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HomeMy WebLinkAboutAGREEMENT FOR ARTISTIC SERVICES-- Rogue Planets.pdf Docusign Envelope ID:6C6BB5BF-7271-4DE5-B335-1E77E4560CDB Fll . lull �- . 4PHTTE RIVER VALLEY NIA RI O L S O ti MUSEUM FARVL AGREEMENT FOR ARTISTIC SERVICES This Agreement for Artistic Service (Agreement) is made and entered into on the later date of the parties' execution of the Agreement on page 4, and is by and between The City of Auburn (City), a municipal corporation organized under Title 35A of the Revised Code of Washington, and Sydney Lane Studios (Artist), which is represented by Reggie Eklund, who is located at 112 Sydney Lane, Chehalis, WA 98532 Summary Performance: 40 minutes of live music. Date & Time: 12:00— 6:00, September 14, 2024 Location: Mary Olson Farm, Auburn. Payment: $700.00 1. Retention of Artist and Conduct of Performapce. Artist shall perform the work and services described in this Agreement at the amount shown. Artist agrees to conduct and complete the performance in a competent and professional manner in accordance with the terms of this Agreement and according to the professional standards common in the industry. If an Artist arrives at the location noticeably under the influence of intoxicating beverages, narcotics, or drugs, the City may cancel the Agreement at its sole discretion and with no liability whatsoever. The Artist must notify and receive approval from the Museum Director for any substitutes, changes, or cancellations in the above-named performed services. The City provides performances at the Mary Olson Farm's "Hops & Crops" festival under the doctrine of government speech, and for the purpose of creating a positive weekend experience for Auburn community members who attend the museum. The Mary Olson Farm is not intended as a forum for Free Speech. The Artist acknowledges that market performances are government expression, are not protected by the First Amendment, and that the City will require the Artist to remove any offensive flag, banner, symbol, or image displayed. 2. Artist's Services The Artist agrees to provide one performance, a forty (40) minute set of live music, between the hours of 12:00 —6:00. City shall notify Artist of the specific start time no later than July 1, 2024. The performance will occur at the Mary Olson Farm, located at 28728 Green River Road SE, Kent, WA 983030 ("Venue"). 3. Citv's Services The City shall provide promotion of the performance, performance programs, coordination of technical services between Venue and Artist, and box office management and staffing, which shall NOT include merchandise sales that will be handled solely by Artist. 4. Payment. Sydney Lane Studios Agreement 1 Docusign Envelope ID:6C6BB5BF-7271-4DE5-B335-1E77E4560CDB Upon completion of the services described in Section 2, the City shall pay the sum of seven- hundred dollars ($700.00) as compensation for performance of the services. The amount shall be paid following the performance on the date listed above. The payment will be full compensation for work performed or services rendered and for all travel, labor, including set-up and take-down, materials, supplies, equipment, overhead, profit, and any incidentals necessary for the performance. The Artist agrees to be responsible for payment of any and all taxes, which may be due as a result of the performance. Artist shall pay all fees (if any) for the public performance of music. The Artist is solely responsible for Artist merchandise concessions including display and sales. The Artist may retain all revenue from the concessions. The City reserves the right to direct the location and time period of the concessions, although the time will be no less than the time of Artist's performance plus thirty minutes before and after. 5. Termination for Cause Either party may terminate this Agreement upon written notice to the other party if the other party fails substantially to perform in accordance with the terms of this Agreement through no fault of the party terminating the Agreement. The notice will identify the reason(s) for termination and specify the effective date of termination. In the event of a default by Artist, City may suspend all payments otherwise due to Artist and the City will have no further obligations to Artist. 6. Termination for Convenience & Force Maieure Without cause, the City may terminate this Agreement upon not less than five (5) days written notice to the Artist. City shall not be liable for any payment, anticipated profits or other consequential damages resulting from the termination. If the performance is canceled by the City for any occurrence not within the control of the City such as fire, cyber/ransomware attack, earthquake, flood, explosion, weather, riots, strikes, pandemic, lockouts, and emergency orders of the state or federal government, the City shall be excused of any delay in the performance of any obligation under this Agreement, for nonpayment, and shall not be liable for any damages suffered by Artist. If Artist does not perform the services due to sickness, or other circumstance beyond the Artist's control but not the fault of the CITY, the parties shall attempt to rescheduled the performance on 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 in good faith the parties are unable to reschedule the performance within 12 months of the performance date, this agreement shall become void and the City shall not be liable for any payment, including anticipated profits and other consequential damages. 7. Indemnification/Hold Harmless Artist shall defend, indemnify, and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits, including attorney fees, arising out of or resulting from the acts, errors or omissions of the Artist, its agents, representatives, and employees in performance of this Agreement, including claims of copyright infringement and defamation, except for injuries and damages caused by the sole negligence of the City. 8. Copyright. Artist is aware of U.S. Copyright Law and fully respects its authority with regard to the playing of live music. Artist certifies and agrees that any music played at the Venue is of Artists own authorship, is in the public domain, or is work the Artist has rights to perform. 9. Notices Sydney Lane Studios Agreement 2 Docusign Envelope ID:6C6BB5BF-7271-4DE5-B335-1E77E4560CDB 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 Mallory Genauer, Education Curator White River Valley Museum and Mary Olson Farm 918 H Street SE Auburn, WA 98002 (253) 553-9447 ARTIST Sydney Lane Studios Reggie Eklund 112 Sydney Lane Chehalis, WA 98532 Either party may at any time designate in writing, including by email, a different address to which notices shall be sent. 10. Independent Contractor The Artist agrees and understands that he/she is an independent contractor and not the agent or employee of the City. The manner and means of providing the professional services herein are under the sole control of the Artist, who shall furnish all supervision, labor, and all other incidentals except as specifically provided in this Agreement. The Artist shall be solely responsible for reporting his/her hours, earnings, income tax, and social security to the applicable federal and state agencies. The Artist understands that he/she is not entitled to any of the benefits provided by an employer to employees including but not limited to disability and unemployment insurance. 11. Entire Agreement This Agreement contains the entire understanding of the parties in respect to the transactions contemplated and supersedes all prior representations, agreements and understandings between the parties, either oral or written. 12. Waiver No waiver by either party of any breach or default shall be deemed a waiver of any preceding or any subsequent breach or default. 13. Assignment and Third-Party Benefits. This Agreement is for the exclusive benefit of the parties and it does not create a contractual relationship with, or exist for the benefit of, any third party, including agents, representative, subcontractors, or their sureties. The Artist shall not transfer or assign this Agreement except by the written consent of the City Museum Director or Department Director. Any such unconsented transfer or assignment shall be void and of no effect. Sydney Lane Studios Agreement 3 Docusign Envelope ID:6C6BB5BF-7271-4DE5-B335-1E77E4560CDB 14. Signature Authority The undersigned represents and warrants that he has the power and authority to execute this Agreement and to bind the Artist to the terms and obligations of this Agreement. The undersigned agrees to indemnify the City of Auburn for all costs and liabilities arising from breaching this provision. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed effective the later of the dates set forth below. ARTIST CITY OF AUBURN Signed by: Signed by: Old'Eldaid, Sydney Lane Studios Ma US Fie thin idf, Education Curator 9/3/2024 9/3/2024 DATE DATE Signed by:y ra1 ^ait, 0 a) Daryl Fa):; [,"Directo"r`,'Parks, Arts & Recreation 9/3/2024 DATE Photo Release In consideration of my engagement, and for other good and valuable consideration herein acknowledged as received, I grant to the City of Auburn and its legal representatives, officers and employees the irrevocable and unrestricted right to use any depiction of Rogue Planets for purposes of promotion, advertising, journalism, or other similar purpose no matter the manner and medium and without my inspection or approval, and I release the City from any liability relating to such use. Signed by: Sydney Lane Studios Agreement 4