HomeMy WebLinkAboutEric Ode & Smilin' Coyote Band
ORIGI!:.' 1L
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this Lday of May, 2004 by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington
herein referred to as "CITY" and Eric Ode and The Smilin' Coyote Band, P. O. Box 1324,
Sumner, Washington, 98390 (Telephone: 253-863-0919), herein referred to as "ARTIST."
WHEREAS, the CITY desires to contract with the ARTIST to provide an ætistic
performance for the public in Auburn, Washington; and
WHEREAS, the CITY 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:
I. RETENTION OF ARTIST
The CITY does hereby retain the ARTIST to perform the work and services
described herein. The paJties agree that the ARTIST is an independ¡:nt 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 aJtistic
performance: One 45-minute performance by Eric Ode and the Smilin'
Coyote Band for the "Shades of Summer in the Park Kids' Summer Sounds"
series on Wednesday, August 4, 2004, from noon to 12:45 p.m. Artist must
be on site by 11:00 a.m. and ready to perform by 11:45 a.m.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Les Gove Park, 11th and Auburn
Way South, Auburn, Washington.
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Agreement- ERIC ODE-THE SMILIN' COYOTE BAND
May 3, 2004
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SOSKids
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4. TECHNICAL REOUlREMENTS
The CITY shall provide the following technical assistance for this pt:rformance:
Sound equipment consisting of one (1) 24-channel mixer; two (2) powered
floor monitors; two (2) IS-inch powered speakers; eight (8) microphones;
nine (9) stands; two (2) direct input boxes; one (1) NanoVerb effects unit;
guitar cables, mic cables and speaker cables; one (1) CD player; and a
technician to operate the sound equipment.
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
Forty and No/I00 Dollars ($640.00).
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 DepaJtment. 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 provided to the ARTIST
upon completion of performance on Wednesday, August 4, 2004,. Contracts
must be signed and returned by June 16, 2004, for payment on August 4,
2004.
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY:
Promotional packet including two black-and-white or color photos.
8. INDEMNIFICATION
The ARTIST agrees to indemnifY, defend and hold the CITY, its agents,
representatives and employees harmless ITOm 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 inmngements for musical performances, arising out
of the performance and obligations contained in this Agreement on the paJt of the
ARTIST, its agents, representatives and employees except where such claims arise
solely ITom the negligent acts ofthe CITY, its agents, representatives or
employees.
9. INABILITY TO PERFORM
If ARTIST is incapacitated ITom 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 salary for the time during
which the services have not been rendered.
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Agreement- ERIC OD& THE SMILIN' COYOTE BAND
May 3, 2004
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10. PERFORMANCE RAINOUT
In the event ofrain, the CITY will contact the ARTIST by 10:00 a.m. on
Wednesday, August 4, 2004 to determine if the performance will be moved
indoors to the Auburn Senior Center. ARTIST must provide a telephone
number where he/she can be reached at 10:00 a. m. on the morning of the
pcrformance This contact number must be included on the returned signed
contract.
II. TERMINATION
In the event the ARTIST or the CITY defaults or tàils 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 paJties as follows:
CITY
Lori Patrick
City of Auburn
910 Ninth Street SE
Auburn, W A 98002
Eric Ode
Eric Ode and The Smilin' Coyote Band
P. O. Box 1324
Sumner, W A 98390
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.
ARTIST
13. 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 paJties.
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.
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Agreement- ERIC ODE-THE SMILIN' COYOTE BAND
May 3, 2004
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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
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- THE SMILIN' COYOTE BAND
ERIC ODE
ARTIST TAX #:
DATE: ?11~/?/ ;?()O Ý
Contact Phone: (6<5:3) 8'.~ 0 - ~) I ~
CITY 0
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PETER B. LEWIS, MAyoR
DATE: C/7lciY
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Agreement- ERIC ODE-THE SMILIN' COYOTE BAND
May 3, 2004
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