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HomeMy WebLinkAboutMay Palmery AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this ~~~ day of ~~, 2007, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and May Palmer ,whose address is PO Box 2643, Lynnwood, WA 98036; phon ,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 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: 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. SCOPE OF WORK The ARTIST agrees to provide the following specific services in its artistic performance: One ninety minute set of May Palmer + band for Auburn's Summer Sounds & Cinema event on Friday, August 24, 2007, from 7:00 to 8:30pm. ARTIST will be on site by 5:30pm for set-up and sound check. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at Game Farm Park, 3030 R St SE, Auburn, WA, herein referred to as "VENUE" Agreement -May Palmer Page 1 of 4 .. 4. REQUIREMENTS The CITY shall provide the following for this performance: Sound equipment consisting of one 24-channel mixer; four powered floor monitors; two direct input boxes; one nanoverb effects unit; guitar cables; mic cables; speaker cables; one CD player; one sound technician to set up and run equipment. 5. COMPENSATION In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive total compensation of one thousand and no/100 ($1,000.00). 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 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 delivered to the ARTIST's company manager or his/her designee immediately following the performance.. PROMOTIONAL RESPONSIBILITIES ARTIST shall provide the following promotional materials to the CITY: Company bio, photos (high resolution electronic images) and any artwork specifically pertaining to ARTIST at the upon signature of this contract. 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 be made between ARTIST and CITY to reschedule the performance(s) at a mutually agreed upon date. Agreement -May Palmer Page 2 of 4 10. PERFORMANCE RAINOUT In the event of rain, the CITY will contact the ARTIST by 2:OOpm on the day of the performance to determine if the performance will be moved indoors or rescheduled. ARTIST must provide a telephone number where ARTIST can be reached at the time/date stated above. If rescheduling is not possible within one year of the event, ARTIST is to be paid on the day of the performance. 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 Laurie Rose, Cultural Arts Manager City of Auburn 910 Ninth Street SE Auburn, WA 98002 ARTIST May Palmer PO Box 2643 Lynnwood, WA 98036 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 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. Agreement -May Palmer Page 3 of 4 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 ARTIST TAX ID#: DATE: ~ f~,.3~0 / CITY OF AUBURN C~~~ ~ DARYL FABER, DIRECTOR PARKS, ARTS & RECREATION DATE: ~ ~lv APP O D F Daniel B. Hei City Attorney Agreement -May Palmer Page 4 of 4