HomeMy WebLinkAboutBobby Medino (Dec Performance)X13- Iron
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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this ~ day of `CJ~ - , 2007, by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein
referred to as "CITY" and Bobby Medina whose address 125 K St. NE, Auburn, WA 98002,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.
2. SCOPE OF WORK
The ARTIST agrees to provide the following specific services in its artistic performance:
Two (2) 90-minute Christmas music concerts (no intermission) with band on Friday
Dec. 14 and ,Saturday, Dec. 15, 2007, at 7:30 pm. ARTIST agrees to be on site no later
than 6:OOpm for set-up andlor sound check.
SITE OF PERFORMANCE
The ARTIST will conduct its performance at Auburn Avenue Theater herein referred to as
"VENUE"
Auburn Avenue Theater
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A. The CITY shall provide the following for this performance:
All promotion of performance, including press releases, advertising, radio public
service announcements, print materials, performance programs
box office management and staffing; ushers and front-of-house staffing
Box Office reports at the end of each performance.
Up to 40 complimentary tickets to ARTIST. CITY further agrees to not exceed 10
complimentary tickets per performance without prior agreement from ARTIST.
B. The ARTIST shall provide the following for the performance:
Provide scores and parts for the company and pay all fees (if any) associated with
public performance of music.
engage and rehearse the company
provide program content, biographies, and optional photographs of key production
staff artists for performance program and public relations materials with the
execution of this contract.
4. Technical Requirements:
The CITY shall provide the following technical assistance for this performance: The CITY will
assist with coordination of technical services between the VENUE and the ARTIST. The CITY
agrees to provide, through the VENUE, technical labor for this production, as detailed in the
ARTIST'S technical rider and as approved by the technical director of the VENUE and the
ARTIST.
COMPENSATION
In consideration of the services to the CITY in connection with the artistic performance, the
ARTIST shall receive total compensation of eight thousand dollars and no/100 ($8,000).
The CITY further agrees that should ticket revenue exceed above stated compensation,
the additional ticket revenue will be divided on a 60:40 ratio, with the ARTIST receiving
60%of the difference and the CITY receiving 40%.
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 for compensation as outlined in Item 5
shall be delivered to the ARTIST or his/her designee immediately following the
performance. Additional revenue share as outlined in Item 5 will be paid at the close of
the next regular accounts payable cycle, per regulation of the CITY Finance Department.
Auburn Avenue Theater
Agreement -Bobby Medina Dec
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7. PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY: Artist/Company
biography, photos (high resolution electronic images) and any artwork specifically pertaining to
ARTIST upon signature of this contract.
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.
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.
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 Bobby Medina
125 K St. NE
Auburn, WA 98002
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.
Auburn Avenue Theater
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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.
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.
ARTI T
BOBBY MEDI A
ARTIST TAX~ID#:
DATE: r~~ ~"3~~ ?
C Y OF AUBURN
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PETER B. LEWIS, MAYOR
DATE: ~CT 1 2 ZOO7
Auburn Avenue Theater
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ATTEST:
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