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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into thisjQ.yvvday 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 Vicd Martinez, through Mary McFaul Booking and
Management, P. O. Box 46318, Seattle, Washington 98146 (Office Telephone: 206-938-5754
and Cell Telephone 206-714-2978), 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 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:
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 c:omp1ete 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 90-minute performance for the "Shades of Summer
Sundown at Game Farm Park" series on Friday, July 30, 2004, fl~om 7:00 to
8:30 p.m. ARTIST must be on site by 6:00 p.m. and ready to perform by
6:45 p.m.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Game Farm Park, Leonard C.
Chapman Amphitheater, 3030 R Street Southeast, Auburn, Washington.
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Agreement- VICCI MARTINEZ
May 3, 2004
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4. TECHNICAL REOUlREMENTS
The CITY shall provide the following technical assistance for this performance:
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 eŒects 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 Seven Hundred
and No/IOO Dollars ($700.00).
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 th,e terms of
this Agreement. The payment to the ARTIST shall be in complianœ with the
regulations ofthe 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 provided to the ARTIST
upon completion of performance on Friday, July 30, 2004, by chleck made
payable to Victoria Martinez. Contracts must be signed and returned by
June 16,2004, for payment on July 30, 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 from and against any and all claims,
causes of action or demands or any form of liability of any nature inc:iuding, 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 offire, 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- VICCI MARTINEZ
May 3, 2004
Page 2 of 4
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10. PERFORMANCE RAINOUT
In the event of rain, the CITY will contact the ARTIST by 4:00 p.m. on Friday,
July 30, 2004 to determine if the performance will be rescheduled. If
rescheduling is not possible within one month, ARTIST is to be paid on the
day of the performance. ARTIST must provide a telephone number where
he/she can be reached at 4:00 p. m. on the day of the performance This
contact number must be included on the returned signed contral:t.
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
Lori Patrick
City of Auburn
910 Ninth Street SE
Auburn, W A 98002
ARTIST
Vicci Martinez
c/o Mary McFaul Booking & Management
P. O. Box 46318
Seattle, WA 98146
Either party may at any time designate a different aldress to which notices shall
be sent. Notice given in accordance with these provisions shall be d(:emed
received when mailed.
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 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.
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Agreement- VICCI MARTINEZ
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
~~
BY MARY McFAUL, CONTACT
ARTIST TAX #:
Check made payable to Victoria Martinez
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Agreement- VICCI MARTINEZ
May 3, 2004
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