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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this ~,~ day of ~n , 2007,
by and between the City of Auburn, Washington, a Municipal Corporation of the State of
Washington herein referred to as "CITY" and Danny V. Smith dba Illusion of Elvis, whose
address is, PO Box 197, Milton, WA 98354, 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)
performances of ARTIST's "An Inspirational Christmas with Elvis & John Denver" on
Friday, December 7 and Saturday, December 8, 2007, at 7:30pm.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at the Auburn Avenue Theater, Auburn, WA.,
herein referred to as "VENUE"
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4. REQUIREMENTS
A. The CITY shall provide the following for this performance:
• Promotion of performance and performance programs.
• Box office management and staffing
• Ushers and front-of-house staffing
(not incl. merchandise sales -Reference Item 7-C below).
B. The ARTIST shall provide the following for the performance:
• Provide scores and parts for the company and pay all fees 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.
• Additional promotion of event as negotiated with CITY
C. 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.
5. COMPENSATION
A. ARTIST Fee:
In consideration of the services to the CITY in connection with the artistic
performance, the ARTIST shall receive compensation, inclusive of travel,
$3,000 (three thousand and no/100 US dollars) for the guarantee of
booking. The CITY further agrees that should ticket revenue exceed above
stated compensation, plus $500.00 (five hundred and no/100) for
additional VENUE operational overhead, for a total of $3,500 (three
thousand five hundred and no/100 US dollars), 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%.
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B. Complimentary Company Tickets:
The ARTIST shall be provided up to ten (10) complimentary tickets for the
performance. The ARTIST may request tickets in advance or provide the CITY
with a guest list prior to the performance.
The CITY will reserve six (6) house seats up until five minutes before curtain.
House seats will be released for sale at that time.
Additional complimentary tickets shall be mutually agreed upon between the
ARTIST and CITY prior to each performance.
6. PAYMENT
The ARTIST shall be paid 100% of COMPENSATION as outlined in Item 5 above 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. Payment of COMPENSATION
will be delivered to the ARTIST's company manager or his/her designee immediately
following the final performance.
Accounting of final box office receipts will be delivered to the ARTIST on the first
business day following the final performance. Payment for additional revenue shall
follow the accounts payable policies of the CITY's Finance Department and payment of
shared revenue shall be made to ARTIST within a maximum of 8 weeks from date of
final performance.
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.
7. PROMOTIONAL RESPONSIBILITIES
A. Promotional materials shall be mutually agreed upon between the CITY and the
ARTIST.
C. The ARTIST assumes sole and total responsibility for all of ARTIST
Merchandise Concessions, if any, including inventory, sales and sales
personnel. ARTIST maintains 100% of total sales of ARTIST Merchandise. The
CITY and/or VENUE will provide (1) table in the lobby of the VENUE for
Merchandise Sales.
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
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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, through no fault of the CITY, the performance(s) (Item 2: Scope of Work)
shall be rescheduled at a mutually agreed upon date to occur not more than 12 months
following the date of the initially scheduled performance, either at the same venue as
initially scheduled or at another venue available to the CITY for such performance. If
the performance cannot be rescheduled within that time frame 100% of Deposit (Item
5-A: ARTIST Fee) paid to ARTIST shall be returned to CITY.
If the performance cannot proceed through some fault of the CITY, but the CITY gives
at least ninety (90) days advance notice of cancellation to the ARTIST, 50% of total
Deposit (Item 5-A: ARTIST Fee) paid to ARTIST shall be returned to CITY. If the
performance cannot proceed through some fault of the CITY, and the CITY gives less
than ninety (90) days advance notice of cancellation to the ARTIST, none of the total
Deposit (Item 5-A: ARTIST Fee) shall be returned to CITY.
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 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 Parks, Arts & Recreation
910 Ninth Street SE
Auburn, WA 98002
ARTIST Danny V. Smith
PO Box 197
Milton, WA 98354
AGENT (n/a)
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.
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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.
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.
In the performance of the work herein, the ARTIST agrees to comply with all applicable
- - State and local laws, rules and regulations.
ARTIST
(signatu
ARTIST TAX I
i ~ ~ O 1 -U ~
DATE
CITY OF AUBURN
DARYL ABER,
DIRECTOR, PARKS, ARTS & RECREATION
c s~ t~[ ~~
DATE
APPROVED AS TO FORM:
Daniel B. Heid
City Attorney
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