HomeMy WebLinkAboutDavid Harsh
OR16;
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this day of Oz& , 2008,
by and between the City of Auburn, Washington, a Municipal Corporation of the State of
Washington herein referred to as "CITY" and David Harsh whose address is, Three
Strand Music, P.O.Box 1674, Edmonds, WA, 98020, 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:
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 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
performance's of ARTIST's "Concert Program," with one set break. First performance
7:30 p.m., Saturday, May 17, 2008. Second performance 2:00 p.m., Sunday, May 18, 2008
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at the Auburn Avenue Theater, Auburn, WA.,
herein referred to as "VENUE."
AUBURN AVE THEATER 2008
Agreement - David Harsh
Page 1 of 5
4. REQUIREMENTS
A. The CITY shall provide the following for this performance:
• All promotion of performance, including press releases, paid advertising, radio
public service announcements, brochures and postcards, performance
programs
Box office management and staffing
• Ushers and front-of-house staffing (not incl. merchandise sales - Reference
Item 7-C below).
• Auburn Avenue Theater for load-in and/or rehearsal, plus performance on
Saturday, May 17, 2008 and Sunday, May 18, 2008
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.
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 total compensation of $1,900.00
(one thousand nine hundred and no/100) balance, plus one hotel room
night.
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.
AUBURN AVE THEATER 2008
Agreement - David Harsh
Paae 2 of 5
6. PAYMENT
The ARTIST will receive 100 % of the fee at the conclusion of the performance,
payable to Three Strand Music, P.O.Box 1674, Edmonds, WA 98020 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.
7. PROMOTIONAL RESPONSIBILITIES
A. Promotional materials shall be mutually agreed upon between the CITY and the
ARTIST.
B. The CITY will market the performance as defined in Item 4.
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
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 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
AUBURN AVE THEATER 2008
Agreement - David Harsh
Paae 3 of 5
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 Jim Kleinbeck, Theater Operations Coordinator
Auburn Avenue Theater
10 Auburn Ave
Auburn, WA 98002
ARTIST David Harsh
Three Strand Music
P.O. Box 1674
Edmonds, WA 98020
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.
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.
AUBURN AVE THEATER 2008
Agreement - David Harsh
Page 4of5
ARTIST _
(signature)
ARTIST TAX ID#:
(U6) l)gLl-69,0q
DIRECT +CCONTACTj iPHONE (not agent)
Jctv;(4Av\Uh446L I C.Oiv%
DIRECT CONTACT EMAIL (not agent)
330?)
DATE
CITY OF AUBURN
Dayrl Faber, Director
City of Auburn Parks, Arts & Recreation
2lA4v
DATE
AUBURN AVE THEATER 2008
Agreement - David Harsh
Page 5 of 5
v ., , ."-, ....,