck, Performing Arts Coordinator City of Auburn Parks, Arts & Recreation 910 Ninth Street SE Auburn, WA 98002 253-804-5057 I ikleinbeck(a.auburnwa.aov ARTIST Ted Vigil PO box 1366 Elma Wa. 98541 360-915-3364 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. BRAVO 2024 Season Agreement— Ted Vigil Page 3 of 4 DocuSign Envelope ID: D63AC982-EFD2-432F-9381-621D159462B9 AUBURN H tJ`O�f TAN YOU IMAGINE' 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. ARTIST DocuSigned by: —100W-W, Artist 5/22/2024 DATE Ds CITY OF AUBURN Pr IDocuSigned by nIt Daryl a er, Director of Auburn Parks, Arts & Recreation 6/17/2024 DATE DocuSigned by: Jiml eint ecK" Theater Operations Coordinator 5/17/2024 DATE BRAVO 2024 Season Agreement— Ted Vigil Page 4 of 4