HomeMy WebLinkAboutThe SenateiC- s
AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this 9 OD day of MIuwk 2009, by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein
referred to as "CITY" and The Senate, whose address is 2651 NW 95 St, Seattle, WA 9117, 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: One
90-minute set of The Senate as part of Auburn's Shades of Summer event on
Wednesday, July 29, 2009, from 7:00pm to 8:30pm. ARTIST will be on site by 5:30 pm
for set-up and/or sound check.
SITE OF PERFORMANCE
The ARTIST will conduct its performance at Les Gove Park, 910 Ninth St. SE, Auburn, WA,
herein referred to as "VENUE"
Shades of Summer
Agreement - Senate
July 2009
Page 1 of 4
4. REQUIREMENTS
The CITY shall provide the following for this performance: Sound equipment consisting of
one 24-channel mixer; 2 speakers, 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/strike 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 $1,200.00 (one thousand two hundred and
no/100).
6. PAYMENT
a. Deposit: A deposit to secure the date in the amount of $240.00 (two hundred and
forty and no/100), payable to AGENT: Carol Tingstad, PO Box 684, Issaquah, WA
98027, to be paid upon signing of contract.
b. Balance: The ARTIST shall be paid the balance of $960.00 (nine hundred sixty and
no/100) payable to The Senate for the completed work and performance in
compliance with the terms of this Agreement. _
c. Such payments 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
ARTIST shall provide the following promotional materials to the CITY: Company bio, 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.
Shades of Summer
Agreement - Senate
July 2009
Page 2 of 4
INABILITY TO PERFORM
a. 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 ta reschedule the performance(s) at a mutually agreed upon date.
PERFORMANCE RAINOUT: In the event of rain, the CITY will contact the ARTIST no
later than 4:00pm on Wednesday, July 29, 2009, 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.
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 wri#ing, 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
AGENT Carol Tingstad
PO Box 684
Issaquah, WA 98027
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.
Shades of Summer
Agreement - Senate
July 2009
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
PA CA64j
TAX I.D. #
DATE U~,~
CITY OF AUBURN
Daryl Faber, Director/
Auburn Parks, Arts & Recreation
DATE:
~
Shades of Summer
Agreement - Senate
July 2009
Page 4 of 4