HomeMy WebLinkAboutBrothers from Different Mothers
ORIGIN~L
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this ~ day 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 Alex Zerbe dba Brothers from Different
Mothers, 29'17 Crosby Boulevard Southwest #412, Olympia, Washington 98512 (Telephone:
360-705-2899) 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 :md 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: Brothers from Different Mothers will perform one (1) 60-
minute performance at the Auburn Riverside Theatre on Smturday,
December 12, 2004 at 2:00 p.m. as part of the Kids' BRAVO! Series.
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May 4, 2004
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3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Auburn Riverside Theatre,
501 Oravetz Road, Auburn, Washington.
4. REQUIREMENTS
A. Performance Reauirements
The CITY shall provide the following for this performance:
1. All promotion of performance, including press releases, radio
public service announcements, radio interviews, and brochures.
2. Box office management and staffing.
3, Rental of Auburn Riverside Theatre for load-in and
performance on Saturday, December 12, 2004.
4. Green Room hospitality.
5. Ushers and front-of-house staffing.
The ARTIST shall provide the following for this perforrnance:
1. Engage and rehearse the company
2. Provide biographies and photographs of those associated
with the performance for public relations mat~'rials by
October 29, 2004.
B. Technical Reauirements
The CITY shall provide the following technical assistanœ for this
performance: Assistance with coordination of technic~11 services
between the Auburn Riverside Theatre and the ARTIST. The
City agrees to provide technical labor for this produdion, as
detailed in the ARTIST'S technical rider and approved by the
Technical Director of the Auburn Riverside Theatre.
5. COMPENSATION
In consideration of the services to the CITY in connection with :the artistic
performance, the ARTIST shall receive total compensation ofS,even
Hundred and No/I00 Dollars ($700.00).
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Kids BRA VO' 2004-5
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The ARTIST shall be provided with eight (8) complimentary tickets. It
will be agreed between the CITY and the ARTIST as to the distribution
of these tickets.
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 Departrm:nt. 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 Production Manager, or his/her designate,
immediately following the performance.
7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY:
The CITY shall market the performance as defined in Section 4A.
Promotional materials necessary to the performance shall be mutually
agreed upon between the CITY and the ARTIST.
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, the ARTIST shall not receive any
compensation for the time during which the services have not been
rendered. Every effort shall bc made between ARTIST and CITY to
reschedule the performance(s) at a mutually agreed upon da.te.
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KIds BRAVO! 2004-5
May 4, 2004
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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 w1der this Agreement may be personally
served, or given in writing, and shalI be deemed sufficiently given or served
if sent by registered or certified mail addressed to the respectiv¡: parties as
folIows:
CITY
Cultural Programs Manager
City of Auburn
910 Ninth Street SE
Auburn, W A 98002
ARTIST
Alex Zerbe
Dba Brothers from Different Mothers
2997 Crosby Blvd. SW #412
Olympia, WA 98512
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 folIowing 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 bœach 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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Aþreement Brothers from Different Mothers
Kids BRA VO' 2004-5
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D. The ARTIST agrees to pay all rcasonable 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
1<
-
ALEX Z
dba BROTHER
MOTHERS.
ARTIST TAX ID#:
DATE:
7-/5/0,,/
. ,
CITY OF AUBURN
'f5,~ -==z
PETER B. LEWIS, MAYOR
DATE: ll~(ry
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Agreement - Brothers from Different Mothers
Kids BRAVO! 2004-5
May 4, 2004
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